A federal appeals court has ruled that a ban on the sale of e-cigarettes in the US is unconstitutional

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A federal appeals court has ruled that a ban on the sale of e-cigarettes in the US is unconstitutional

People wait in line to enter the 5th Circuit Court of Appeals to sit in overflow rooms to hear arguments in New Orleans, Tuesday, July 9, 2019. The appeals court will hear arguments today on whether Congress effectively invalidated former President Barack Obama's entire signature health care law when it zeroed out the tax imposed on those who chose not to buy insurance. A Texas judge in December ruled it was invalid, setting off an appeal by states who support the law. (AP Photo/Gerald Herbert)

Juul can continue selling e-cigarettes despite the FDA ordering a ban. The U.S. Court of Appeals for the district of Columbia issued a temporary stay. Juul can file an emergency motion, which it can then consider along with a response from the FDA.

Juul had petitioned for clearance to sell its tobacco and menthol-flavored vape products, but the FDA turned down the application. The regulator notes that it’s only illegal to sell the Juul device and Juul pods, not to own or use them.

Juul has until noon on the 27th to file an emergency motion. The court says it’s not allowing Juul to sell vaping products based on the merits of the request.

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