Juul can continue selling its tobacco and menthol e-cigarettes, FDA says

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WASHINGTON (AP) — The Food and Drug Administration is allowing vaping brand Juul to keep its e-cigarettes on the market, providing relief to a company that has struggled for years after being widely blamed for sparking the teen vaping trend.

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FDA regulators said Thursday that studies from Juul show its e-cigarettes are less harmful for adult smokers, who can benefit from switching completely to vaping.

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The FDA decision applies to both tobacco- and menthol-flavored versions of the reusable product, which works with nicotine-filled cartridges sold in two different strengths. Juul previously discontinued several fruit and candy flavors that helped drive its popularity but were favored by teens.

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Juul will be one of only two U.S. companies authorized to sell menthol-flavored vapes, which many adults prefer to tobacco flavor.

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“This is an important milestone for the company and I think we made a scientifically sound case for the role that menthol can play in e-vapor,” Juul CEO K.C. Crosthwaite told The Associated Press.

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Parents, politicians and antitobacco groups are certain to oppose FDA’s decision. They have argued for years that Juul should be permanently banned from selling its products due to its role in triggering a yearslong spike in underage vaping

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Juul was once valued at over $13 billion and its small, sleek e-cigarettes revolutionized the image and technology of the vaping industry. But the company has since been forced to slash hundreds of jobs and pay billions to settle lawsuits over its role in the rise of youth vaping.

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The FDA had ordered the company to remove its products from the market in June 2022. But then the agency abruptly reversed course and agreed to reopen its scientific review of Juul’s application after the company pushed back in court.

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Juul said that regulators had overlooked thousands of pages of scientific data critical to its submission.

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Thursday’s announcement is not an approval or endorsement, and the FDA reiterated that people who do not smoke should not use Juul or any other e-cigarettes. The FDA determination indicates that smokers who switch completely to Juul can reduce their exposure to deadly carcinogens and other chemicals found in traditional cigarettes.

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The FDA decision applies to Juul’s original product, which is now roughly a decade old. Crosthwaite said the company hopes to win authorization for its next-generation device and is also considering applying to FDA for more flavors.

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In recent years, the FDA has authorized a handful of e-cigarettes to help adult smokers cut back on traditional cigarettes, while rejecting more than a million other vaping products that failed to meet agency standards. Juul’s main competitors, Vuse and Njoy, each previously received FDA permission to remain on the market.

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To meet FDA requirements, 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.