FDA Rejects Over 88,000 Nicotine Products, Crackdown Continues

Aug.05.2022
FDA Rejects Over 88,000 Nicotine Products, Crackdown Continues
FDA rejects manufacturers of over 88,000 nicotine-containing products, including synthetic nicotine, without approval. Evaluation of over 350 products ongoing.

The FDA announced on Wednesday that they have sent "refuse to accept" letters to manufacturers of over 88,000 products containing laboratory-made nicotine.


Stephanie Keith/Getty Images (no translation needed as this is already in standard journalistic English)


Brian Kin, Director of the Center for Tobacco Products, revealed the progress of the FDA's regulation of non-tobacco nicotine sources (i.e. synthetic nicotine). The FDA was authorized earlier this year to regulate synthetic nicotine.


Regulatory gray area.


Brian King stated in a letter to unapproved makers of nasal snuff that "selling or distributing any new tobacco products without pre-market authorization in the U.S. market is illegal." The FDA has not approved any synthetic nicotine products for marketing.


According to regulations set by the FDA, as of July 13th, all unauthorized synthetic nicotine products are considered illegal. Therefore, technically, any manufacturer that has not received FDA approval cannot sell their products after that date.


However, the FDA also noted that it will continue to evaluate over 350 synthetic nicotine products. While many of these products (most of which are e-cigarettes) are technically not allowed to be sold, it is still unclear whether the FDA will remove them from the market upon evaluation. The FDA has exercised enforcement discretion for e-cigarettes containing tobacco-derived nicotine, allowing them to remain on shelves while continuing to weigh their sale.


A buildup process


Jonathan Foulds, a public health science professor specializing in tobacco addiction at Penn State College of Medicine, told Pulse that some manufacturers of synthetic nicotine electronic cigarettes are undoubtedly bad. They exploit regulatory loopholes to stay on the market, with their products mainly targeting teenagers.


Given the tight timeline for compiling evidence, other manufacturers may not have had the opportunity to submit applications to the FDA. "To be honest, I'd be surprised if any of them got authorization," he told Pulse. "It's a lot of work that requires a great deal of information and proper research, which simply can't be completed in just two months." He noted that even electronic cigarette manufacturers that use tobacco-derived nicotine have been unable to meet the FDA's evidence standards, despite having had years to apply for marketing orders.


Statement:


This article is compiled from third-party information and is intended solely for industry exchange and learning purposes.


This article does not represent the views of 2FIRSTS and 2FIRSTS cannot confirm the truthfulness or accuracy of the content. The purpose of translating this article is solely for industry discussions and research.


Due to limitations in translation ability, the translated article may not fully convey the intended meaning of the original text. Please refer to the original text for accuracy.


2FIRSTS maintains complete alignment with the Chinese government regarding any domestic, Hong Kong, Macau, Taiwan, or foreign-related expressions or positions.


The compilation of information belongs to the original media and author, and in the event of copyright infringement, please contact us for deletion.


He added, "If they are to withdraw from the market during the review by the agency, it would be fine by me, but they should have enough time to tidy up their applications.



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.

India Duty-Free Nicotine Pouch Sales Face Regulatory Test as ZYN, FOX Classification Remains Open
India Duty-Free Nicotine Pouch Sales Face Regulatory Test as ZYN, FOX Classification Remains Open
The Bombay High Court has ruled that airport duty-free shops are not exempt from India's domestic regulatory laws merely because they operate beyond the customs barrier, leaving in place a sales halt covering ZYN and FOX nicotine pouches at Mumbai's international airport. The court, however, did not determine that the products necessarily qualify as "drugs" under India's Drugs and Cosmetics Act. The retailers have four weeks to submit product information to the appropriate authorities, including CDSCO, which must complete its review within 30 days of receiving the submissions.
Sep.24
Malaysia's Poisons Board Backs New Vape Nicotine Exemption After Unanimously Opposing 2023 Proposal
Malaysia's Poisons Board Backs New Vape Nicotine Exemption After Unanimously Opposing 2023 Proposal
Malaysia's Poisons Board has endorsed Health Minister Dzulkefly Ahmad's proposal to exempt liquid nicotine used in vaping products from the Poisons List, according to a November 2, 2026, report by CodeBlue. The Board unanimously opposed a similar proposal in 2023, but the government proceeded with the exemption. The Kuala Lumpur High Court invalidated the 2023 decision in May 2026, and the government withdrew its appeal in August. No new ministerial order has been published. The development raises questions about the interaction between Malaysia's two regulatory frameworks and the treatment of RM354.51 million in excise duties collected on e-cigarette and vape products between May 2023 and June 11, 2026.
Regulations
Nov.03
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
Cliff Douglas, a veteran U.S. tobacco-control and public health policy figure, told NAS 2026 that the “continuum of risk” should play a central role in tobacco policy. He called for clearer market pathways, stronger risk communication, differentiated regulation and enforcement, and said possible FDA reforms to PMTA reviews could be a “welcome correction” if they create a more efficient, predictable route for scientifically substantiated lower-risk products. Read 2Firsts’ on-site coverage.
Sep.26
Texas Extends Tobacco Tax Interpretation to a 6-Methylnicotine Product, Citing VELO Ruling
Texas Extends Tobacco Tax Interpretation to a 6-Methylnicotine Product, Citing VELO Ruling
The Texas Comptroller of Public Accounts ruled in September 2026 that a combustible product made with non-tobacco plant material and 6-methylnicotine (6-MN), a synthetic nicotine analog, qualifies as a taxable tobacco product. The applicant said the product contained neither tobacco leaf nor measurable conventional nicotine. The determination applies reasoning from a May Texas Supreme Court decision involving VELO nicotine pouches, finding that the plant material and 6-MN together perform the functions of tobacco in a conventional smoking product. The ruling carries applicable tax, licensing and reporting obligations but is limited to the facts submitted by the taxpayer. It does not establish a blanket tax classification for all 6-MN products or extend the same conclusion to e-cigarettes.
Regulations
Nov.06
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
Hawaii's Largest Independent Vape Retailer and Wholesaler Volcano to Close All 13 Stores Ahead of 2027 Sales Rules
Hawaii's Largest Independent Vape Retailer and Wholesaler Volcano to Close All 13 Stores Ahead of 2027 Sales Rules
Hawaii-based vaping company Volcano eCigs plans to close all 13 physical retail stores on December 31, 2026, affecting approximately 56 employees. Volcano operates retail, wholesale, proprietary product and online sales businesses and has previously described itself in legislative testimony as Hawaii's largest independent vape retailer and wholesaler. Its operating company, Jocor Enterprises LLC, filed a formal closure notice on November 4, citing changes in the state's regulatory environment. From January 1, 2027, Hawaii will restrict the sale, acquisition and possession of vaping devices and e-liquids not listed in a state product directory, alongside separate restrictions on certain disposable devices. The closure concerns Volcano's physical retail network; the company has not announced the termination of wholesale or online operations.
Market
Nov.09