Top Line

federal drug administration forbidden Juul Labs’ e-cigarettes remained on the market Thursday, in a move that could potentially upend the vaping startup, which has faced lawsuits, layoffs and shrinking sales in recent years.

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The FDA argued that the company could not prove its marketing conformance to FDA standards and failed to provide sufficient data on product safety for its menthol and tobacco-flavored products, the first of all fruit and sweetened e-cigarettes from the market. After banning flavors.

The news comes nearly two years after the FDA asked Juul and other e-cigarette companies to submit applications to keep their products on the market.

Juul’s applications did not demonstrate that marketing its product “would be appropriate to protect public health,” the FDA said in a statement.

Notably, a study conducted by the company had insufficient and “conflicting” data on potentially harmful chemicals in e-liquid pods, preventing the FDA from completing a full evaluation of the products, the agency said, to e-cigarettes. Considering can not only be banned from distribution but can be pulled from shelves.

Michelle Mittal, executive director of the FDA’s Center for Tobacco Products, said in a statement that Juul had an “opportunity” to prove that its marketing met FDA standards, but instead asked the agency for “important questions.” Left with, which contains enough data to determine health risks.

The agency has yet to announce decisions on some other e-cigarette companies, so their products remain on the market awaiting a decision.

Juul did not respond to a request for comment Forbes.