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The fate of Juul e-cigarettes has hung in the balance for the past few years as the U.S. Food and Drug Administration reviews the company’s products to determine whether they are safe to inhale.
Two years after issuing Marketing Denial Orders (MDOs) to Juul in June 2022, the FDA announced Thursday that the apps are getting a second chance thanks to new legal precedent.
The FDA had upheld the original ban in July 2022 and has since reviewed “some scientific issues” as well as performed “further substantial review of applications across a range of disciplines, including toxicology, engineering, social science and clinical pharmacology.”
The ban has now been lifted. “This action is being taken in part as a result of new case law as well as FDA’s review of the information provided by the applicant,” the FDA said in a June 6 announcement statement. “Revocation of an MDO is not a permit or a denial and does not indicate whether applications are likely to be permitted or denied.”
FDA regulations limit how much information can be publicly disclosed about pending applications.
Read more: Juul vape: What is it, why are teenagers addicted and is it safe?
Juul makes e-cigarettes and e-liquids that heat and then vaporize nicotine salts. The user inhales vapor instead of smoke.
For years, the FDA has challenged the company’s tactics, including creating products that appeal to teenagers and promote vaping as a being safer than smoking cigarettes. There were also concerns about potentially harmful chemicals contained in Juul e-liquid capsules. One such chemical is benzoic acid, a food additive and preservative that can pose both an environmental and health hazard in large quantities. At the time of the ban, the FDA did not have sufficient toxicological evidence that marketing the product met legal public health standards.
Read more: FDA calls out Juul for promoting vaping as safer than cigarettes
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