Advertisement
Advertise with us
sidenav

After Two Embarrassing Years, FDA Rescinds Juul Denial Order

In this article we will cover
FDA embarrassment: forced to stay its own order
The FDA has a big political problem
Advertisement
Advertise with us

Nearly two years after ordering all Juul products removed from the market for supposed toxicological concerns, the FDA has rescinded its marketing denial order (MDO), and placed Juul Labs’ marketing application back into scientific review.

On June 23, 2022, the FDA Center for Tobacco Products announced that Juul’s premarket tobacco application (PMTA) “lacked sufficient evidence regarding the toxicological profile of the products to demonstrate that marketing of the products would be appropriate for the protection of the public health.”

Today, the agency said in a press release that it has “gained more experience with various scientific issues regarding e-cigarette products, and there have been new litigation outcomes in cases about MDOs for e-cigarette products from other manufacturers.” 

For these reasons, apparently, the original PMTA review was deemed insufficient, and Juul will get another bite at the authorization apple—which could take another two years, or even longer. 

“Rescission of the MDOs is not an authorization or a denial and does not indicate whether the applications are likely to be authorized or denied,” the agency said today. “Rescission of the MDOs returns the applications to pending status, under substantive review by the FDA.”

FDA embarrassment: forced to stay its own order

The 2022 MDO covered the JUUL device, and Virginia Tobacco and Menthol pods in both 3 and 5 percent strengths—all of Juul’s active products—and advised retailers and distributors to remove them from store shelves. “Any products subject to an MDO may not be offered for sale or distributed in the United States, or the FDA may take enforcement action,” the FDA warned in its 2022 press release.

Just a day later, the order was stayed by a federal court after Juul claimed that the FDA had simply ignored thousands of pages of evidence that addressed the very issues the agency had used as a pretext to deny Juul’s application.

Two weeks later, the FDA embarrassingly reversed course and issued an administrative stay that put its own denial order on hold. The agency said it had “determined that there are scientific issues unique to the JUUL application that warrant additional review.” 

Then the agency spent two years deciding that it would be best to just wipe the slate clean and begin its scientific review from scratch. 

The FDA has a big political problem

In Juul Labs’ court filings, the company accused the FDA of letting politics overrule its scientific judgment. The agency issued the hurried denial order after “immense political pressure from Congress once it became politically convenient to blame [Juul] for youth vaping,” the company told the court.

The day before the FDA issued the MDO, Senator Dick Durbin (D-IL) said in a press release that FDA Commissioner Robert Califf should quit if he couldn’t remove unauthorized vaping products like Juul’s from the market. “It’s time for Commissioner Califf to do his job to protect our children or step aside,” said Durbin.

In fact, tobacco control groups and Democratic politicians openly celebrated the FDA denial as a political win, bragging that they had influenced the decision. 

Illinois House member Raja Krishnamoorthi, a longtime opponent of vaping and harm reduction for smokers, attended a celebratory webinar held by Parents Against Vaping (PAVe) and told the prohibitionist group he was “heartened” by the FDA decision, and “so glad” to have “an ally” in FDA Commissioner Robert Califf.

 

Advertisement
Advertise with us
Latest Reviews
Article preview image
Freemax REXA PRO & REXA SMART Review: Too Smart?

The Freemax REXA PRO and REXA SMART are highly advanced pod vapes, offering seemingly endless features, beautiful touchscreens, and new DUOMAX pods.

Wed Jul 30 2025
Article preview image
OXVA XLIM Pro 2 DNA Review: A Match Made in Heaven!

The OXVA XLIM Pro 2 DNA is powered by a custom-made Evolv DNA chipset, offering a Replay function and dry hit protection. Read our review to find out more.

Fri Jul 18 2025
Article preview image
SKE Bar Review: A Reusable Crystal Bar!

The SKE Bar is a 2 mL replaceable pod vape with a 500 mAh battery, a 1.2-ohm mesh coil, and 35 flavors to choose from in 2% nicotine.

Mon Jul 7 2025
Advertisement
Advertise with us
Latest Learn
vaping taxes
Vaping Taxes in the United States and Around the World

Because of declining cigarette sales, state governments in the U.S. and countries around the world are looking to vapor products as a new source of tax revenue.

Thu Jul 31 2025
How Old Do You Have to Be to Vape?
How Old Do You Have to Be to Vape?

The legal age to buy e-cigarettes and other vaping products varies around the world. The United States recently changed the legal minimum sales age to 21.

Tue Jul 1 2025
Where vaping is banned or restricted
Vape Bans: E-Cigarette Restrictions in the U.S. and Worldwide

A list of vaping product flavor bans and online sales bans in the United States, and sales and possession bans in other countries.

Fri Jul 4 2025
About Authors
Jim McDonald
844 posts

Smokers created vaping for themselves without help from the tobacco industry or anti-tobacco crusaders, and I believe vapers and the vaping industry have the right to continue innovating to give everyone who wants to use nicotine access to safe and attractive non-combustible options. My goal is to provide clear, honest information about vaping and the challenges nicotine consumers face from lawmakers, regulators, and brokers of disinformation. You can find me on Twitter @whycherrywhy

See author’s profile
Vaping360.com strives to be the world's most trusted resource for vapers and smokers. We take pride in our editorial integrity, accuracy, and the honesty of our writers.
Read more about us

Rely on Our Expertise

At Vaping360, we take pride in our deep expertise and years of experience in the vaping industry. Our dedicated team of professionals is committed to leveraging their extensive knowledge to meet your needs and exceed your expectations.

Authenticity

Genuine insights backed by thorough and exhaustive research and testing.

Reliability

Consistent, accurate information from the vaping industry experts.

Empowerment

Transparent and reliable content for confident and informed decision-making.

About us

Our mission is clear: to help people who smoke transition to low-risk alternatives and contribute to a smoke-free world. With each article we publish and each review we conduct, we're working towards this goal.

about-us-banner
product preview