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The FDA has prohibited the sale and marketing of JUUL products across the United States. While consumers can still possess and use these items, retailers must remove JUUL vape pens and cartridges from their shelves to avoid possible enforcement actions, as stated in the FDA’s announcement on June 23.
“This decision reflects the FDA’s ongoing commitment to ensuring that all e-cigarette and electronic nicotine delivery systems meet public health standards,” remarked FDA Commissioner Dr. Robert M. Califf. The ruling followed the FDA’s rejection of JUUL’s data asserting its products’ public health benefits, such as aiding adult smokers in quitting. The FDA found the data “insufficient and conflicting,” raising significant concerns.
The agency has invested considerable resources to review products from major companies in the U.S. market, acknowledging their substantial role in the alarming increase in youth vaping. In 2018, the FDA labeled teen e-cigarette usage as an “epidemic,” particularly noting the rise in flavored pod sales, which were popular among younger users. By 2020, flavored pod sales were banned (excluding menthol and traditional tobacco) due to their appeal to minors.
Despite this ban, JUUL products are not entirely gone. Individuals are still allowed to own and use them, and many alternative e-cigarettes and traditional tobacco products remain on the market. JUUL is anticipated to contest the FDA’s decision. Joe Miller, JUUL’s chief regulatory officer, stated that the company is “exploring all options available under FDA regulations and the law,” including an appeal.
This decision comes at a time when the Biden Administration is also proposing to reduce nicotine levels in cigarettes and other tobacco products. Dr. Califf noted that “Nicotine is powerfully addictive,” indicating that lowering nicotine levels could help prevent future generations from becoming addicted to cigarettes and assist current smokers in quitting.
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In summary, the FDA has banned JUUL products in the U.S., while consumers can still use these items. JUUL plans to appeal the decision as the Biden Administration moves to reduce nicotine levels in tobacco products.