Juul can temporarily keep selling its vaping products in the US

Juul has successfully convinced the United States Court of Appeals for the District of Columbia to delay the Food and Drug Administration's ban on its products. The agency recently banned Juul from selling and distributing its e-cigarette pens and pods in the US after a comprehensive two-year review. It ordered the company to remove its products from the market and has even started telling retailers from pull them from shelves. This temporary reprieve will allow Juul to keep selling its vape pens and pods — and will allow retailers to keep carrying them without the fear of facing penalties — while the court reviews its appeal on the FDA's decision. 

In its request for an emergency stay, Juul called the FDA ban "arbitrary and capricious." It also said that the agency issued the ruling after "immense political pressure from Congress," because it became politically convenient for them to blame Juul for the popularity of vaping among young people, "even though several of its competitors now have a larger market share and much higher underage-use rates." 

Despite Juul's accusation, the FDA didn't mention youth vaping in its decision. Instead, the agency said it was banning the company's products, because it didn't submit sufficient evidence proving that potentially harmful chemicals don't leach from its proprietary pods into the vapor that users inhale. The agency explained: "...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."

Juul, of course, disagreed that it hasn't provided sufficient information and data to the agency. In a statement it sent to Engadget, the company said: "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."

Juul has a long history of butting heads with the FDA, particularly over underage vaping. Its fruit-flavored vape products were once pretty popular among young people until it suspended their sales and stuck to selling menthol and tobacco-flavored pods. Juul also faced a Federal Trade Commission and a House investigation into whether its marketing efforts targeted teens. Things have changed over the past few years: According to a recent study by the Centers for Disease Control and Prevention, most high school students that use e-cigarettes now favor Puff Bar over any other brand. 

According to The New York Times, the court gave Juul until Monday to file an additional motion. The FDA will then have until July 7th to respond to that. It still remains to be seen whether Juul will be able to continue selling its vaping pens and pods in the US throughout the course of its appeal. Sources told The Wall Street Journal that Juul has started exploring its options if it fails to reverse the ban completely, including filing for bankruptcy.

Court OKs lawsuit by woman who says she helped create Pinterest

Pinterest must now face a lawsuit from a former friend of one of its founders who claims she helped create the platform. Bloombergreported that Alameda County Superior Court Judge Richard Seabolt on Thursday denied the company’s motion to dismiss the lawsuit. Christine Martinez, the plaintiff, claims she was asked by co-founder Ben Silbermann to help revive the app. The digital market strategist claims to have developed features tied to Pinterest’s Boards and created a marketing plan to enlist bloggers to promote the platform, among other contributions. 

Martinez filed a lawsuit against the company in September, and Pinterest filed the motion to dismiss in December. The company argued that Martinez’s claims are too old to fall within the statute of limitations. Seabolt disagreed with this and said Martinez “sufficiently alleges” that she and the Pinterest founders agreed to deferred compensation. Pinterest went public in 2019, an event that Seabolt deemed “transformative” and in his view sealed the company's obligation to pay Martinez.

In a statement to Engadget, Pinterest's chief communications officer LeMia Jenkins Thompson noted that the court dismissed several of Martinez's claims. Thompson also stated that, "as the facts come out, we are confident the evidence will confirm that Plaintiff’s claims are meritless and that the rest of this baseless lawsuit should be dismissed." 

According to the New York Times, Martinez was never formally employed at nor did she ever sign a written contract with the San Francisco-based company. Instead, Martinez argues that the agreement was implied, based on her discussions with Sciarra and Silbermann.

Martinez, who is a former lifestyle blogger and founder of an eccomerce startup, told the Times she was eager to help friends. “[...The Pinterest co-founders] had no marketing background or expertise in creating a product for women.”

Paralyzed race driver completes Goodwood hill climb using head movement to steer

Former Indy Racing League competitor Sam Schmidt is continuing to break new ground for accessible driving technology. The Arrow McLaren SP team co-owner has completed the signature hill climb at this year's Goodwood Festival of Speed using head movements and his breath to steer — the first time anyone has demonstrated the feature at the UK event. Schmidt drove a McLaren 720S Spider modified by Arrow Electronics to track his head using infrared cameras. He controlled acceleration and braking by inhaling and exhaling through a "sip-and-puff" device. The racer also wore a semi-autonomous exoskeleton concept, the SAM Suit, that helps him walk.

Schmidt became quadriplegic in 2000 when he injured his spinal cord in a practice lap crash. He has long been an advocate for paralysis treatment, and in 2014 partnered with Arrow to drive a Corvette using a combination of head tracking, sip-and-puff and voice controls. In 2016, became the first American with a license to use an autonomous vehicle on highways, using a Corvette to drive in Nevada.

While alternative mobility solutions can return some level of autonomy to those no longer able to operate a vehicle for one reason or another, it's not entirely clear what role Arrow's technology might play in the future. We've reached out to the company for details on where it sees projects like the SAM heading. Arrow will also be racing against self-driving tech, which is becoming closer to a practical reality, with Level 3 autonomy already reaching public roads. With that said, completely driverless cars (Level 5 autonomy) will take years to arrive.

Period tracker app Flo developing 'anonymous mode' following Supreme Court ruling

Flo, one of the most widely used period tracking apps, says it intends to launch a new "anonymous mode" in an effort to address privacy concerns in the wake of the Supreme Court’s decision to overturn Roe v. Wade. “We will soon be launching an ‘Anonymous Mode’ that removes your personal identity from your Flo account, so that no one can identify you,” the company said in a statement shared on Twitter. 

It’s not clear how this will work or when it might launch. We’ve reached out to Flo for more details on "anonymous mode."

Period tracking apps have come under particular scrutiny ever since a draft opinion overturning Roe v. Wade was leaked last month. Privacy advocates and legal experts have warned that data collected by period tracking apps, which is often shared with other entities, could be used to fuel investigations into people seeking abortion services. News of the Supreme Court’s decision led to renewed calls on social media for people to delete period tracking apps from their phones and remove their personal details from the services.

You deserve the right to protect your data. pic.twitter.com/uA5HLHItCY

— Flo Period Tracker (@flotracker) June 24, 2022

Notably, Flo itself has a messy history when it comes to protecting users’ privacy. The app came under fire in 2019 after The Wall Street Journal reported the app was sharing users’ sensitive information, including details about their menstrual cycles and if they were trying to get pregnant, with Facebook, Google and other third-parties.

The company reached a settlement with the FTC in 2021 over allegations it misled users about how their data was handled. Flo said at the time that the settlement “was not an admission of any wrongdoing.” The company said in an update in May that it had “successfully completed” an independent privacy audit that was a requirement of the settlement.

‘Axie Infinity’ hack victims will only get back around a third of what they lost

Sky Mavis, the developer of blockchain game Axie Infinity, says it will start reimbursing the victims of a $617 million hack that took place earlier this year. The attackers took $25.5 million in USDC (a stablecoin that’s pegged to the value of the US dollar) and 173,600 ether, which was worth around $591.2 million at the time. The FBI claimed North Korean state-backed hacker groups were behind the attack.

Impacted Axie Infinity players will be able to withdraw one ether token for each one they lost in the hack, Sky Mavis told Bloomberg (the company didn't mention a USDC reimbursement). However, as with other cryptocurrencies, the value of Ethereum has plummeted since the attack in March. 

Because of that, Sky Mavis will return around $216.5 million to users. It's possible that the price of Ethereum will rise again, but as things stand, affected users will get back around a third of what they lost.

In April, Sky Mavis raised $150 million in funding to help it pay back the victims. The developer plans to reimburse affected users on June 28th, when it restarts the Ronin software bridge that the hackers targeted. 

Axie Infinity is widely considered the most popular play-to-earn game. Players collect and mint NFTs representing creatures that battle each other, Pokémon-style. These NFTs can be sold to other players, with Sky Mavis charging a transaction fee. By February, Axie Infinity had facilitated $4 billion in NFT sales.

However, the NFT market has all but bottomed out, which has had a significant impact on Axie Infinity. For one thing, according to Bloomberg, the daily active user count dropped from 2.7 million in November to a quarter of that by the end of May.

Apple Music raises the price of its Music student plan in the US, UK and Canada

Expect an Apple Music student plan to add slightly more to your college debt. As developer Michael Burkhardt and 9to5Mac have noticed, Apple has quietly raised the price of Music's student discount from $5 per month to $6 in the US and Canada, and from £5 to £6 in the UK. It's not clear exactly when or why the change occurred (we've asked Apple for comment), but it appears to have occurred within the past two days.

The student tier was introduced in 2016 and offers the full functionality of Apple Music to those who qualify, just at a more affordable price. You currently get Apple TV+ as a bonus, but this is a "limited-time offer" that could vanish at any moment. In May, Apple hiked prices in countries like India, New Zealand and South Africa.

The increase makes Apple Music a tougher sell. Spotify Student Premium is still priced at $5 per month in the US as of this writing, and it includes Hulu's ad-supported plan as well as Showtime. While there are still some reasons to pick Apple Music over rivals (such as tighter integration with Apple hardware), it might not be so enticing if you're trying to wring every last drop of value out of your subscriptions.

Mars Express orbiter finally gets a software upgrade, 19 years later

Think the computers at your office are overdue for an update? They probably don't compare to one of the European Space Agency's best-known spacecraft. The ESA is upgrading its Mars Express orbiter's MARSIS (Mars Advanced Radar for Subsurface and Ioniospheric Sounding) software 19 years after its June 2003 launch. For context, the original code was created using a toolset built for Windows 98 — there are computers in museums that are newer than Microsoft's OS.

The update promises to dramatically improve the Mars Express craft's efficiency. The initial approach gathered large amounts of high-resolution data that quickly swamped memory. With the new software, scientists can toss out unnecessary data. This lets MARSIS run for five times longer than before, and cover much wider swaths of Mars and Phobos in a given pass.

The improvement should help explore the subsurface levels of Mars and Phobos in much greater detail. Researchers hope the extra resolution will let them quickly confirm signals hinting at liquid water near Mars' south pole. In effect, the MARSIS revamp will make sure Mars Express can continue its mission. 

Mars Express is most famous for discovering previous signs of liquid water on the Red Planet, but it's also known for capturing dramatic visuals of the martian landscape. While it won't necessarily make similar headlines as a result of the update, it should remain relevant where it might have become obsolete.

How to watch the Summer Games Done Quick 2022 speedrunning marathon

The 2022 edition of Summer Games Done Quick, the semi-annual speedrunning event, gets underway on June 26th. From then until July 3rd, SGDQ will host a non-stop livestream of skilled players tearing through a wide variety of games as fast as they can. Hopefully, they'll set a few world records in the process.

You can watch the event live on Twitch — the stream is embedded below for your convenience. The pre-show gets underway at 12:30PM ET on Sunday, followed by the first run, a Shadow of the Colossus random boss rush. If you miss anything, you'll be able to catch up on YouTube later.

As ever, viewers will be encouraged to donate to Doctors Without Borders. Last year's event raised $2.9 million for the cause. The most recent winter edition, Awesome Games Done Quick, raised $3.4 million for the Prevent Cancer Foundation. SGDQ 2022 takes place in Bloomington, Minnesota and it's the first in-person GDQ event since Awesome Games Done Quick 2020.

GDQ has released the full schedule, and there are a bunch of intriguing runs in the pipeline. I haven't seen a reverse boss run of Donkey Kong Country before. I'm looking forward to that, as well as the Super Mario Maker 2 relay race. Among the games making their debut at a core GDQ event are Kirby and the Forgotten Land, Halo Infinite, Tunic and, inevitably, Elden Ring.

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."

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.

Apple's second-gen AirPods drop to $100, plus the best early Prime Day deals you can get now

We may be a few weeks out from Amazon Prime Day, but early deals are already starting to roll in. If you're in need of a new smart TV, Amazon has discounted a bunch of Fire TVs and Prime members can pick up a 55-inch Omni Series set for only $300. Elsewhere, Apple's second-generation AirPods are back on sale for $100, Sony's new Linkbuds S received their first discount and Samsung's latest Discover sales event has slashed prices of appliances, wearables and storage gadgets. Here are the best tech deals from this week that you can still get today.

AirPods (2nd gen)

Chris Velazco / Engadget

The second-generation AirPods are down to $100 right now, or 37 percent off their original price. While they don't have all the bells and whistles of the new, third-gen models, these are still decent earbuds that we liked for their improved wireless performance and good battery life.

Buy AirPods (2nd gen) at Amazon - $100

Mac Mini M1

Engadget

Apple's Mac Mini M1 has returned to a record-low price of $570. It's the most affordable M1 machine you can get and we like its sleek design and good array of ports.

Buy Mac Mini M1 (256GB) at Amazon - $570

Apple Watch SE

Cherlynn Low / Engadget

The 44mm blue Apple Watch SE has dropped to a new low of $209 at Walmart. This is a great deal on the already affordable smartwatch and we gave it a score of 88 for its solid performance, comfortable design and handy watchOS features.

Buy Apple Watch SE (44mm, blue) at Walmart - $209

MacBook Air M1

Devindra Hardawar/Engadget

The MacBook Air M1 is $100 off and down to $899. We gave the laptop a score of 94 for its blazing fast performance, excellent battery life and lack of fan noise.

Buy MacBook Air M1 at Amazon - $899

Amazon Fire TV sales

Amazon

Dozens of Amazon Fire TVs are on sale ahead of Prime Day, including the new Omni Series sets. The Omni 4K smart TVs came out last September and they support HDR10, HLG and Dolby Digital Plus, and the larger TVs in the range also support Dolby Vision. Prime members can pick up the 55-inch model for only $300, while anyone can get up to 40 percent off the other sizes.

Shop Amazon Fire TV sales

Samsung Discover sales

Cherlynn Low / Engadget

Samsung's latest Discover sales event is ongoing through June 26th. Everything from appliances to smartphones to TVs have been discounted, and some of the best promotions include free storage upgrades on the Galaxy S22 Ultra and a free Galaxy S22 smartphone when you buy certain Samsung Neo QLED 8K smart TVs.

Shop Samsung Discover deals

Razer Kishi controller

Razer

Razer's Kishi controller for iOS devices is $45 off right now and down to a new low of $55. It's a good accessory to have if you like to play games on the go. It has a wired connection, which means lower latency than Bluetooth controllers, plus an ergonomic design and a USB-C port for passthrough charging.

Buy Razer Kishi (iOS) at Amazon - $55

Sony Linkbuds S

Sony

Sony's new Linkbuds S are 11 percent off and down to $178. This is their first real discount since launching earlier this year, and they have a small, IPX4 rated design, decent ANC and Auto Play support.

Buy Sony Linkbuds S at Amazon - $178

Crucial MX500 SSD (4TB)

We've long been fans of Crucial's MX500 internal drive and now you can pick up the big one with 4TB of space for $320. That's 11 percent off and the best price we've seen. We like this drive for its standard design, solid read and write speeds and integrated power loss immunity feature.

Buy Crucial MX500 (4TB) at Amazon - $320

Samsung T7 SSD (1TB)

Samsung

Samsung's T7 SSD in 1TB is on sale for $115 right now, or only $5 more than its all-time-low price. We like this portable drive for its compact, shock-resistant body, fast read and write speeds and its multi-device compatibility.

Buy Samsung T7 (1TB) at Amazon - $115Buy T7 SSD (1TB) at Samsung - $115

Amazon Luna game controller

Amazon

Prime members can get the Luna game controller for only $40, which is $10 cheaper than its previous all-time low. It's designed to be used with Prime Gaming and Amazon's cloud gaming service, which costs $10 per month, but you can use Bluetooth or USB to connect it to Windows, Mac and Android devices to play other titles, too.

Buy Luna controller (Prime exclusive) at Amazon - $40

Nintendo eShop Super Sale

Erik McLean on Unsplash

Through July 6th, you can get up to 60 percent off Nintendo Switch games if you buy them through the eShop. Some of the titles on sale include Super Mario Odyssey for $42, Skyrim for $30, Pikmin 3 Deluxe for $42 and Just Dance 2022 for $20.

Shop Nintendo eShop Super Sale

Steam Summer Sale

Engadget

Steam's summer sale runs through July 7th and knocks up to 90 percent off titles. Some of the standout games you'll find in this sale include Hollow Knight, Forza Horizon 5, No Man's Sky and God of War.

Shop Steam Summer Sale

New tech deals

Arlo Pro 4 security cameras

Wellbots has knocked up to $90 off Arlo Pro 4 security camera bundles. You can get a three-camera kit for $550 with the code ARLO90, a two-camera bundle for $380 with the code ARLO70 or a one-camera set for $200 with the code ARLO25.

Shop Arlo Pro 4 sets at Wellbots

Sony SRS-XB13 portable speaker

Sony's tiny SRS-XB13 is 20 percent off and down to only $48. Not only does it come in a bunch of fun colors, but this compact Bluetooth speaker also has a waterproof IP67 rated design, punchy bass and a 16-hour battery life.

Buy Sony SRS-XB13 at Amazon - $48

Kindle Paperwhite (2018)

The previous edition of the Kindle Paperwhite is on sale for $70 right now, or nearly half off its normal price. We gave this model a score of 95 for its improved, waterproof design, higher-contrast display and Audible support.

Buy Kindle Paperwhite (2018) at Amazon - $70

Satechi summer sale

Satechi's summer sale knocks up to 75 percent off accessories, so you can grab discounted docks, hubs, chargers and more for less through June 30th. Some standout deals include the iMac USB-C monitor stand and hub for $50 and the USB-C mobile pro hub for $30.

Shop Satechi summer sale

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