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.

 

 

Alan Zhao: What the Rise of Nicotine Pouches Means for Tobacco Retailers
Alan Zhao: What the Rise of Nicotine Pouches Means for Tobacco Retailers
Alan Zhao argues that nicotine pouches are no longer a niche alternative, but a force quietly reshaping the future of tobacco retail. For distributors and retailers, the real risk is not missing a trend—it is moving too late, after regulation tightens, shelf space hardens and the market begins to choose its winners.
Mar.31 by Alan Zhao | 2Firsts Perspectives
FDA Launches Elsa 4.0 and Completes HALO Data Platform Consolidation
FDA Launches Elsa 4.0 and Completes HALO Data Platform Consolidation
The U.S. Food and Drug Administration announced on May 6 that it has advanced its modernization initiative by launching Elsa 4.0, an upgraded internal AI tool, and consolidating more than 40 application and submission data sources, systems and portals into a new platform called HALO. FDA said the integration of HALO and Elsa will allow staff to query data and build workflows without manually uploading documents in each chat.
May.07 by 2FIRSTS.ai
FDA Expands ENDS Market Access With First Authorization of Non-Tobacco and Non-Menthol Products
FDA Expands ENDS Market Access With First Authorization of Non-Tobacco and Non-Menthol Products
The U.S. Food and Drug Administration (FDA) announced on May 5, 2026 that it authorized the marketing of four Glas electronic nicotine delivery system (ENDS) products through the premarket tobacco product application (PMTA) pathway. The authorized products are Classic Menthol, Fresh Menthol, Gold and Sapphire pods, each containing 50mg/ml, or 5%, tobacco-derived nicotine.
May.06 by 2FIRSTS.ai
Why Many E-Liquids Today Are "Not Bad, but Not Memorable" – Mylor’s Approach to Experience Design
Why Many E-Liquids Today Are "Not Bad, but Not Memorable" – Mylor’s Approach to Experience Design
From May 8 to 10, 2026, Mylor (Booth E70) will exhibit at The Vaper Expo UK, where it will showcase its systematic experience design solutions for e-liquids. At present, the e-liquid market commonly faces a challenge: many products have “no obvious shortcomings, but lack memorable features.” In response, Mylor has proposed refined solutions across multiple dimensions, including device-adaptive sweetness, progressive cooling sensation, fruit-oriented sourness, and segmented nicotine experience.
May.08
AIR Expects to Complete CAEP Business Combination in Q2 2026 and List on Nasdaq
AIR Expects to Complete CAEP Business Combination in Q2 2026 and List on Nasdaq
AIR Limited and Cantor Equity Partners III announced that the F-4 registration statement related to their proposed business combination was declared effective by the U.S. Securities and Exchange Commission on April 22, 2026. Under the arrangement first announced on Nov. 7, 2025, the combined company, AIR Global PLC, is intended to list on Nasdaq in the United States under the ticker “AIIR.”
Apr.24 by 2FIRSTS.ai
FDA Filing Shows RIF Notices for 229 CTP Employees Were Largely Rescinded
FDA Filing Shows RIF Notices for 229 CTP Employees Were Largely Rescinded
A court declaration signed by FDA official Melanie M. Keller on March 24, 2026 detailed the status of previously issued reduction-in-force notices affecting employees at the Center for Tobacco Products (CTP).
Apr.01 by 2FIRSTS.ai