FDA's ban on Juul e-cigarettes delayed by appeals court

The FDA said Thursday that there was 'insufficient evidence to assess the potential toxicological risks' of Juul products

The U.S. Court of Appeals for the District of Columbia temporarily delayed the FDA's ban on Juul devices on Friday after the e-cigarette giant called the agency's order "extraordinary and unlawful" in a court filing, the Wall Street Journal reports. 

The FDA said Thursday that it has not "received clinical information to suggest an immediate hazard associated with the use of" Juul devices, but that there is "insufficient evidence to assess the potential toxicological risks" of using the products.

Juul electronic cigarette

Packages of Juul e-cigarettes are displayed for sale in the Brazil Outlet shop on June 22, 2022 in Los Angeles, California.  (Photo by Mario Tama/Getty Images / Getty Images)

Juul hit back on Friday, arguing that it will "suffer significant irreparable harm."

FDA BANS JUUL E-CIGARETTE PRODUCTS

"In our applications, which we submitted over two years ago, we believe that we appropriately characterized the toxicological profile of JUUL products, including comparisons to combustible cigarettes and other vapor products, and believe this data, along with the totality of the evidence, meets the statutory standard of being ‘appropriate for the protection of the public health,’" Juul said. 

Juul electric cigarette

A shopkeeper demonstrates smoking a Juul brand vaping pen to customers. (REUTERS/Ajeng Dinar Ulfiana/File Photo / Reuters Photos)

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The Wall Street Journal reported that Juul is considering a bankruptcy filing and other options if it is unable to avoid the FDA's ban. 

Juul did not immediately respond to a request for comment on Friday. 

Reuters contributed to this report.