Is Juul Being Banned in the US?

By Levin Simes
September 12, 2022

Is Juul Being Banned in the US?

Juul products were banned in the United States. What does this mean for other vape companies, your health, and the safety and usability of vaping pens?

A new development in vaping regulations in the United States has singled out Juul products for a full ban. The decision was made based on safety concerns and what critics have described as “aggressive” marketing toward teenagers. The ramifications of this action by the Food and Drug Administration (FDA) could help those who’ve been harmed by Juul products find justice.

At Levin Simes, we have led the way in seeking justice for those harmed by Juul and vaping injuries. More regulation is necessary to ensure the products sold to consumers are safe, especially products used by young people and teenagers. These regulations may have a ripple effect that the public needs to hold all vaping companies to high standards of safety and honesty about the risk their products could pose.

If you have suffered respiratory, lung, or burn injuries from vape pens or e-cigarettes, reach out to the San Francisco headquarters of Levin Simes at (415) 426-3000. Your injuries deserve to be compensated, and your lawsuit could help remove more dangerous products from the market.

For more information about the FDA ban on Juul products, read on.

What Does the FDA Ban on Juul Mean?

The initial FDA decision on June 23, 2022 banned the sale all of Juul products currently marketed in the US, including:

  • The Juul device itself and four types of Juul pods:
  • Virginia tobacco flavored pods at nicotine concentrations of 5.0%
  • Virginia tobacco flavored pods at nicotine concentrations of 3.0%
  • Menthol flavored pods at nicotine concentrations of 5.0%
  • Menthol flavored pods at nicotine concentrations of 3.0%

The FDA specified that these marketing denial orders (MDOs) “only pertain to the commercial distribution, importation, and retail sales of these products.” They explicitly stated that these bans “do not restrict individual consumer possession or use” of Juul products.

The Juul products you may have are not criminalized. However, this FDA ban means you likely can no longer purchase these products from retail stores, as they are banned from selling Juul devices and products to consumers.

The FDA ban of Juul products does not target individual consumers for having or using Juul products, or any other vape or tobacco products. This ban pertains to Juul Labs as a company and to retailers who may no longer sell Juul products.

Why Are Juul E-Cigarettes Being Banned?

The reasons listed by the FDA for restricting the sale of Juul products are:

  • Insufficient evidence that the products are safe for public consumption: The FDA says it doesn’t have enough information on the toxicological profile of Juul vape liquid, and whether or not chemicals from their e-liquid pod cartridges can leach into the substance consumers breathe in.
  • Inability to determine the potential harm of mixing and matching vape products: Questions are still unanswered regarding whether third-party e-liquid pods can cause harm when used with Juul devices. The same questions apply to whether Juul pods can be safely used in other devices.
  • Lack of evidence supporting the public health benefit: While vape companies claim that vaping reduces the rate of traditional smoking, helps smokers quit, and are very unlikely to cause addiction in teens, the FDA remains concerned that Juul and other large vape companies have had a “disproportionate″ effect on the rise of teen vaping.

Any product with nicotine, a known addictive substance, should not imply that it is somehow less addictive, especially to children. The effect that nicotine and vape chemicals can have on the developing brains and lungs of teenagers and young people is also currently undetermined.

What Are the Extreme Dangers of Juul and Vape Products?

Juul products are potentially far more harmful than the concerns addressed by the FDA with this ban. Juuling may be associated with lung damage and other serious side effects like seizures, heart attack, and stroke.

Most dangerously, Juul e-cigarettes could cause fatal harm to users, causing or contributing to potentially life-threatening conditions like emphysema, asthma, and pneumonia.

Levin Simes has filed the first wrongful death lawsuit against Juul in the United States. We are appalled to see a company blatantly advertise their products as safe, and target them towards children when they do not have the necessary, vital proof. If you’ve been harmed by Juul’s products, reach out to us at (415) 426-3000 to explore your legal options.

Is the FDA Banning Vaping?

No, the FDA is not banning vaping…yet.

On June 24, 2022, the very next day after the FDA declared its ban, the order was temporarily blocked by an appeals court. This means that Juul Labs, and all the other vaping companies who were not named in the decision, can continue selling their products while the FDA ban on Juul products is reviewed.

The FDA has approved e-cigarettes and vaping products from some companies like Logic and R.J. Reynolds while rejecting others. The FDA has also previously warned Juul Labs specifically in 2019 about its advertising practices and unproven statements, but years later the company still has not provided enough satisfactory research findings to back up its claims.

Instead, Juul Labs made modifications to its product line after public backlash regarding teen vaping. They eliminated fruit and dessert flavors, only offering tobacco and menthol varieties that are less appealing to students and teens.

However, in 2022 the FDA is also considering a ban on menthol-flavored tobacco products (including cigarettes and cigars), over similar concerns that the minty flavor of menthol makes these dangerous products too appealing. The issue remains that Juul products do not have enough data to declare they are safe.

Vaping is still allowed, but even FDA-approved vaping products and e-cigarettes have the potential to cause new lung diseases and worsen underlying health conditions.

Why Did Juul Have to Pay Out a $400+ Million Settlement?

A settlement was reached in September 2022 between JUUL and 37 states and territories for $438.5 million. This was the conclusion of a 2-year investigation into their advertising practices. Here is what was determined:

  • Juul was found to have used launch parties, social media posts, and free sample giveaways to appeal to youths
  • Juul’s packaging was misleading, as it did not clearly disclose the presence of nicotine, and implied that the nicotine amount was lower than actuality
  • The settlement is meant to be paid over a 6-year period, but could increase to $476.6 million if Juul decides to spread payments over 10 years instead

Juul has agreed to marketing and sales restrictions like limiting their advertising targets to consumers 35 years of age or older. A statement from a Juul spokesperson said that there was “a company-wide reset” in 2019 of their business practices, including aspects of marketing like in-store sales displays and age-verification requirements for purchase. 

There is still a pending FDA investigation on Juul’s scientific data related to the health effects of their products. 

Contact Leading Juul and Vaping Injury Attorneys

When consumer products are marketed as safe for use or consumption, they should be proven to actually be safe. Companies who make claims of safety, or who show their products being used in specific ways, have a responsibility to tell consumers only the truth.

The FDA has stated that Juul products do not meet the standards of proof needed to protect public safety. Juul Labs has previously purchased ad space in youth-targeted websites like the Cartoon Network, Nickelodeon, and Seventeen magazine. Their ads, along with their unproven safety claims, were also once distributed to educational sites for kids as young as middle school (ages 11-14). This is unacceptable.

If you or your child has been harmed by Juul or other e-cigarette or vape products, contact Levin Simes right away by calling (415) 426-3000. Our lawyers are ready to stand by your side.

This FDA ban shows real, substantial concern among qualified experts and public safety officials regarding Juul products. It is information that can help strengthen the case we build on your behalf against Juul Labs. Our firm has pursued Juul Labs in ground-breaking cases because we know what our clients truly deserve — trust us to help you and your family seek justice.

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