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.

 

 

Report: 43% of 546 Canadian specialty vape shops found non-compliant in federal inspections
Report: 43% of 546 Canadian specialty vape shops found non-compliant in federal inspections
Health Canada’s vaping compliance and enforcement report covering inspections from April 2024 to March 2025 found 43% of 546 specialty vaping businesses were not compliant with the Tobacco and Vaping Products Act and the Canada Consumer Product Safety Act, according to the report cited. Health inspectors seized vaping products at 235 specialty vaping establishments.
Feb.26 by 2FIRSTS.ai
Finnish Customs Investigate Firm Suspected of Importing and Selling Nicotine Pouches Without Paying Tobacco Tax
Finnish Customs Investigate Firm Suspected of Importing and Selling Nicotine Pouches Without Paying Tobacco Tax
Finnish Customs are investigating a firm suspected of importing and selling nicotine pouches without paying tobacco tax. Two Finnish citizens have been questioned as part of the probe. The authority believes the nicotine pouches were imported into Finland from other EU countries before being distributed to Finnish retailers.
Mar.11 by 2FIRSTS.ai
Bangladesh May Remove E-Cigarette Production and Sales Ban in Tobacco Law Amendment
Bangladesh May Remove E-Cigarette Production and Sales Ban in Tobacco Law Amendment
Bangladesh is preparing amendments to its anti-tobacco ordinance that would remove the ban on the production and sale of e-cigarettes and also delete provisions prohibiting the display of tobacco products at points of sale.
Mar.31 by 2FIRSTS.ai
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
The FDA updated public records on the PMTA authorization of a Glas vape product, renaming “Glas G Device” to “Glas G² Device” and releasing the order letter detailing scientific review and marketing restrictions. Company disclosures suggest the platform may include age-verification technology. If confirmed, Glas G² could be the first vape with device-level age verification to receive an FDA MGO. Glas executives also said menthol and other flavored pods could gain authorization in the future.
Special Report
Mar.14
Russia May Allow Regions to Introduce Experimental Vape Sales Bans
Russia May Allow Regions to Introduce Experimental Vape Sales Bans
Russia’s government commission on legislative activity has approved second-reading amendments to a bill on licensing trade in tobacco and nicotine-containing products that would allow Russian regions to introduce experimental bans on vape sales.
Mar.31 by 2FIRSTS.ai
Elfbar warns flavour bans could push over 50,000 Scottish vapers back to smoking
Elfbar warns flavour bans could push over 50,000 Scottish vapers back to smoking
Elfbar said restricting vape flavour choices—potentially under the Tobacco and Vapes Bill—could disrupt established quitting behaviours and increase relapse risk among former smokers. An Opinium survey commissioned by the company reported fruit and sweet flavours have risen in popularity among adult vapers quitting smoking in Scotland, with 62% now using them most often to quit, up from 34% in December 2024.
Feb.28 by 2FIRSTS.ai