Small E-Cigarette Manufacturers Call for FDA Delay in Synthetic Nicotine Regulations

Jun.28.2022
Small E-Cigarette Manufacturers Call for FDA Delay in Synthetic Nicotine Regulations
Electronic cigarette manufacturers call for FDA to delay regulating synthetic nicotine, citing lack of time to comply.

Small electronic cigarette manufacturers are calling on the FDA to delay the enforcement of regulations on synthetic nicotine, hoping that e-cigarette users can help delay FDA enforcement.

 

An electronic cigarette industry trade group has submitted a new citizen petition to the FDA, which may prompt the agency to grant a short-term lifeline to some manufacturers and retailers.

 

After the passage of the Consolidated Appropriations Act in March, which includes a requirement for the FDA to regulate synthetic nicotine, manufacturers have 60 days to submit a pre-market tobacco application (PMTA) for their synthetic nicotine products before they can be sold.

 

Afterward, regardless of whether the US Food and Drug Administration (FDA) takes action on the application, they have an additional 60 days to continue selling products with pending Pre-market Tobacco Product Applications (PMTA).

 

As of now, all synthetic nicotine products that have not yet received FDA authorization or extension - either no authorization or potential authorization - must be removed from the market before July 13th, or immediate enforcement actions will be taken.

 

Although the Pre-Market Tobacco Product Application (PMTA) process for traditional tobacco nicotine products is also relatively brief, it does provide manufacturers with a minimum of 10 months to submit their applications. Once submitted, they are given a one-year grace period following the PMTA deadline allowing their products to remain on the market without enforcement action.

 

However, the FDA's timeline for evaluating synthetic nicotine products - from announcement to removal from the market in four months - has not given manufacturers enough time to measure the chemical components in e-cigarette oils, let alone complete any complex research now required for a successful PMTA submission.

 

The US Congress has granted the FDA Tobacco Products Center the power to regulate synthetic nicotine. The intent is to shut down disposable e-cigarette manufacturers like Puff Bar, which switched to using synthetic nicotine in early 2021 instead of seeking FDA authorization for their tobacco-derived nicotine products.

 

A recent survey of young people has revealed that Puff Bar is the most popular brand of vape among high school smokers.

 

Products produced by small electronic cigarette oil manufacturers are of little interest to student smokers, and are only sold in stores where underage customers are prohibited from entering.

 

Some electronic cigarette oil manufacturers have been incorporating synthesized nicotine into their products for many years. Other companies have introduced synthetic e-cigarette oil after the US Food and Drug Administration (FDA) issued millions of template-based refusal orders against almost all vape products with flavors other than tobacco or menthol.

 

More than 100 companies – including many members of the American Vapor Manufacturers Association (AVM) – are rushing to submit PMTAs for their synthetic products. If the FDA begins enforcing regulations on synthetic products in July, many businesses are at risk of bankruptcy.

 

A small electronic cigarette company is asking the FDA to delay enforcement measures.

 

Smokers have the opportunity to help small manufacturers by submitting comments in support of the citizen petition presented by AVM.

 

The petition asks the FDA to use its enforcement discretion to allow synthetic products (bottled e-liquids) manufactured by open system manufacturers to continue to be sold in the market after the July 13 deadline.

 

After the deadline on July 13th, manufacturers were allowed to continue adding and modifying their PMTA as more data became available for reference.

 

AVM's request to the FDA only applies to bottled e-cigarette liquid manufacturers that have submitted PMTA on time, whose applications comply with the agency's filing and acceptance requirements, and have taken measures to eliminate underage exposure to their products. The organization is not seeking enforcement authority over disposable products like Puff Bar.

 

The citizen petition to the United States Food and Drug Administration (FDA) is not an insignificant measure like those found on Change.org. It is a legal avenue outlined in federal regulations that allows individuals or companies to request that the FDA "promulgate, revise, or revoke a regulation or order," or to "take or refrain from taking any other form of administrative action.

 

Source: Vaping360

 


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.

Pennsylvania Vape Directory Enforcement Starts Oct. 19, Barring Retail Sales of Unlisted Products
Pennsylvania Vape Directory Enforcement Starts Oct. 19, Barring Retail Sales of Unlisted Products
Pennsylvania's Act 57 vape directory regime will reach the end of its 120-day inventory transition period on Oct. 19. Nicotine-containing e-cigarettes intended for retail sale in the state that are not listed on the Attorney General's ENDS directory will then be barred from retail sale and treated as contraband subject to seizure, forfeiture and destruction. Manufacturers face annual product certification, brand- and style-based fees and a minimum $50,000 surety bond, while retailers and wholesalers must source through licensed channels and monitor the directory.
Regulations
Oct.08
FDA Unifies Tobacco Registration and Product Listing Form Across Product Categories
FDA Unifies Tobacco Registration and Product Listing Form Across Product Categories
The U.S. FDA has consolidated two tobacco establishment registration and product listing forms into a redesigned Form FDA 3741 covering all regulated product categories, including e-cigarettes, heated tobacco products and nicotine pouches. The current requirements remain limited to domestic establishments. Separately, the FDA has proposed extending registration and product listing requirements to foreign manufacturers, signaling greater regulatory attention to manufacturing entities and product-level information across the tobacco and nicotine supply chain.
FDA
Sep.30
Product | JT to Launch MEVIUS Tropical Option in Japan, Expanding Ploom Tobacco Stick Lineup to 32
Product | JT to Launch MEVIUS Tropical Option in Japan, Expanding Ploom Tobacco Stick Lineup to 32
Japan Tobacco (JT) will launch MEVIUS Tropical Option, a new tobacco stick for Ploom, nationwide in Japan from October 6, 2026. The capsule-format product combines mango-oriented sweetness with menthol cooling, adding a tropical flavor to the MEVIUS Ploom tobacco-stick lineup for the first time. Each pack contains 20 sticks and will launch at JPY 590. The product is compatible with all Ploom devices, and its addition will expand the Ploom tobacco-stick portfolio to 32 variants.
Sep.08
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
Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia’s withdrawal of its appeal in a landmark liquid-nicotine case has left a High Court ruling that struck down the 2023 nicotine exemption in force, bringing liquid and gel nicotine used in vaping products back under the Poisons Act 1952. At the same time, the Control of Smoking Products for Public Health Act 2024 continues to provide a regulatory framework for vaping products, creating uncertainty over retail sales, taxation and existing inventory. MPs are calling for nicotine vape sales and excise collection to stop, including refunds of more than RM354 million collected since 2023, while industry and consumer groups are asking the government to clarify the current legal position.
Sep.04
UK Vape Duty Starts in October as Hayati, DOJO and Others Launch Lower-Capacity Products With Lower Per-Unit Tax
UK Vape Duty Starts in October as Hayati, DOJO and Others Launch Lower-Capacity Products With Lower Per-Unit Tax
The UK's Vaping Products Duty will take effect on October 1, 2026, at a flat rate of £2.20 per 10ml of vaping liquid. Ahead of implementation, DOJO, PIXL and Hayati have introduced or been reported to be adding lower-capacity tiers alongside larger products. DOJO has added a 6ml BLAST7K Fresh below its 10ml BLAST10K Fresh, PIXL offers both a 12ml 8000 and a 6ml 5K, while retailer Ninja Vapes says Hayati is preparing a 7ml 4K alongside its existing 12ml 6K. The pattern points to a growing lower-capacity tier in the UK market, although the brands have not all explicitly linked the changes to the new duty.
Sep.23