Manufacturer of ecigarettes and other vaping paraphernalia Juul has found itself in hot water with the Federal Drug Administration in the US.

The FDA has penned a harsh letter accusing Juul of marketing its products as less harmful than cigarettes.

While that may very well be the case, the issue is that Juul wasn’t authorised to make such a claim.

The FDA notes that Juul advertised its products as a “modified risk tobacco product” wherein the firm claims in multiple instances that its product is safer than regular cigarettes.

The FDA points to a letter written by the Juul chief executive officer in which it was claimed that smokers could enjoy Juul products without the harm associated with traditional smoking.

The problem here is that the FDA requires that a “modified risk tobacco product” must be given certification before being advertised as such. This application must be accompanied with scientific evidence and other information to support it.

“It is your responsibility to ensure that your tobacco products, all related labeling and advertising, and all other activities by JUUL directed to consumers, such as in any media in which you advertise and any retail establishments, comply with each applicable provision of the FD&C Act and FDA’s implementing regulations. Failure to ensure compliance with the FD&C Act may result in FDA initiating further action, including, but not limited to, civil money penalties, seizure, and/or injunction. Please note that any adulterated and misbranded tobacco products offered for import into the United States are subject to detention and refusal of admission,” said the FDA’s director, Ann Simoneau.

As such Juul has 15 days to respond to the FDA and set out how it plans to correct its actions and a plan for complying with US laws.

A spokesperson for Juul told the Washington Post that the firm would fully cooperate with the FDA.

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Brendyn Lotz writes news, reviews, and opinion pieces for Hypertext. His interests include SMEs, innovation on the African continent, cybersecurity, blockchain, games, geek culture and YouTube.