Critical Mass With Law.com's Amanda Bronstad: Will The FDA's Decision Extinguish Lawsuits Against Juul? The U.S. Supreme Court Denied Review of Another Roundup Case.
June 29, 2022 at 11:32 AM
7 minute read
Critical Mass
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys. Lawyers suing Juul Labs said their lawsuits will move forward amid the FDA's decision to take the electronic cigarettes off the market. Bayer is looking to future Roundup cases after the U.S. Supreme Court denied a second petition. Find out who is representing L'Oreal in lawsuits over toxic PFAS substances.
I'm Amanda Bronstad. Feel free to reach out to me with your input. My email is [email protected], or follow me on Twitter: @abronstadlaw.
Juul menthol pods. Photo: Diego M. Radzinschi/ALM FDA's Decision Vindicates Claims Against Juul, Lawyers Say
The FDA's decision to deny authorization to market Juul Labs' electronic cigarettes prompted an immediate appeal and talk of possible bankruptcy. But the lawsuits, lawyers say, are moving ahead.
Here's what happened: The FDA, in a June 23 order, found that Juul lacked sufficient evidence about the toxicity of its products, which it must remove from the U.S. market. Juul got a temporary stay of the FDA's order from the U.S. Court of Appeals for the D.C. Circuit, where, on Monday, it filed an emergency motion insisting its products actually convinced smokers of "combustible cigarettes" to switch to its much safer products. "FDA reached these decisions against a backdrop of immense political pressure," wrote Juul's attorney, John O'Quinn (Kirkland & Ellis), in Washington D.C., in that motion.
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