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Federal Appeals Court Delays FDA’s Ban on Juul E-Cigarettes

Federal Appeals Court Delays FDA’s Ban on Juul E-Cigarettes

Meanwhile, the Biden administration seems uninterested in controlling the flow of deadly fentanyl into this country.

A few days ago, federal regulators ordered all of the popular Juul e-cigarette products off the market, a move made by the Food and Drug Administration (FDA) based on what it said was “inconsistent and conflicting data” on safety.

The Food and Drug Administration said it was denying Juul’s applications to continue selling the company’s e-cigarette device and prefilled cartridges in menthol and tobacco flavors. The big surprise was the reason: Rather than focusing on youth use, the agency said the company failed to provide sufficient information proving the products were safe — for people of any age.

The agency said some of the company’s study findings raised concerns about possible damage to DNA and “potentially harmful chemicals leaching” from the prefilled cartridges that contain liquid nicotine, flavorings and other chemicals.

“It’s about anybody who would use the product and potential safety issues that the company failed to adequately address,” said Mitch Zeller, former director of the FDA’s Center for Tobacco Products.

Now, a federal appeals court has blocked the FDA’s ban.

Juul can continue to sell its electronic cigarettes, at least for now, after a federal appeals court on Friday temporarily blocked a government ban.

Juul filed an emergency motion earlier Friday, seeking the temporary hold while it appeals the sales ban.

The e-cigarette maker had asked the court to pause what it called an “extraordinary and unlawful action” by the Food and Drug Administration that would have required it to immediately halt its business.

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.

It appears that the FDA is OK with other e-cigrarette firms.

Juul had sought authorization for its tobacco- and menthol-flavored products to stay on the U.S. market by submitting research that compared Juul products to combustible cigarettes and other brands of e-cigarettes. The FDA has authorized tobacco-flavored e-cigarettes from Juul’s biggest rivals, Reynolds American Inc. and NJOY Holdings Inc.

Meanwhile, nobody in the Biden administration is rushing to shut down the influx of deadly fentanyl. In California, a suspected drug dealer was charged Friday with several felonies for possessing enough of this drug to kill 12 million people.

Alfonso Gomez-Santana, 60, of Fullerton has been charged with one felony count of sale or transport of a controlled substance and two felony counts of possession of sale with intent to sell. He faces a maximum sentence of 6 years and 8 months in the Orange County Jail if convicted on all counts.

California Highway Patrol officers discovered four kilos of the deadly drug inside the man’s vehicle during a traffic stop in Fullerton and a search of the man’s Fullerton home revealed 20 more kilos of fentanyl, $250,000 in fentanyl pills, and 122 grams of methamphetamine. A lethal dose of fentanyl is as little as 2 milligrams.

Gomez-Santana was arrested on Wednesday after CHP officers pulled him over near South Lemon Street and Orangethorpe Avenue in the city of Fullerton and discovered four kilos of fentanyl in his vehicle and additional fentanyl and methamphetamine inside his Fullerton home.


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Bureaucratic, scolding Karen is desperate to make everyone else as miserable as they are.

2smartforlibs | June 25, 2022 at 7:54 pm

Seems this is free trade and What Dictator Dementia did is pretty tyrannical especially since pot which has well-documented issues is being made legal.

I wonder how many fda bureaucrats shorted Altria (MO) stock just before the announcement?

Don’t smoke, never have. But know it is bad for a person and always encourage any smoker to stop for health and finances. If e-cigarette does the trick so be it.
This isn’t about any drug use even if liquid nicotine,, it’s a do all campaign to end cigarettes or e-cigarette

    Edward in reply to Skip. | June 26, 2022 at 8:07 am

    Not likely to be such a supposedly benign, if not positive, campaign (do all to end) when two other companies had their e-cig products approved by the FDA. Why this company, Juul, is being targeted when others have not is a question which the FDA claim apparently does nothing to address.

retiredcantbefired | June 25, 2022 at 10:18 pm

Since the FDA simply arrogated powers to itself, over regular cigarettes and e-cigarettes, a Federal court decision stripping the agency of at least the powers not delegated to it by Congress would be a good thing. Still seems unlikely, though.

    Lucifer Morningstar in reply to retiredcantbefired. | June 26, 2022 at 12:16 am

    Since the FDA simply arrogated powers to itself . . .

    Uh, no they didn’t. The Family Smoking Prevention and Tobacco Control Act (2009) amended the Federal Food, Drug, and Cosmetic Act (FFDCA) to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration (FDA).

    So anything the FDA does they do under the delegated authority they received from Congress.

Consumption of nicotine is never a good idea, by whatever means.

There is only one way for a smoker to become a non smoker, quitting nicotine is very unpleasant, for a time. The craving eventually goes away.

If vaping helps, so be it. At the end of the story, it all has to stop to put it behind.

    Milhouse in reply to NotKennedy. | June 25, 2022 at 10:46 pm

    Who says it’s not a good idea, by whatever means? We know smoking it is a very bad idea, but what is the evidence that it’s harmful when consumed by vaping?

      henrybowman in reply to Milhouse. | June 26, 2022 at 2:37 am

      Nicotine is a poison. Regardless of whether you smoke it, vape it, patch it, or snort insecticide.
      Note that I believe that a person has a perfect right to poison himself. Just saying.

      Barry in reply to Milhouse. | June 27, 2022 at 1:02 am

      “Who says…”
      People that have been brainwashed by a corrupt government and a corrupt medical community.

      I don’t think nicotine is 100% bad. It’s like other substances, it may have good qualities and bad. Note the use of “may”. No one knows and not one study is worth the paper it’s printed upon.

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.

Why should they have to show anything? Why should there be a benefit? Why isn’t it enough that people like it? Surely it should be up to the government that wishes to ban it to show convincing evidence that it’s harmful.

    /This. A thousand times this.

    How do Lays potato chips or Skippy peanut butter or chocolate or candy of any kind “benefit public health”? Or any indulgence Americans enjoy? If the new line is that only products that benefit public health is upheld, what is left to buy? Veggies, bread, and dairy? Oh, wait, dairy doesn’t “benefit public health,” out it goes. No more milk, cheese, anything for you, peasants! You will enjoy what we allow you to enjoy and that is all.

    JimWoo in reply to Milhouse. | June 27, 2022 at 10:20 am

    And even if the govt shows it’s harmful the corruptocrats shouldnt be able to ban it. I know people who smoke for 50 yrs and never had any I’ll effects. And they enjoy it. Great point though Milhouse.

I started smoking when I was 12 or so years old when i was 44 I was smoking as many as 3 packs of Marlboro 100’s a day. I tried quitting with patches, pills, hypnosis, and other medicines. Nothing worked. I switched over to vaping so i could control the amount of nicotine I was getting. My flavor was cinnamon (“red hots” flavor)

It took me 2 years but I quit smoking and vaping. If the person has the drive to quit smoking cigarettes , vaping really works. it allows you to manage the nicotine levels while maintaining the physical effects of smoking, hand gestures, throat feeling ext.

Weaning yourself off the nicotine, the way I did, allows you to work on the physical side later without having to deal with the chemical addiction at the same time.

If it wasn’t for vaping, I would still be smoking cigarettes or be dead!

FYI,,, The issue here is that they cant tax it like tobacco. Everything used for vaping is multi use. It can be used for vaping, but it is just normal stuff that can be used by anything else. Tobacco usage has dropped tremendously over the last 10 or so years so the state and federal taxing authorities are scrambling to figure out how to replace the tobacco revenue

Biden admin wants to save you from your behavior.
When it comes to bad behavior by illegal aliens, you are on your own.