August 19, 2022

Federal court blocks FDA on Juul products

The Food and Drug Administration attempted to ban Juul e-cigarette products. However, that may have been an overreach.

A federal court blocked the FDA’s ban on the products Friday, just one day after the agency implemented it, The Hill reported. The company claimed it was being scapegoated.

Juul had petitioned the U.S. Court of Appeals for the D.C. Circuit, which granted its request for a stay. The court did not decide on the issue itself but rather allowed for more time to investigate the matter.

The FDA had claimed that there was “insufficient and conflicting data” on the safety of its products. It further stated that Juul’s products could have “potentially harmful chemicals leaching” out of them.

Moreover, Juul has become very popular among young users which worries public health authorities. The company countered that charge by citing the fact that many adults use the product to break their smoking habits.

Juul also claimed that the FDA’s ban was “arbitrary and capricious.” It objected on the basis that the FDA ban came “after immense political pressure from Congress once it became politically convenient to blame [Juul] for youth vaping, even though several of its competitors now have a larger market share and much higher underage-use rates.”

Predictably, public health officials had been pleased with the ban. “Juul was the most popular e-cigarette among teens for several years and remains among the most popular today,” Harold Wimmer, American Lung Association president and CEO, said. “Ending the sale of all Juul products, including its menthol flavor, sends the message to companies that their blatant disregard for public health will not be tolerated,” he added.

Harmful products should be kept out of the hands of children and certainly never marketed directly to them. However, in a free country, citizens are allowed to make their own health-related choices — and no government official should have a say in it.

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