The FDA Criticised for not Enforcing The Synthetic Nicotine Ban

Industry InsightRegulations
Jul.18.2022
After being criticised for not enforcing the synthetic nicotine ban, the FDA started sending warnings to non-authorized manufacturers and retailers of the products.

On July 13th the FDA announced that it sent two warning letters to manufacturers marketing non-authorized synthetic nicotine products and over 100 warning letters to retailers selling synthetic nicotine products to minors.

The FDA Criticised for not Enforcing The Synthetic Nicotine Ban

 

Synthetic products, which are often sold in fruity flavors and are popular with teens, have previously been exempt from FDA regulations because they are made from nicotine made in a lab, rather than nicotine extracted from tobacco leaf.

However, following a legislation enacted on March 15th, the US Food and Drug Administration (FDA) has been given the authority to regulate tobacco products containing nicotine from any source. This has led to a ban on synthetic nicotine.

 

After the passing of the synthetic nicotine ban, the Vapor Trade Association (VTA) immediately began working on a strategy to ensure a viable path for companies which are selling the products. Moreover, the VTA’s Board of Directors and members met with the FDA Center for Tobacco Products (CTP) to discuss the ban.

 

The FDA personnel in attendance included over 35 senior leaders, representing seven different offices inside CTP. The VTA held presentations by three Ph.D’s in Organic Chemistry and Physical Analytical Chemistry, in order to frame critical scientific and public policy issues that we believe had not previously been presented to or considered by the FDA.

 

Synthetic nicotine manufacturers had to submit premarket applications by May 14th

 

The March legislation required synthetic nicotine manufacturers to submit premarket applications by May 14, 2022, and any brand which had not submitted these documents would be considered illegal. However, until earlier this week this had never been enforced by the FDA.

 

Naturally this led to the agency being heavily criticised. In a letter, which cited STAT’s reporting on the agency’s lack of action, Senators Dick Durbin (D-Ill.) and Susan Collins (R-Maine), said that the FDA “appears to be on the brink of failing yet again at protecting our nation’s children.”

 

Meanwhile, on July 13th the FDA announced that it sent two warning letters to manufacturers marketing non-authorized synthetic nicotine products and over 100 warning letters to retailers who sold synthetic nicotine products to minors.

 

The content excerpted or reproduced in this article comes from a third-party, and the copyright belongs to the original media and author. If any infringement is found, please contact us to delete it. Any entity or individual wishing to forward the information, please contact the author and refrain from forwarding directly from here.

 

 

Product | 25-second preheat and 2,250mAh battery: Heaven Gifts’ REJO launches new HNB device on Japanese and UK e-commerce platforms
Product | 25-second preheat and 2,250mAh battery: Heaven Gifts’ REJO launches new HNB device on Japanese and UK e-commerce platforms
REJO, Heaven Gifts’ heated tobacco (HNB) brand, has listed the REJO CUBE on its official website. The device features a magnetic modular design with a detachable battery and an OmniHeat™ 360° heating system, and is now available via e-commerce channels in Japan and the UK, priced at 6,980 yen (about $45) in Japan.
Mar.06 by 2FIRSTS.ai
PMI Flags 2026 Headwinds from Japan Taxes, Sees Smoke-Free Growth Re-Accelerating Beyond in Earnings Call
PMI Flags 2026 Headwinds from Japan Taxes, Sees Smoke-Free Growth Re-Accelerating Beyond in Earnings Call
PMI said on its latest earnings call that Japan’s tax cycle will weigh on 2026 performance, while smoke-free growth is expected to re-accelerate thereafter. The discussion also covered U.S. regulation, ZYN strategy and AI-driven efficiency.
Feb.07
Alaska AG warns 1,500+ retailers to stop selling unauthorized vapes and nicotine pouches
Alaska AG warns 1,500+ retailers to stop selling unauthorized vapes and nicotine pouches
Alaska’s attorney general has sent warning letters to more than 1,500 retailers and distributors, cautioning them against selling tobacco products — including e-cigarettes and oral nicotine pouches — that lack U.S. Food and Drug Administration authorization.
Mar.06 by 2FIRSTS.ai
U.S. FDA Posts Final ZYN MRTP Materials, Sets March 4 Deadline for Public Comments
U.S. FDA Posts Final ZYN MRTP Materials, Sets March 4 Deadline for Public Comments
U.S. FDA has released the final batch of materials for ZYN MRTP applications and set March 4 (11:59 p.m. ET) as the deadline for public comments to be considered in the agency’s review.
Feb.03 by 2FIRSTS.ai
Ireland’s Tobacco and Vape Retail Licensing Regime Takes Effect; BAT Says It Should Cover Nicotine Pouches
Ireland’s Tobacco and Vape Retail Licensing Regime Takes Effect; BAT Says It Should Cover Nicotine Pouches
Ireland’s retail licensing system took effect on Feb. 2, 2026, charging annual fees per point of sale and enforced by the Health Service Executive (HSE). British American Tobacco’s local unit, BAT Ireland, said excluding nicotine pouches could leave a regulatory gap.
Feb.04 by 2FIRSTS.ai
Haypp confirms exit from UK vape category as it shifts focus to oral nicotine
Haypp confirms exit from UK vape category as it shifts focus to oral nicotine
Haypp, an online retailer of alternative nicotine products, has confirmed it is exiting the UK vape category as it shifts focus to the oral nicotine market. The company said analysis of its sales data showed increasing adoption of nicotine pouches across its six international markets: the UK, the USA, Germany, Norway, Switzerland and Sweden.
Mar.04 by 2FIRSTS.ai