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    Juul asks court for temporary block on FDA's ban of its e-cigarettes

    Juul asked a federal appeals court on Friday for a temporary block on the Food and Drug Administration’s ban of its e-cigarettes.
    The request came less than a day after the health agency told the company that it had to pull its vaping products off the U.S. market.
    Juul called the FDA’s decision “arbitrary and capricious” in the court filing and claimed it amounted to unfair treatment.

    Juul brand vape cartridges are pictured for sale at a shop in Atlanta, Georgia.
    Elijah Nouvelage | Reuters

    Juul asked a federal appeals court on Friday for a temporary block on the Food and Drug Administration’s ban of its e-cigarettes.
    The request came less than a day after the health agency told the company that it had to pull its vaping products off the U.S. market, effective immediately. According to the FDA, Juul’s applications to keep selling its vaping device and menthol- and tobacco-flavored nicotine pods gave insufficient or conflicting data about the potential risks of using the company’s products.

    Juul disagreed, saying in a statement that it provided sufficient research and evidence to address the issues raised by the agency. The company’s chief regulatory officer, Joe Murillo, said in a statement on Thursday that Juul is exploring its options, which include appealing the decision or engaging directly with the FDA.
    In a filing with the U.S. Court of Appeals for the D.C. Circuit, Juul asked for an emergency administrative stay until it can file a motion for a stay pending review by noon on Monday. If granted, the company and retailers would be able to keep distributing and selling Juul products until the court reviews the agency’s decision.
    “[Juul’s] only prospect for meaningful relief that permits it to continue selling its products is an immediate stay,” the company said in the filing.
    Juul claimed the FDA subjected it to unfair treatment compared with other e-cigarette makers. According to the filing, the agency’s press release announcing its ruling on Juul products was “more strident and threatening” than previous denials.
    “FDA’s decision is arbitrary and capricious and lacks substantial evidence, and an immediate administrative stay is critical to protect [Juul Labs Inc.], its commercial partners and its customers,” Juul said.

    The company also called out the agency for imposing immediate enforcement, rather than instating a transition period, which is typical unless the product poses an immediate risk to consumers.
    The FDA declined to comment.

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    JPMorgan Chase tells employees the bank will pay for travel to states that allow abortion

    JPMorgan Chase told workers that it will pay for travel to states that allow legal abortions, according to a memo first obtained by CNBC.
    In a question-and-answer web page linked to the June 1 memo, the bank directly addressed whether it was covering abortion, as well as out-of-state travel to have the procedure.
    “Our health care plans have historically covered travel benefits for certain covered services that would require travel,” JPMorgan said. “Beginning in July, we will expand this benefit to include all covered services that can only be obtained far from your home, which would include legal abortion.”

    JP Morgan CEO Jamie Dimon speaks at the Boston College Chief Executives Club luncheon in Boston, Massachusetts, U.S., November 23, 2021.
    Brian Snyder | Reuters

    JPMorgan Chase, one of the largest employers in the U.S. financial industry, told workers that it will pay for travel to states that allow legal abortions, according to a memo first obtained by CNBC.
    The news came as part of an internal communication to employees explaining expanded medical benefits set to begin in July, according to the June 1 memo.

    “Effective in July, you will be able to access additional covered benefits under the U.S. Medical Plan,” the New York-based bank told workers. Those changes include “family-building benefits, such as cryopreservation,” and enhanced benefits for LGBT+ workers, the bank said.
    “We will also expand our existing health care travel benefit, which today covers certain services such as organ transplants, to all covered health care services that can only be obtained far from your home,” JPMorgan told its staff.
    JPMorgan’s announcement comes as the Supreme Court overturned Roe v. Wade, the landmark ruling that established the constitutional right to abortion in the U.S. in 1973. The expected result of that is that employees in states where the procedure is banned will have to travel to locales where it is still allowed. Before today, only rival bank Citigroup was known to have provided the travel benefit for employees.
    In a question-and-answer web page linked to the June 1 memo, the bank directly addressed whether it was covering abortion, as well as out-of-state travel to have the procedure.
    “Will you pay for an employee to travel to another state to seek an abortion if their state won’t allow them to get one?” the bank said.

    “Yes. Our health care plans have historically covered travel benefits for certain covered services that would require travel,” JPMorgan said. “Beginning in July, we will expand this benefit to include all covered services that can only be obtained far from your home, which would include legal abortion.”
    Abortions have long been covered by the company’s health plan, the bank added.

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    Polestar set to become latest electric vehicle maker to go public via SPAC merger

    Polestar’s shares will begin trading on the Nasdaq on Friday under the ticker “PSNY.”
    The company is the latest electric vehicle maker to go public via a SPAC deal.
    It plans to use the proceeds of the SPAC deal to fund a global expansion and eventually become profitable.

    Shares of Polestar are set to debut under the ticker “PSNY” on Friday, making it the latest electric vehicle maker to go public via a merger with a special purpose acquisition company, or SPAC.
    Polestar said its stock will begin trading on the Nasdaq exchange after it completed its merger with the SPAC Gores Guggenheim. Polestar CEO Thomas Ingenlath said the company will use the roughly $850 million raised from the deal to fund its three-year plan to build new vehicles and eventually become profitable.

    But Ingenlath said Polestar, which began as a joint venture between Sweden’s Volvo Cars and Chinese auto giant Geely in 2017, has progressed beyond startup status.
    “We go public as an operating and successful business — not to raise capital to build a business,” Ingenlath told CNBC in a recent interview. “It’s because the next three years will be super-fast growth, the company is geared up for that with the product portfolio.”    
    SPAC deals have become a more popular way for companies to go public in recent years. The disclosures required are simpler than those in a traditional initial public offering. Unlike in a traditional IPO, companies participating in a SPAC merger are allowed to present forward-looking projections to investors, which can help justify a lofty valuation. But there’s no guarantee that those forecasts will come true.
    So far, most SPAC mergers with electric vehicle companies haven’t worked out well for investors. Even the relatively more successful cases of Lucid Group, Fisker and Nikola are currently trading at 67%, 69% and 92% below their post-merger highs, respectively. EV truck maker Rivian, which went public via a traditional IPO, has also struggled. Its shares are down 84% from its post-IPO high.
    But Polestar could have several advantages over competitors. Volvo Cars still owns 48% of the company, and Polestar already has more than 55,000 vehicles on the road in China, Europe and the U.S. It has a factory up and running in China and an assembly line set to begin production later this year in a South Carolina factory shared with Volvo.

    Over the next three years, the company plans to add three vehicles to its current model, the compact Polestar 2 crossover built in China. The additions are a large SUV, the Polestar 3; a midsize crossover, the Polestar 4; and a large sedan, the Polestar 5, which is intended to serve as the brand’s flagship vehicle.
    All will be fully electric and all will be offered in the U.S., Europe and China. Polestar plans to build its vehicles in all three regions. By the end of 2025, Ingenlath expects Polestar’s three-year road map will take the company to annual sales of about 290,000 vehicles.  
    Ingenlath said Polestar may need to raise more cash before it turns profitable — a milestone he expects to reach before 2025. If so, he said the company will likely issue bonds rather than selling more stock.
    So far, Ingenlath said, the company’s plan is on track. It has received more than 32,000 orders for the Polestar 2 since the start of the year, with those orders coming from 25 different countries. Polestar also got an order from rental-car giant Hertz for 65,000 vehicles over the next five years, a deal Ingenlath said is primarily intended to give consumers an opportunity to try the company’s EVs.
    Polestar’s plan is to be operating sales and service networks in 30 countries by the end of next year, but Ingenlath said the company would likely reach that milestone sooner.

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    Toyota issues recall for its flagship electric SUV following concerns about wheels coming off  

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    Spokesperson for Toyota says recall is for “all bZ4X vehicles in North America, Europe and Asia Pacific. Approximately, 2,700 vehicles are involved in this action.”
    The recall relates to the vehicle’s wheels. Toyota says owners of the vehicle will be notified through a variety of channels.
    “After low-mileage use, all of the hub bolts on the wheel of the subject vehicles can loosen to the point where the wheel can detach from the vehicle,” spokesperson says.

    Toyota’s bZ4X electric sport utility vehicle photographed in Chiba Prefecture, Japan, on Feb. 24, 2022. The Japanese automotive giant has issued a safety recall related to the bZ4X’s wheels.
    Kiyoshi Ota | Bloomberg | Getty Images

    Japanese automotive giant Toyota issued a safety recall for more than 2,000 of its all-electric SUV, the bZ4X.
    Announced Thursday, the recall relates to the bZ4X’s wheels. Toyota said owners of the vehicle would be notified through a variety of channels, starting June 23. Tokyo-listed shares of the company finished 0.7% lower on Friday.

    “After low-mileage use, all of the hub bolts on the wheel of the subject vehicles can loosen to the point where the wheel can detach from the vehicle,” a spokesperson for Toyota said in a statement sent to CNBC via email.
    “If a wheel detaches from the vehicle while driving, it could result in a loss of vehicle control, increasing the risk of a crash,” they added.

    Read more about electric vehicles from CNBC Pro

    According to the spokesperson, the recall is “for all bZ4X vehicles in North America, Europe and Asia Pacific. Approximately, 2,700 vehicles are involved in this action.”
    The cause of the issue remains under investigation. “No one should drive these vehicles until the remedy is performed,” the spokesperson said.
    Toyota is well known for its hybrid and hydrogen fuel cell vehicles but is now attempting to make headway in the increasingly competitive battery-electric market, where firms like Tesla and Volkswagen are jostling for position.  

    “Toyota has been under pressure to up its game in EVs, so will be very disappointed that a recall has been necessary on its first mass-market electric cars,” David Leggett, automotive editor at GlobalData, told CNBC.com via email.
    “On the plus side though, the recall is an early one in the model lifecycle and on a mechanical part that is nothing to do with the car’s electric powertrain,” Leggett added. “They’ll hope to quickly overcome the issue.”
    Toyota launched the bZ4X in Japan last month, and it is the first model in the company’s bZ series. Last December, the company’s president, Akio Toyoda, said Toyota planned “to roll out 30 BEV models by 2030.”
    According to the International Energy Agency, electric vehicle sales hit 6.6 million in 2021. In the first quarter of 2022, EV sales came to 2 million, a 75% increase compared to the first three months of 2021. More

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    Inflation and rising interest rates have stressed the 60/40 investment portfolio strategy — 'but it's not dead,' says financial advisor

    The model of a portfolio split between 60% stocks and 40% bonds has struggled in 2022 amid high inflation and rising interest rates.
    Despite headwinds, a 60/40 portfolio still has value for investors, according to financial planners and experts.
    For one, there are few other places to turn. And investors may benefit from diversifying within the stock and bond categories.

    Trevor Williams

    How a 60/40 portfolio strategy works

    The strategy allocates 60% to stocks and 40% to bonds — a traditional portfolio that carries a moderate level of risk.
    More generally, “60/40” is a shorthand for the broader theme of investment diversification. The thinking is: When stocks (the growth engine of a portfolio) do poorly, bonds serve as a ballast since they often don’t move in tandem.
    The classic 60/40 mix encompasses U.S. stocks and investment-grade bonds (like U.S. Treasury bonds and high-quality corporate debt), said Amy Arnott, a portfolio strategist for Morningstar.

    Market conditions have stressed the 60/40 mix

    Until recently, the combination was tough to beat. Investors with a basic 60/40 mix got higher returns over every trailing three-year period from mid-2009 to December 2021, relative to those with more complex strategies, according to a recent analysis by Arnott.
    Low interest rates and below-average inflation buoyed stocks and bonds. But market conditions have fundamentally changed: Interest rates are rising and inflation is at a 40-year high.

    U.S. stocks have responded by plunging into a bear market, while bonds have also sunk to a degree unseen in many years.
    As a result, the 60/40 portfolio is struggling: It was down 17.6% this year through June 22, according to Arnott.
    If it holds, that performance would rank only behind two Depression-era downturns, in 1931 and 1937, that saw losses topping 20%, according to an analysis of historical annual 60/40 returns by Ben Carlson, the director of institutional asset management at Ritholtz Wealth Management.

    ‘There’s still no better alternative’

    Of course, the year isn’t over yet; and it’s impossible to predict if (and how) things will get better or worse from here.
    And the list of other good options is slim, at a time when most asset classes are getting hammered, according to financial advisors.

    If you’re in cash right now, you’re losing 8.5% a year.

    Jeffrey Levine
    chief planning officer at Buckingham Wealth Partners

    “Fine, so you think the 60/40 portfolio is dead,” said Jeffrey Levine, a CFP and chief planning officer at Buckingham Wealth Partners. “If you’re a long-term investor, what else are you going to do with your money?
    “If you’re in cash right now, you’re losing 8.5% a year,” he added.
    “There’s still no better alternative,” said Levine, who’s based in St. Louis. “When you’re faced with a list of inconvenient options, you choose the least inconvenient ones.”

    Investors may need to recalibrate their approach

    While the 60/40 portfolio may not be obsolete, investors may need to recalibrate their approach, according to experts.
    “It’s not just the 60/40, but what’s in the 60/40” that’s also important, Levine said.
    But first, investors ought to revisit their overall asset allocation. Maybe 60/40 — a middle-of-the-road, not overly conservative or aggressive strategy — isn’t right for you.
    Determining the right one depends on many factors that toggle between the emotional and the mathematical, such as your financial goals, when you plan to retire, life expectancy, your comfort with volatility, how much you aim to spend in retirement and your willingness to pull back on that spending when the market goes haywire, Levine said.

    While bonds have moved in a similar fashion to stocks this year, it would be unwise for investors to ditch them, said Arnott at Morningstar. Bonds “still have some significant benefits for risk reduction,” she said.
    The correlation of bonds to stocks increased to about 0.6% in the past year — which is still relatively low compared with other equity asset classes, Arnott said. (A correlation of 1 means the assets track each other, while zero connotes no relationship and a negative correlation means they move opposite each other.)
    Their average correlation had been largely negative dating back to 2000, according to Vanguard research.
    The S&P 500 Index is down 21% in 2022 and the Bloomberg U.S. Aggregate bond index is down 11%.
    “It’s likely to work in the long-term,” Roth said of the diversification benefits of bonds. “High-quality bonds are a lot less volatile than stocks.”

    Diversification ‘is like an insurance policy’

    The current market has also demonstrated the value of broader investment diversification within the stock-bond mix, said Arnott.
    For example, adding diversification within stock and bond categories on a 60/40 strategy yielded an overall loss of about 13.9% this year through June 22, an improvement on the 17.6% loss from the classic version incorporating U.S. stocks and investment-grade bonds, according to Arnott.
    (Arnott’s more diversified test portfolio allocated 20% each to large-cap U.S. stocks and investment-grade bonds; 10% each to developed-market and emerging-market stocks, global bonds and high-yield bonds; and 5% each to small-cap stocks, commodities, gold, and real-estate investment trusts.)
    “We haven’t seen those [diversification] benefits for years,” she said. Diversification “is like an insurance policy, in the sense that it has a cost and may not always pay off.
    “But when it does, you’re probably glad you had it, Arnott added.

    Investors looking for a hands-off approach can use a target-date fund, Arnott said. Money managers maintain diversified portfolios that automatically rebalance and toggle down risk over time. Investors should hold these in tax-advantaged retirement accounts instead of taxable brokerage accounts, Arnott said.
    A balanced fund would also work well but asset allocations remain static over time.
    Do-it-yourselfers should make sure they have geographic diversification in stocks (beyond the U.S.), according to financial advisors. They may also wish to tilt toward “value” over “growth” stocks, since company fundamentals are important during challenging cycles.
    Relative to bonds, investors should consider short- and intermediate-term bonds over longer-dated ones to reduce risk associated with rising interest rates. They should likely avoid so-called “junk” bonds, which tend to behave more like stocks, Roth said. I bonds offer a safe hedge against inflation, though investors can generally only buy up to $10,000 a year. Treasury inflation-protected securities also offer an inflation hedge.

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    Stocks making the biggest moves premarket: CarMax, FedEx, Seagen and more

    Check out the companies making headlines before the bell:
    CarMax (KMX) – The automobile retailer beat estimates by 7 cents with quarterly earnings of $1.56 per share, and revenue that also beat analyst forecasts amid what the company called a “challenging” used vehicle market. CarMax added 1.1% in the premarket.

    FedEx (FDX) – FedEx rallied 3.4% in premarket trading after reporting its quarterly adjusted earnings of $6.87 per share beat estimates by 1 cent. Shipment volumes declined but were offset by increased shipping rates and fuel surcharges. FedEx also issued upbeat guidance for fiscal 2023.
    Seagen (SGEN) – Seagen shares jumped 3.5% in premarket action after the Wall Street Journal reported that Merck (MRK) is pushing ahead with a potential deal to acquire the biotech company. The stock had jumped last week after the paper’s initial report that Merck was in talks with Seagen about a possible transaction.
    Zendesk (ZEN) – Zendesk soared 56.5% in the premarket on reports that the software company is close to a buyout deal with a group of private equity firms. The Wall Street Journal reported that Hellman & Friedman and Permira are among those involved. The potential buyout comes after Zendesk announced last week that it had ended efforts to sell itself.
    Microsoft (MSFT) – Microsoft gained 1.2% in the premarket after Citi named it a “top pick,” pointing to its attractive valuation and the company’s ability to sustain growth.
    Bausch Health (BHC) – Bausch Health announced that Chairman Joseph Papa has stepped down from the board and it was not due to any dispute or disagreement with the health care products maker. Investor John Paulson will become chairman. Bausch Health jumped 3.6% in premarket trading.

    BlackBerry (BB) – BlackBerry reported an adjusted quarterly loss of 5 cents per share, matching analyst forecasts, while the software company’s revenue beat estimates. BlackBerry’s results were helped by growth in cybersecurity and auto products. Its stock rose 1% in the premarket.
    LendingTree (TREE) – LendingTree slumped 7.9% in premarket trading after the online lender cut its current quarter guidance. LendingTree pointed to recession fears, higher interest rates and inflationary factors for the revision.
    Wolfspeed (WOLF) – The semiconductor developer was upgraded to “buy” from “neutral” at Goldman Sachs, which said the stock’s risk-reward profile is now much more attractive given a recent pullback and that a significant upward earnings inflection is ahead. Wolfspeed rallied 4.1% in premarket trading.

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    Women prefer values-based investing. Here's what that might mean for their wealth

    Empowered Investor

    Fifty-two percent of women would rather invest in companies that have a positive social or environmental impact, according to Cerulli Associates. That’s true for 44% of men.
    Women seem more motivated by wanting to do good than by investment returns, according to experts. This enthusiasm may help garner more interest in investing.
    Investing according to so-called ESG principles doesn’t mean they sacrifice performance.

    Mint Images | Mint Images Rf | Getty Images

    Women prefer investing in a way that helps the environment and does social good, some studies have found. Such values-based investing could help raise women’s general enthusiasm for investing and boost long-term wealth, according to financial experts.  
    About 52% of women would rather invest in companies that have a positive social or environmental impact, according to a recent poll by Cerulli Associates. That’s true for 44% of men.

    While not an enormous gulf, an eight-percentage-point difference is “meaningful,” according to Scott Smith, who heads Cerulli’s research on investor behavior. And the disparity largely remains when comparing women and men across different age and wealth bands, he added.

    The trend exists beyond U.S. borders, too. About 43% of women (versus 34% of men) think a company’s stance on social or environmental issues is “very important” when deciding whether to invest, according to S&P Global, which polled investors in 11 countries, including the U.S.
    “Almost every new client I get wants to invest with their values in mind,” said Cathy Curtis, a certified financial planner based in Oakland, California, whose clients are primarily women.
    “And if they didn’t before, they’re asking me to do it now,” added Curtis, founder and CEO of Curtis Financial Planning and a member of CNBC’s Advisor Council.

    ESG funds

    Investment funds that use so-called environmental, social and governance principles have grown in popularity in recent years. These investments (also known as “sustainable” funds) might invest in firms focused on renewable energy or that promote racial and gender diversity, for example.

    Investors pumped a record $70 billion into ESG funds last year — 14 times the amount just three years earlier, according to Jon Hale, director of sustainability research for the Americas at Sustainalytics, which is owned by Morningstar.
    There were three times as many mutual and exchange-traded ESG funds in 2021 as there were five years ago, holding more than $350 billion total, he said.
    Women are most interested in investing in companies that: pay workers a fair or living wage; are leaders in environmentally responsible practices; and that don’t sell “objectionable” products like tobacco and firearms, respectively, according to Cerulli. (Men have the same top three ESG preferences.)

    More from Empowered Investor:

    Here are more stories touching on divorce, widowhood, earnings equality and other issues related to women’s investment habits and retirement needs.

    “It’s more of an emotional thing with women,” said Curtis of their ESG bent. “It’s absolutely because they don’t want to be invested in things they see as either harming the environment [or] harming women’s causes.
    “They really care about those things.”
    Meanwhile, women tend to invest less often than men overall: About 48% currently have money in the stock market versus 66% of men, for example, according to a recent NerdWallet survey. That’s despite evidence that female investors tend to be better long-term investors than their male counterparts.
    The typical female-headed household also has less wealth: about 55 cents for every dollar of wealth held by the typical male-led household, according to the Federal Reserve Bank of St. Louis. Among household retirement accounts, the typical woman has saved $28,000, less than half the $69,000 reported by men, according to the Transamerica Center for Retirement Research.
    However, ESG enthusiasm among women has the potential to make them more enthusiastic about investing overall, which might prove beneficial for long-term wealth creation, experts said.
    “This definitely gets them more involved, because they care about this [ESG] discussion,” Curtis said. “They don’t care about how much large-cap U.S. and how much international and emerging markets they have [in their portfolios].”

    Investment returns

    Yaorusheng | Moment | Getty Images

    In fact, women’s values tend to override considerations relative to investment returns, Curtis added.
    Among all individual investors, 70% believe sustainable investing implies a financial tradeoff — an increase from 64% in 2019, according to the Morgan Stanley Institute for Sustainable Investing. The share skews higher (83%) among millennials relative to older age groups.
    However, data doesn’t seem to support this “myth,” according to Morgan Stanley.
    About 74% of sustainable funds ranked in the top half of their respective investment categories in the past five years, according to Morningstar. In other words, ESG fund investors tended not to sacrifice performance for their values. (Of course, ESG funds don’t necessarily always outperform. Many have had a tough 2022, for example, largely due to technology-sector exposure, experts said.)
    “For investors and advisors who have been hesitant to invest in sustainable funds because they are under the impression that such funds as a group chronically underperform, [2021] is further evidence that this isn’t true — as are the past five years,” Hale said. More