On Thursday, the Food and Drug Administration instructed Jules Labs to stop selling e-cigarettes in the United States, saying the company provided conflicting and insufficient data that prevented the company from determining the potential health risks of its products.
The company’s pods and cartridges are among the best-selling electronic vaping devices. Does the FDA ruling mean they are no longer for sale and what are the alternatives for Jules users?
What is Jules’ next step?
Earlier Friday, Jules appealed to the U.S. Court of Appeals for the District of Columbia for an emergency stay on an FDA order.
In his filing, Jules argued that the agency’s decision was motivated by political forces who wanted to blame the company for the youth steam crisis. The FDA’s decision to ban Jules was taken “under enormous political pressure from Congress,” the filing said, “although several of its competitors now have a larger market share and the rate of underage use is much higher.”
However, the FDA did not mention the use of minors in its decision to ban Jules from the market. Rather, the company said that Jules did not provide sufficient evidence that the nicotine vapor from its product device inhaled the chemical substance that users inhaled.
Read more about smoking and vaping
If Jul is granted a stay, it may prevent the FDA from enforcing a ban on the sale of Jul products, pending an appeal of the decision to a court, federal agency, or both. This is not the only option for Jul to stay in this time, and the company is trying all possible short-term options to continue selling its products while starting the long appeal process.
Will Zulu users still be able to buy company pods and e-cigarettes?
Some consumers were still able to buy Jules cartridges and the company’s tobacco and menthol-scented pods when news of the verdict spread.
But the FDA said Thursday that retailers selling Jules products would be subject to enforcement measures at one stage and instructed Jules to stop selling or distributing its products. Jules is no longer selling his products on his own website. Until the company is given a moratorium that allows it to keep its products on the market, the items will soon be removed from the shelves.
In its court filing, Jules said the agency’s decision “already had its motivated effect,” indicating that some retailers had stopped selling Jules products.
Individual consumers will not be fined, the FDA said.
Will I still be able to buy other e-cigarette products?
The FDA is not seeking a blanket ban on all VAP products. As part of its new regulatory authority over the so-called electronic nicotine delivery system, or ENDS, the agency is reviewing applications for millions of products. It has already approved 23 of them, including Vuse Alto, the market leader made by RJ Reynolds and several other products made by NJoy and Logic. (Applications for one million other products have been rejected.)
As part of the review, the company must consider whether a product is an effective alternative to combustible tobacco that can help cigarette smokers quit and whether the benefits of the product outweigh its harms to public health.
What are the best-selling e-cigarettes on the market?
According to Nielsen, the best-selling vaping brand in the United States in the last 12 weeks was Vuse Alto, which sold $ 414 million and accounted for 33.4 percent of the overall e-cigarette market. Jules was second with a 33-percent market share. No other brand has come close to these two companies; The next best-selling brand, NJoy Ace, accounted for just 2.4 percent of the market.
How does the tobacco industry stack up against vaping?
The U.S. cigarette industry brought in about $ 99 billion in revenue last year, up from $ 7.8 billion for vaping products like joule, according to Euromonitor, a data research firm. But tobacco sales are declining: Euromonitor estimates that cigarette sales will fall by about 13 percent by 2026, while vaping products are expected to grow by about 22 percent. Altria, the tobacco giant that took a 35 percent stake in July 2018, saw sales decline slightly last year, according to regulatory filings.
There are an estimated 30 million smokers of traditional cigarettes in the United States, a number that has been declining for decades.