The company says it could suffer “irreparable harm” if it can’t sell its products while the court considers its case. | Illustration by Alex Castro / The Verge

Juul can continue selling its e-cigarettes despite the Food and Drug Administration ordering a ban Thursday, according to the US Court of Appeals for the District of Columbia (via TechCrunch). In its order, the court says it’s issuing the temporary stay to give Juul time to file an emergency motion, which it can then consider along with a response from the FDA.

The FDA says the reason for the ban is that there’s “insufficient evidence to assess the potential toxicological risks of using the Juul products.” 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…

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