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Juul sues FDA for not releasing documents used to justify BAN on e-cigarettes

Juul is suing the FDA for failing to release the documents used to justify a ban on e-cigarettes it blames for the vaping crisis in the US

  • Juul is suing the Food and Drug Administration for refusing to release information about why they support a ban on the company
  • Juul accused the FDA of violating the federal Freedom of Information Act by withholding a majority of the ‘scientific disciplinary reviews’
  • On September 6, Juul agreed to pay $438.5 million to settle claims from 34 US states and territories over its marketing and sales practices
  • The company was found to have used social media and young models to market their vapes to a younger audience

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Juul Labs, the vaping company blamed for much of the crisis gripping the nation’s teens, has sued the US Food and Drug Administration over the agency’s refusal to disclose documents supporting its order banning the company.

In a complaint filed Tuesday, Juul accused the FDA of invoking the “widely abused” privilege of the deliberative process to improperly withhold scientific material “central” to understanding the basis of the June 23 sales ban.

Juul said the materials would show whether the FDA conducted a legally required weighing of the public health benefits and risks of its products.

The materials would let the company see the results of whether they help smokers quit cigarettes and whether the agency’s reasoning was scientifically sound.

“The public deserves a complete picture of the scientific facts behind one of the agency’s most controversial and scrutinized decisions in recent years,” Juul said.

Vaping titan Juul has sued the FDA for allegedly withholding the scientific documents used to justify the ban by the company

Vaping titan Juul has sued the FDA for allegedly withholding the scientific documents used to justify the ban by the company

Juul has been accused of creating a public health crisis, particularly among the nation's teenagers, specifically marketing to younger people with sleek designs and fruity flavors

Juul has been accused of creating a public health crisis, particularly among the nation's teenagers, specifically marketing to younger people with sleek designs and fruity flavors

Juul has been accused of creating a public health crisis, particularly among the nation’s teenagers, specifically marketing to younger people with sleek designs and fruity flavors

On September 6, Juul agreed to pay $438.5 million to settle claims from 34 US states and territories over its marketing and sales practices

On September 6, Juul agreed to pay $438.5 million to settle claims from 34 US states and territories over its marketing and sales practices

On September 6, Juul agreed to pay $438.5 million to settle claims from 34 US states and territories over its marketing and sales practices

An FDA spokeswoman declined to comment, saying the agency does not discuss pending litigation.

Juul accused the FDA of violating the federal Freedom of Information Act by withholding a majority of the ‘scientific disciplinary reviews’ underlying the sales ban.

It said it filed an administrative appeal through the agency, but the FDA missed a Sept. 13 deadline to resolve it.

A federal appeals court temporarily suspended the sales ban on June 24.

The FDA then decided on July 5 to let Juul continue to sell its products for the time being, saying that ‘scientific issues’ unique to the company warranted further review.

On September 6, Juul agreed to pay $438.5 million to settle claims from 34 US states and territories over its marketing and sales practices, including that it improperly courted teenage buyers.

While the company did not admit any wrongdoing during the settlement, it said it was trying to ‘resolve issues from the past’

“We think this will go a long way in stemming the tide of youth vaping,” said William Tong, Connecticut’s attorney general, but added that he “can’t say it’s going to stop youth vaping.”

Connecticut and Virginia were awarded over $16 million in the suit, while Texas was awarded $43 million.

The investigation found that Juul is trying to market the vaping products to children by using social media, hiring young models and even giving out free samples.

They also called the company’s age verification system ‘porous’ and found that 45 percent of the company’s Twitter followers were teenagers.

Juul will now be barred from marketing their products by using anyone under the age of 35 in the advertising images.

The company remains mired in legal trouble, facing lawsuits from the states of New York and California, along with 3,500 individual lawsuits from individuals and schools that have now been consolidated into one suit.

Marlboro cigarette maker Altria Group Inc. paid $12.8 billion in 2018 for a 35% stake in Juul.

Altria valued this stake at $450 million per share. 30th of June.