The Food and Drug Administration has authorized Juul Labs to continue selling its e-cigarettes and refill cartridges, marking the conclusion of a multiyear regulatory review that had placed the company's products in limbo. The FDA determined Thursday that Juul's e-cigarette device and pods in tobacco and menthol flavors are "appropriate for the protection of public health."
The authorization does not constitute FDA approval or an endorsement of the products' safety. Rather, Juul provided evidence demonstrating that its e-cigarettes met the legal standard for marketing new tobacco products in the United States. An FDA spokesperson emphasized that the agency must consider risks and benefits to the U.S. population as a whole, including benefits to adults who currently smoke cigarettes.
Regulatory Journey and Scientific Evidence
The FDA initially ordered Juul to stop selling its e-cigarettes in June 2022, citing insufficient evidence to assess potential health risks and "insufficient and conflicting data" about "potentially harmful chemicals leaching from the company's proprietary e-liquid pods." However, the agency suspended the ban less than two weeks later, allowing Juul to continue sales while conducting a review.
In June 2024, the FDA formally rescinded the ban and gave Juul's application "pending status," opening the door for potential authorization. Juul argued that regulators had overlooked thousands of pages of scientific data critical to its submission when the company pushed back in court.
According to the FDA spokesperson, Juul submitted robust data showing that high rates of adults switch from cigarettes to menthol- or tobacco-flavored Juul products. 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.
Market Position and Product Specifications
The authorization applies to both tobacco- and menthol-flavored versions of Juul's reusable product, which works with nicotine-filled cartridges sold in two different strengths. Juul will be one of only two U.S. companies authorized to sell menthol-flavored vapes, which many adults prefer to tobacco flavor.
"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. The company previously discontinued several fruit and candy flavors that helped drive its popularity but were favored by teens.
Juul is no longer the top-selling e-cigarette brand and now trails Vuse, which is sold by Reynolds American. 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.
Regulatory Framework and Industry Context
To meet FDA requirements, companies must show that their e-cigarettes benefit public health by proving that adult smokers who use them are likely to quit or reduce their smoking, while teens are unlikely to get hooked on them. 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. The FDA reiterated that people who do not smoke should not use Juul or any other e-cigarettes.
Company Background and Legal Challenges
Juul launched in 2015 as the brainchild of two Stanford University students and within two years rocketed to the top of the vaping market. The company was once valued at over $13 billion, and its small, sleek e-cigarettes revolutionized the image and technology of the vaping industry with high-nicotine, fruity-flavored vape cartridges sold in mango, mint and crème brûlée flavors.
However, the company's rise was fueled by underage use, and e-cigarettes quickly became ubiquitous in U.S. high schools and middle schools. In 2019, the company was pressured into halting all advertising and eliminating most of its flavors, leaving only tobacco and menthol-flavored cartridges for its device.
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. In 2022, Juul paid $1.7 billion to settle thousands of lawsuits brought by families of Juul users, school districts, city governments and Native American tribes. The company has separately agreed to pay $1.1 billion to settle lawsuits with most U.S. states.
Youth Vaping Trends and Opposition
The use of e-cigarettes by U.S. middle and high school students has declined significantly in recent years, with the FDA reporting that teen vaping dropped to a 10-year low after stepped up enforcement against unauthorized brands imported from China, such as Elf Bar. However, more than 1.6 million students still reported using e-cigarettes as of 2024.
Teens have also shifted away from the Juul brand amid this wider drop in vaping. Unlike Juul, disposable e-cigarettes like Elf Bar still come in fruit and candy flavors, despite efforts by regulators to block their use.
Parents, politicians and antitobacco groups are certain to oppose the FDA's decision. Yolonda Richardson, CEO of the Campaign for Tobacco-Free Kids, said the FDA's decision Thursday is "a big step in the wrong direction" and could reverse recent progress with reducing e-cigarette use.
"There is no question that this crisis was driven by Juul's sleek, easy-to-hide products, which were sold in enticing flavors, including menthol, were marketed in ways that appeal to kids and delivered massive doses of nicotine that can quickly addict kids," Richardson said.
"This is good news for the millions of Americans who still smoke cigarettes," Juul Labs said in an online statement. CEO Crosthwaite added, "We strongly support FDA's role in regulating tobacco and nicotine products. Americans who use nicotine deserve an orderly, reliable market in which they can confidently choose from a wide array of smokefree nicotine products."
