President Biden is still unveiling measures to combat climate change, and his newest efforts are aimed at preventing environmental crises. The President has outlined a string of executive actions that, notably, include the first "Wind Energy Areas…
Democratic lawmakers want federal regulators to track crypto mining energy use and emissions
Congressional Democrats are calling on the Environmental Protection Agency and Department of Energy to address the recent proliferation of cryptocurrency mining within the US. In a letter sent Friday (via The Guardian), Senator Elizabeth Warren and five other lawmakers said the two agencies should work together to require crypto mining firms to disclose their energy use and emissions.
The request comes after the group recently completed an investigation that began at the start of the year. According to the letter, data collected from seven of the largest mining companies in the US, including Stronghold, Bitfury and Riot, indicates they can collectively use more than 1 gigawatt of electricity. Put another way, that’s almost enough to power all the residential buildings in Houston.
Warren and the other lawmakers say they’re concerned about what all that power use will mean for the environment and consumers. Regarding the former, they state that emissions data from three of the surveyed companies indicate they emit approximately 1.6 million tons of CO2 annually or the equivalent of the tailpipe emissions of almost 360,000 cars. “Bitcoin miners are using huge quantities of electricity that could be used for other priority end uses that contribute to our electrification and climate goals, such as replacing home furnaces with heat pumps,” the letter states.
On the latter point, the lawmakers cite a 2021 study from the University of California, Berkeley that estimated crypto mining in upstate New York raised annual electricity bills by approximately $165 million for small businesses and $79 million for consumers. What’s more, they say their investigation doesn’t even scratch the surface of the full impact of crypto mining on power use and emissions in the US. “None of the companies provided full and complete information in response to our questions,” they note.
“The results of our investigation, which gathered data from just seven companies, are disturbing, with this limited data alone revealing that crypto miners are large energy users that account for a significant – and rapidly growing – amount of carbon emissions,” the letter states. By requiring crypto mining firms to disclose their energy use and emissions, the group says the EPA and Department of Energy could provide lawmakers with better data to inform future policy decisions. The agencies have until August 15th to respond to the request.
Juul asks appeals court to block the US ban on its vaping products
Juul has asked a federal appeals court to temporarily block a Food and Drug Administration ban on sales of its vaping products in the US. The agency issued the order on Thursday, citing a lack of sufficient evidence provided by the company to show its devices are safe. The FDA acknowledged that it wasn’t aware of “an immediate hazard” linked to Juul’s vape pen or pods.
“FDA’s decision is arbitrary and capricious and lacks substantial evidence,” Juul said in a filing with the US Court of Appeals for the DC Circuit, according to The Wall Street Journal. The company called the ban extraordinary and unlawful. It requested an administrative stay until it can file a motion for an emergency review of the FDA’s order.
Juul claimed that, without the stay, it would suffer significant and irreparable harm. The company makes the lion’s share of its revenue in the US. If the stay is granted, Juul and retailers will be able to keep selling its products there. The company argued in the filing that the order marked a move away from the FDA’s typical practices, which allow for a transition period.
“We respectfully disagree with the FDA’s findings and decision and continue to believe we have provided sufficient information and data based on high-quality research to address all issues raised by the agency,” Juul’s chief regulatory officer Joe Murillo told Engadget after the FDA issued the order. “In our applications, which we submitted over two years ago, we believe that we appropriately characterized the toxicological profile of JUUL products, including comparisons to combustible cigarettes and other vapor products, and believe this data, along with the totality of the evidence, meets the statutory standard of being appropriate for the protection of the public health.”
Murillo said Juul was exploring all of its options in the wake of the ruling. Among those, according to the Journal, is a possible bankruptcy filing if the company is unable to secure a stay or successfully appeal the ban.
In 2020, the FDA required makers of e-cigarettes to submit their products for review. It looked at the possible benefits of vaping as an alternative to cigarettes for adult smokers. It was weighing those up against concerns about the popularity of vaping among young people. The agency has authorized 23 “electronic nicotine delivery systems,” including products from NJOY and Vuse parent Reynolds American.
The FDA slammed Juul in 2019 for telling students that its products are “totally safe.” The Federal Trade Commission and state attorney generals have investigated Juul over claims it marketed its vape pens to underage users. In the last year, the company has agreed to pay at least $87 million to settle lawsuits in several states — including North Carolina, Washington state and Arizona — which alleged that it targeted young people with its marketing. It has faced similar suits in other states.
Update 6/24 12:51PM ET: Added a note about the possible bankruptcy filing.
FDA bans sales of Juul vape products in the US
The Food and Drug Administration has banned e-cigarette maker Juul from selling and distributing its products in the US. It ordered the company to remove its wares from the market or face enforcement actions.
Reports earlier this week suggested that an FDA ban on Juul products was imminent. After a two-year review, the agency rejected Juul’s application to keep selling tobacco- and menthol-flavored pods, as well as its vape pen. Juul told Engadget that it intends to seek a stay on the decision. It is exploring all other options, including an appeal.
The ban doesn’t apply to Juul products that are already in the possession of the company’s customers. However, it’ll be difficult, if not impossible, to find its pens and pods in the near future.
In 2020, the FDA began a comprehensive review of all e-cigarette products sold in the US. It weighed up the potential benefits of vaping compared with cigarettes for adult smokers against the popularity of e-cigarettes among underage users. The agency has permitted other manufacturers to continue selling vape products, including NJOY and Vuse parent Reynolds American. To date, the agency has authorized 23 “electronic nicotine delivery systems” (to give vape pens their formal name).
In Juul’s case, though, the FDA said the company’s application “lacked sufficient evidence regarding the toxicological profile of the products to demonstrate that marketing of the products would be appropriate for the protection of the public health. In particular, some of the company’s study findings raised concerns due to insufficient and conflicting data – including regarding genotoxicity and potentially harmful chemicals leaching from the company’s proprietary e-liquid pods – that have not been adequately addressed and precluded the FDA from completing a full toxicological risk assessment of the products named in the company’s applications.”
The agency went on to say that it doesn’t have clinical information that suggests there is “an immediate hazard” linked to Juul’s pen or pods. “However, the [marketing denial orders] issued today reflect FDA’s determination that there is insufficient evidence to assess the potential toxicological risks of using the Juul products,” the FDA said. It noted that it’s not possible to grasp the possible harms of using other pods in a Juul vape pen or the company’s pods in third-party devices.
“The FDA is tasked with ensuring that tobacco products sold in this country meet the standard set by the law, but the responsibility to demonstrate that a product meets those standards ultimately falls on the shoulders of the company,” said Michele Mital, acting director of the FDA’s Center for Tobacco Products. “As with all manufacturers, Juul had the opportunity to provide evidence demonstrating that the marketing of their products meets these standards. However, the company did not provide that evidence and instead left us with significant questions. Without the data needed to determine relevant health risks, the FDA is issuing these marketing denial orders.”
The company became the leader in the US e-cigarette market in 2018. However, sales have dropped following a string of controversies. Juul slipped to second place behind Vuse in terms of US market share. The vast majority of the company’s revenue comes from the US, The Wall Street Journal noted this week.
Juul had been accused by federal agencies, state attorneys general and other officials of marketing its products to teens. The company agreed to pay eight-figure settlements related to lawsuits in North Carolina and Washington state, and it has faced suits in several other states.
The company halted sales of mint- and fruit-flavored vape pods in 2019 before the FDA banned most flavored variants in early 2020. According to the Centers for Disease Control and Prevention, nearly 85 percent of young people who tried e-cigarettes said they used flavored varieties. However, vaping has become less popular among teens overall, according to data from 2021. In 2019, Juul revealed a new, connected version of its vape pen that can verify a user’s identity in an attempt to prevent underage use.
Update 6/23 12:50PM ET: Juul Labs’ chief regulatory officer Joe Murillo provided Engadget with the following statement:
We respectfully disagree with the FDA’s findings and decision and continue to believe we have provided sufficient information and data based on high-quality research to address all issues raised by the agency.
In our applications, which we submitted over two years ago, we believe that we appropriately characterized the toxicological profile of JUUL products, including comparisons to combustible cigarettes and other vapor products, and believe this data, along with the totality of the evidence, meets the statutory standard of being appropriate for the protection of the public health.
We intend to seek a stay and are exploring all of our options under the FDA’s regulations and the law, including appealing the decision and engaging with our regulator. We remain committed to doing all in our power to continue serving the millions of American adult smokers who have successfully used our products to transition away from combustible cigarettes, which remain available on market shelves nationwide.