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.

Product | PMI Launches Airport-Exclusive IQOS Skylens Limited Edition, Expanding From Japan’s Narita to Travel Retail Markets in 13 Countries Summary
Product | PMI Launches Airport-Exclusive IQOS Skylens Limited Edition, Expanding From Japan’s Narita to Travel Retail Markets in 13 Countries Summary
Philip Morris International (PMI) has introduced the airport-exclusive limited-edition IQOS ILUMA i PRIME Skylens, the company’s first device created specifically for airport travel retail. Inspired by the world of flight and finished in metallic blue, Skylens debuted at Narita International Airport in Japan before expanding into selected airport duty-free and travel-retail channels across 13 countries in Europe, Asia, the Middle East and Africa. The product retains the existing IQOS ILUMA i PRIME platform, with differentiation centered on airport exclusivity, design and travel-retail execution rather than a new heating architecture.
PMI
Aug.19
Yinghe-Controlled Vape Maker SKE Ordered to Post £569,039 Security as It Pursues Crystal Bar Design Infringement Case in UK
Yinghe-Controlled Vape Maker SKE Ordered to Post £569,039 Security as It Pursues Crystal Bar Design Infringement Case in UK
The UK High Court has ordered Chinese vape manufacturer Shenzhen SKE Technology to provide £569,039 ($776,000) in security for costs in its design infringement proceedings against Vapepen London and other defendants over its Crystal Bar vape product. The court did not accept the defendants’ main argument that recovering costs from a China-based company would face significant enforcement obstacles, but found that SKE had not sufficiently disclosed its own financial position. The order is procedural and does not determine the underlying infringement claims.
News
Aug.21
Product | BAT Expands VELO Peach Ice Medium to FamilyMart Stores Nationwide in Japan
Product | BAT Expands VELO Peach Ice Medium to FamilyMart Stores Nationwide in Japan
British American Tobacco Japan (BAT Japan) expanded VELO Peach Ice Medium to FamilyMart stores nationwide in Japan from September 7, 2026. The oral tobacco product first launched on July 6 and had previously been sold through VELO's official online store, glo Store Ginza and tobacco retailers. It combines peach flavor with menthol cooling at a Medium strength level and is priced at JPY 360. Japanese tobacco retailers list 15 pouches per pack. The move adds the new SKU to an existing nationwide FamilyMart distribution network for VELO rather than marking the brand's first entry into the convenience-store chain.
Sep.15
Smoke-Free Business Hits 42% of Q2 Net Revenue as PMI’s First TNFD Report Covers Single-Use Electronics, Critical Raw Materials and IQOS Repairs
Smoke-Free Business Hits 42% of Q2 Net Revenue as PMI’s First TNFD Report Covers Single-Use Electronics, Critical Raw Materials and IQOS Repairs
Philip Morris International has published its first report aligned with the Taskforce on Nature-related Financial Disclosures, bringing its electronics supply chain and the use and end-of-life stages of smoke-free devices and consumables into its nature-related assessment. PMI said its smoke-free business accounted for about 42% of total net revenues in the second quarter of 2026. The report says non-circular electronic products, particularly single-use items, can increase consumption of limited natural resources and also details an IQOS repair pilot. A 2040 circularity scenario tests assumptions including a 50% reduction in product waste-related costs, 10% raw-material savings and a 25% substitution rate for refurbished products versus new products.
Sep.23
PMI Expands U.S. ZYN Portfolio With New 1.5 mg and 8 mg Strengths, Moves Toward a Unified 20-Pouch-Per-Can Format
PMI Expands U.S. ZYN Portfolio With New 1.5 mg and 8 mg Strengths, Moves Toward a Unified 20-Pouch-Per-Can Format
Philip Morris International is expanding its U.S. ZYN nicotine pouch portfolio with new 1.5 mg and 8 mg strengths and plans to move its core 3 mg and 6 mg dry-pouch products from 15 to 20 pouches per can in the fourth quarter of 2026. ZYN ULTRA is also commercially available, with FDA authorization covering 10 products at 9 mg and one 11 mg Smooth product. PMI U.S. lists the new 1.5 mg and 8 mg strengths as commercially available, but as of September 10 they do not appear on the FDA’s public authorization list. Public materials do not identify which PMTA submissions cover the two new strengths or their current review status.
Sep.11
New York’s 75% Wholesale Tax on Nicotine Pouches Takes Effect Sept. 1, With Aug. 31 Inventory Subject to Floor Tax
New York’s 75% Wholesale Tax on Nicotine Pouches Takes Effect Sept. 1, With Aug. 31 Inventory Subject to Floor Tax
New York State will extend its tobacco products tax to “alternative nicotine products,” including tobacco-free nicotine pouches, from September 1, 2026, at a rate of 75% of the wholesale price. Distributors, wholesalers and retailers must also inventory products held as of 11:59 p.m. on August 31 and pay a floor tax. Vapor products are excluded from the new category and remain subject to New York's separate 20% supplemental sales tax on the retail price.
Aug.26