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.

  South Korea Reopens Cigarette Tax Debate as 63% Back Higher Tobacco Taxes
South Korea Reopens Cigarette Tax Debate as 63% Back Higher Tobacco Taxes
South Korea’s cigarette tax debate has resurfaced after the Ministry of Health and Welfare said tobacco price policy needed review, with a poll showing 63% of respondents support higher tobacco taxes.
Regulations
Jun.22
2Firsts Data | China’s Vape Exports Rise 3.1% in H1 2026 as 6-Methyl Nicotine-Related Products Surge 65.2%
2Firsts Data | China’s Vape Exports Rise 3.1% in H1 2026 as 6-Methyl Nicotine-Related Products Surge 65.2%
China’s vape exports showed resilience in the first half of 2026 after a short-term shock from China’s export rebate adjustment. But customs data points to more than a simple recovery: the structure of growth is changing. Vaping devices and atomization hardware emerged as the strongest growth driver, while nicotine-containing vaping products remained broadly stable. Meanwhile, nicotine substitute-related products represented by 6-methyl nicotine expanded rapidly, becoming a new category to watch for both industry and regulators. After the U.S. market went through a cycle of shortages, replenishment and inventory rebuilding in 2025, China’s vape supply chain is entering a new phase of reallocation.
Special Report
Jul.20
InterTabac 2026: First conference program highlights now available online
InterTabac 2026: First conference program highlights now available online
With three months to go before the international tobacco and nicotine industry gathers again in Dortmund, InterTabac, together with NUBIZ and InterSupply, is set to bring around 800 exhibitors from across the globe to eleven exhibition halls. The three events will showcase innovation, market trends and industry networking, while the first conference program highlights are now online, offering trade visitors keynotes, panel discussions and masterclasses to support business decision-making.
Events
Jun.22
China Tobacco International HK Warns First-Half Revenue May Fall 25%-30%, Tobacco Leaf and Duty-Free Exposure Highlight Reliance on Traditional Tobacco
China Tobacco International HK Warns First-Half Revenue May Fall 25%-30%, Tobacco Leaf and Duty-Free Exposure Highlight Reliance on Traditional Tobacco
CTIHK expects first-half 2026 revenue to fall 25%-30%, mainly due to lower tobacco leaf imports and delayed cigarette shipments to China’s domestic duty-free market. Its 2025 revenue mix—nearly 90% from tobacco leaf-related businesses and less than 1% from new tobacco products—shows continued exposure to traditional supply chains and trade variables.
Jun.18
JT Plans ¥800 Billion Investment in Heated Tobacco Over Three Years, Betting on Ploom as Second Growth Engine
JT Plans ¥800 Billion Investment in Heated Tobacco Over Three Years, Betting on Ploom as Second Growth Engine
Japan Tobacco Inc. (JT) CEO Takehiko Tsutsui said the company plans to invest about ¥800 billion (approximately US$5.4 billion) in heated tobacco products over three years through 2028, aiming to establish Ploom as a second growth engine after combustible cigarettes. Tsutsui said Ploom AURA helped JT increase its share of Japan’s heated tobacco market to 15.8% in the first quarter of 2026. Ploom products are now available in 29 markets, with Ploom AURA sold in 25 markets including Japan. JT also plans to continue its cigarette business while positioning its food operations, particularly frozen noodle products in North America, as another growth opportunity.
Jul.23
DOJ Trade Fraud Task Force Tops $1 Billion in Cases, Putting Vape Supply Chains at Risk of Fraud Enforcement
DOJ Trade Fraud Task Force Tops $1 Billion in Cases, Putting Vape Supply Chains at Risk of Fraud Enforcement
According to the U.S. Department of Justice (DOJ), Fox News and other reports, the DOJ’s Trade Fraud Task Force (TFTF) has been linked to more than $1 billion in recoveries, penalties, forfeitures and publicly charged losses in less than one year. The task force focuses on trade fraud issues including country-of-origin fraud, illegal transshipment, false declarations and tariff evasion. While vape products are not the main source of the $1 billion figure, the industry’s reliance on global manufacturing and cross-border supply chains places it within broader U.S. trade enforcement scrutiny. The development suggests that U.S. oversight of cross-border vape products may increasingly extend beyond product authorization into import compliance, supply-chain transparency and corporate accountability.
Jul.23