Is JUUL Banned? Status Update

As we all know by now, there are multiple vape bans that the Food and Drug Administration (FDA) has currently and previously tried to install on consumption for the general public and distribution for businesses like yours. The last time around it was in June 2022, when the FDA banned all Juul products from being sold or distributed in the U.S.

However:

It was only a few days later this year that they placed a hold on the ban, claiming that more investigation was due to make the ban active. But as is in the U.S., laws and regulations are not always enforced on a federal level and that is where state and municipal regulations come in.

So, is Juul banned in the U.S.?

The FDA issued a marketing denial order (MDO) against Juul on June 23rd, 2022 but the ban was later put on administrative hold until the FDA can review the brand’s marketing application once again.

The agency claims that the ban is currently on hold because of “scientific issues unique to the JUUL application that warrant additional review”. Although this is positive and allows companies like ours and yours to continue JUUL distribution, it only does so while the additional review is underway and does not rescind the ban itself.

So until the review is done, JUUL continues to be available in the marketplace legally. On top of that, JUUL has actually sued the FDA as of September 2022 for failing to produce documents used to issue the initial MDO against the brand.

So if the FDA could not produce these documents, then why did they try to ban JUUL?

The Reason Behind the JUUL Ban

JUUL allegedly failed to provide the evidence necessary to sustain that the brand’s products are ‘appropriate’ in ‘the protection of public health’. The FDA also argued that there was insufficient and conflicting data provided by the brand that made it difficult for JUUL’s potential side effects.

There are also other claims from the agency that could explain why nicotine vapes are getting banned across the country, including the claim that banning nicotine products is just a part of a greater effort to reduce cancer deaths in the U.S. But this effort makes vape store owners wonder: When are vapes getting banned altogether?

What Are These ‘Failed Documents’?

Over the course of the past couple of years, the FDA has requested that vaping companies submit a Premarket Tobacco Product Application, also known as a PMTA. The PMTA must provide scientific evidence that demonstrates that the product in question is ‘appropriate for the protection of public health’ as stated above. 

Based on the information provided and after meeting with the manufacturer, the FDA will decide if the product is fit for distribution in the U.S. and whether they will issue a marketing-granted order or the opposite (MDO). In JUUL’s case, this ended in the discussed vape ban.

Where Is Juul Banned?

Federal law states that starting December 2019, the minimum age to purchase vape pens is 21 years of age. However, states may still set their own age limits, which allows us to assume that e-cigs are not getting banned any time soon.

That said:

After the FDA’s failure to ban JUUL on a federal level, some states and cities have tried to ban or limit the distribution of JUUL products. The following is a list of states banning vaping with JUUL products:

• Massachusetts: Initially tried to ban JUUL but the initiative arrived at a dead stop on December 11th, 2019.
• Rhode Island: Vape flavor ban started in 2020 except for tobacco-flavored vape products.

Many other states have tried to implement vape bans that cover more than just JUUL products, but most have been largely unsuccessful. The same goes for specific cities across the country, which is why we recommend looking up local laws before buying any vape brand, not only JUUL products.

Conclusion