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The JUUL Case and the FDA: Regulatory Redemption or Strategic Maneuver?

  • Iván Garay
  • Aug 7
  • 3 min read
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This first appeared at The Vaping Today. This is the English translation.


On July 17, 2025, the United States Food and Drug Administration (FDA) approved JUUL Labs products for legal sale for the first time. This decision-following years of media battles, lawsuits, and public demonization-represents more than just a technical authorization: it's a move with political, industrial, and strategic implications.


JUUL is not just any company. Born from the innovation ecosystem of Silicon Valley, it revolutionized the vaping market with its nicotine salt devices, quickly capturing an unprecedente market share. But that meteoric rise was followed by a steep fall, marked by accusations of targeting youth, multi-million dollar lawsuits, and a public campaign that made JUUL the main villain in the war against vaping.


Paradoxically, it is that same JUUL-reformed, regulated, and partially "purified" of its past-that nowreturns to the table with the approval of the state.


A planned comeback?

In 2018, Altria-the conglomerate behind Marlboro-acquired 35% of JUUL Labs for nearly 13 billion dollars. Years later, amid JUUL's reputational crisis, Altria publicly distanced itself and wrote down its investment, while retaining control of valuable technology patents. This partial withdrawal can be interpreted not as an abandonment, but as a strategic maneuver to allow JUUL to face regulatory proceedings without the direct stigma of Big Tobacco.


Once the company repositioned itself as compliant, science-driven, and public-health-focused, its path to PMTA (Premarket Tobacco Product Application) approval began to clear. Today, the narrative has changed: JUUL is no longer the enemy of youth, but a case study in industrial redemption.


The FDA, the market, and control

JUUL's approval adds to a troubling pattern: most FDA-authorized products belong to large tobacco corporations. Vuse (Reynolds), NJOY (Altria), and now JUUL (historically linked to Altria) dominate the legal market. The authorization process-long, expensive, and technically demanding-has become a barrier to entry that excludes small manufacturers and independent products, even though these have played a key role in helping millions of adults quit smoking.


The result is a legal market reduced to closed systems, limited flavors (tobacco or menthol), and a monolithic offering that barely resembles the diverse and innovative ecosystem that once drove harm reduction through vaping.


An 'America First' narrative?

Viewed broadly, JUUL's approval may be part of a national reaffirmation strategy. In a political context where border security, industrial sovereignty, and "made in America" consumption are priorities, legitimizing an American-made, FDA-approved, domestically produced device is no accident.


In this new order, disposable devices made in China, "exotic" flavors, and open systems-so popular among adult ex-smokers-are left out. The market is being redefined under a centralized model of control, backed by large corporations and a conservative vision of public order.


Final thoughts

JUUL's return to the legal market cannot be understood solely in regulatory terms. It represents the symbolic closing of a cycle: the exemplary punishment of a company that "went too far," its purification through regulatory rigor, and its reentry as a compliant player in a system that rewards formality over true innovation.


Meanwhile, millions of adult smokers continue to face barriers to accessing effective alternatives. Harm reduction science is advancing, but policy remains caught between industrial interests, moral impulses, and geopolitical calculations.


In a country that champions free markets and innovation, the JUUL case forces us to ask: what is the real price of being acceptable to the state?


Sources:

- FDA press release, July 17, 2025

- Bloomberg, "JUUL Labs Wins FDA Authorization," July 2025

- The New York Times, "The Rise and Fall of JUUL," 2022

- Truth Initiative, "Youth and Vaping," 2023

- PMTA Tracker by ECigIntelligence

- THR Market Analysis, 2024



The views expressed in this piece are those of the author and do not necessarily reflect those of Tobacco Harm Reduction 101. Nothing in this opinion is intended to influence the passage of legislation, and it does not necessarily represent the views of Tobacco Harm Reduction 101.

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