Juul on Friday asked a federal court to block a government order to stop selling its electronic cigarettes.
The e-cigarette maker asked the court to pause what it calls an “extraordinary and unlawful action” by the Food and Drug Administration. The company filed an emergency motion with the U.S. Court of Appeals in Washington as it prepares to appeal the FDA’s decision.
The FDA said Thursday that Juul must stop selling its vaping device and its tobacco and menthol flavored cartridges.
The action was part of a sweeping effort by the agency to bring scientific scrutiny to the multibillion-dollar vaping industry after years of regulatory delays.
To stay on the market, companies must show that their e-cigarettes benefit public health. In practice, that means proving that adult smokers who use them are likely to quit or reduce their smoking, while teens are unlikely to get hooked on them.
The FDA said Juul’s application left regulators with significant questions and didn’t include enough information to evaluate any potential risks. Juul said it submitted enough information and data to address all issues raised.
