FDA Imposes Deadline on Synthetic Nicotine Products

Jul.15.2022
FDA Imposes Deadline on Synthetic Nicotine Products
FDA takes action on synthetic nicotine products; warns manufacturers illegal sales of non-tobacco e-cigarettes.

On Wednesday, the FDA Tobacco Products Center faced a deadline to take action on popular synthetic nicotine products. However, the agency did not take the strong action that lawmakers and anti-tobacco advocates had requested.


Electronic cigarette companies must submit their pre-market applications before May 14th in order to maintain their products on the market. Products that use synthetic nicotine in electronic cigarettes without FDA authorization must be removed from shelves before July 13th. On Wednesday, the FDA announced its so-called "first two warning letters" to manufacturers who have been illegally selling non-tobacco nicotine electronic cigarette products without authorization.


Synthetic nicotine is an attempt by the industry to evade FDA oversight by manufacturing nicotine in labs rather than sourcing it from tobacco, effectively putting it out of the agency's jurisdiction. However, the FDA stated before the law came into effect in April that the national spending package announced in March "clearly indicates that the FDA can regulate all tobacco products containing nicotine.


According to the FDA, letters were sent to AZ Swagg Sauce LLC and Electric Smoke Vapor House, which together have 10,000 products. The agency stated that both companies did not submit premarket applications by the deadline. Under the law, anyone manufacturing or selling "non-tobacco nicotine" must comply with FDA regulations, which include the requirement for FDA authorization, no sales to individuals under the age of 21, and no claims that their products are less harmful than cigarettes.


The US Food and Drug Administration (FDA) announced on Wednesday that it has sent 107 warning letters to retailers in the past two weeks, demanding that they refrain from selling synthetic nicotine products to minors.


According to Brian King, director of the Center for Tobacco Products, the FDA has been actively implementing key new laws regulating non-tobacco nicotine products since their passage. The warning letters announced today are just the beginning of our efforts to ensure compliance and enforcement. Over the coming weeks, we will continue to investigate companies that may be illegally marketing, selling, or distributing non-tobacco nicotine products and take appropriate action.


Starting Wednesday, any new synthetic nicotine products that have not been authorized for market by the FDA cannot be legally sold. The US Food and Drug Administration (FDA) has reported that it is currently processing over one million applications for synthetic nicotine products submitted by more than 200 manufacturers.


Anti-tobacco advocates say that the FDA's actions are insufficient.


This is not even a step forward, it's just them lifting their foot," said Erika Sward, National Assistant Vice President of Public Affairs for the American Lung Association. Taking action against retailers does not cut off the head of the beast.


Sward stated that all products should be taken down by Thursday with no reason for retention.


The FDA has not taken action against the popular disposable brand, Puff Bar, which offers a variety of flavors including mango, strawberry banana, and peach ice. The product has become a favorite among students in 2021, with over a quarter of high school students claiming Puff Bar as their go-to brand.


According to Sward, the deadline is crucial because it involves the most popular products and brands among children, including Puff Bar. "If the FDA is really going to take action to protect children, Puff Bar needs to be the starting point. We fully expect and hope to see Puff Bar removed from the market. I think it's clear that this is what Congress wants.


Puff Bar did not respond to this.


Republican Senator Susan Collins of Maine and Democratic Senator Dick Durbin of Illinois wrote a letter to the FDA, urging the agency to complete its work before the deadline. On Wednesday, Durbin criticized the agency in the Senate.


The FDA should protect all Americans, especially our children. I call on the FDA to ultimately regain their senses. Stand on the side of public safety, stand on the side of children, not on the side of tobacco companies. The FDA's legal department's actions are unimaginable. This is unsafe for the United States. This is unsafe for our future," he said.


The anti-tobacco organization expressed disappointment with the FDA's inaction.


Harold Wimmer, the President and CEO of the American Lung Association, stated that in March, Congress gave the FDA a clear deadline to regulate tobacco products made with synthetic nicotine. The law requires the FDA to take action and immediately remove these products from the market, using the necessary tools at their disposal.


In May, the FDA announced that it will not complete the review of all pre-market applications for electronic cigarette companies before June 2023, despite a court order to make a decision by that time. This marks a delay of nearly two years.


According to a national survey on youth tobacco use, over two million middle and high school students used e-cigarettes in 2021.


Wimmer stated, "The FDA's ongoing delay is putting more children at risk of addiction to these products. We urge the FDA to swiftly remove all synthetic nicotine products from the market and take strict enforcement measures.


Last week, after a temporary administrative halt was put in place by the US Appeals Court on June 24, the FDA announced that it was suspending its order to remove all Juul Labs' electronic cigarette products from store shelves. The agency cited "scientific issues" and stated that further review was warranted. Anti-tobacco organizations criticized the agency for making ambiguous statements.


The Biden administration has taken steps to curb smoking. In June, it announced plans to develop a proposed regulation that would establish a maximum nicotine level in cigarettes and other tobacco products.


In April, the FDA proposed a rule to ban menthol cigarettes and flavored cigars. A public hearing was held on this topic earlier this summer, and the agency is currently reviewing comments to ultimately determine the rule. However, tobacco companies are expected to file lawsuits in order to prevent the rule from going into effect.


I'm sorry, but I am an AI language model and I need the original text to provide a translation. Can you please provide the text?



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Philippines BIR Steps Up Illicit Vape Enforcement Ahead of Christmas Shopping
Philippines BIR Steps Up Illicit Vape Enforcement Ahead of Christmas Shopping
The Philippines’ Bureau of Internal Revenue is intensifying enforcement against illicit vape and tobacco products ahead of the Christmas shopping season, directing regional and enforcement offices to strengthen monitoring of production sites, warehouses, distribution channels and retail outlets. The BIR destroyed 240,550 illicit vape products in August with an estimated tax liability of about PHP1.53 billion. A nationwide tax-compliance operation in July also inspected 3,590 businesses involved in tobacco and vapor products.
Regulations
Sep.17 by 2Firsts Perspectives
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
FDA’s Center for Tobacco Products detailed new PMTA review data and process changes at the 2026 FDLI conference. Pending PMTAs fell from about 450,000 at the start of 2025 to 135,000 by September 2026. CTP also discussed its 180-day review goal, current sPMTA pilot, alternate-supplier planning, more than 50,300 pending SE reports, and lessons from the nicotine pouch pilot already being applied to ENDS review.
Regulations
Oct.07
FDA Authorizes 24 VELO Nicotine Pouches, Increasing U.S. Authorized Total by 56%
FDA Authorizes 24 VELO Nicotine Pouches, Increasing U.S. Authorized Total by 56%
The U.S. FDA authorized 24 VELO nicotine pouch products from a British American Tobacco subsidiary, raising the total number of authorized products from 43 to 67, a 55.8% increase. The newly authorized 4 mg products include lime and passion fruit flavors and feature certified child-resistant packaging. VELO's first FDA marketing authorization adds BAT to a list previously limited to PMI and Altria products, while bringing the agency's nicotine pouch review pilot total to 47 authorized products.
Oct.30
Pennsylvania Lists 163 Vape Products Eligible for Sale, Including Vuse and JUUL; Previously Pending Chinese Brands Such as OXBAR Remain Absent, While Unlisted Products Including Geek Bar Face Enforcement From October 19
Pennsylvania Lists 163 Vape Products Eligible for Sale, Including Vuse and JUUL; Previously Pending Chinese Brands Such as OXBAR Remain Absent, While Unlisted Products Including Geek Bar Face Enforcement From October 19
Pennsylvania begins enforcing its electronic nicotine delivery system (ENDS) directory restrictions on October 19, 2026. The October 18 directory contained 163 product records from seven manufacturers, including Vuse, JUUL, NJOY, Logic and Naked 100. Geek Bar, RAZ and Lost Mary were absent. BAT, Altria, Japan Tobacco and JUUL collectively accounted for 112 records, or 68.7%, while Imperial Brands' blu had no listings. The directory included 15 disposable vape records, 40 bottled e-liquids and 10 products labeled 0mg, but no open-system refillable devices. Twenty-two manufacturer certifications remained under review. Four Logic models corresponding to Smoore's pending records were listed under the brand owner, while LYCO, OXBAR and Boulder/Rock had no approved directory entries.
Regulations
Oct.19
Product | PMI Launches TEREA Black Mint Pearl in Japan, Adding First Capsule Variant to Black Range With Nationwide Rollout From October 19
Product | PMI Launches TEREA Black Mint Pearl in Japan, Adding First Capsule Variant to Black Range With Nationwide Rollout From October 19
Philip Morris Japan (PMJ) launched TEREA Black Mint Pearl on October 15, 2026, introducing the first capsule-equipped heated tobacco stick in the TEREA Black range for IQOS ILUMA devices. The product combines a strong menthol profile with a crushable mint capsule and is priced at ¥640 per 20-stick pack, including tax. Sales began at four IQOS stores and selected retail partners on October 15, with distribution expanding to convenience stores and other tobacco retailers nationwide from October 19. The launch brings Japan's TEREA portfolio to 28 variants, including 21 menthol-related products, or 75% of the range.
product
Oct.16 by 2Firsts Perspectives
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
Germany collected €9.789 billion in total tobacco tax revenue from January through August 2026, down 10.8% from a year earlier, according to the Federal Ministry of Finance. Germany's tobacco tax base covers not only cigarettes and fine-cut tobacco but also heated tobacco and vaping liquids taxed as tobacco substitutes. The German Association of the Tobacco Industry and Novel Products, or BVTE, citing federal statistical data, said tax-paid cigarette volume fell 12.6% to 40.6 billion sticks. BVTE is using the latest figures to argue against further tax increases planned from 2027 through 2030, while Germany's parliament is scheduled to hold a first reading of the bill on September 24.
Sep.23