WASHINGTON – Juul’s e-cigarettes won’t be pulled off the shelves just yet. A federal court ruled late Friday that the company’s vaping products can stay on the market while the company prepares its full legal challenge to this week’s Food and Drug Administration ban.
The move is the latest in a whirlwind 24 hours for the vaping company, which was ordered to shut down all U.S. sales Thursday afternoon. The company sued the FDA over that decision Thursday evening. The company is also now considering bankruptcy, the Wall Street Journal reported.
It remains unclear how long Juul will be able to stay on the market pursuant to the judge’s order, though it appears the company will gain at least another two weeks. The court order states that the so-called stay is being granted to give the court time to review Juul’s fuller request for an emergency stay. If the judge grants that order, Juul will have even more time on the market, but it is not due to decide on that motion until at least mid-July.
The judges’ ruling is an early — albeit significant — setback for the FDA, which ordered Juul’s products off the market because the agency had concerns with the company’s toxicology data.
The court cautioned that the temporary stay “should not be construed in any way as a ruling on the merits” of Juul’s larger lawsuit.