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.

 

 

DOJ Trade Fraud Task Force Tops $1 Billion in Cases, Putting Vape Supply Chains at Risk of Fraud Enforcement
DOJ Trade Fraud Task Force Tops $1 Billion in Cases, Putting Vape Supply Chains at Risk of Fraud Enforcement
According to the U.S. Department of Justice (DOJ), Fox News and other reports, the DOJ’s Trade Fraud Task Force (TFTF) has been linked to more than $1 billion in recoveries, penalties, forfeitures and publicly charged losses in less than one year. The task force focuses on trade fraud issues including country-of-origin fraud, illegal transshipment, false declarations and tariff evasion. While vape products are not the main source of the $1 billion figure, the industry’s reliance on global manufacturing and cross-border supply chains places it within broader U.S. trade enforcement scrutiny. The development suggests that U.S. oversight of cross-border vape products may increasingly extend beyond product authorization into import compliance, supply-chain transparency and corporate accountability.
Jul.23
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
The Ohio Supreme Court is hearing a case involving flavored vape sales and whether state authorities can use consumer protection laws to take action against retailers selling unauthorized vape products. Ohio officials argue that selling unauthorized flavored vapes may constitute consumer deception, while retailers argue that tobacco product regulation falls under federal Food and Drug Administration (FDA) authority and that states cannot impose additional restrictions through consumer laws. The case could affect the scope of state-level vape regulation across the United States.
Aug.06
Product | OXVA Launches ONEO Pro in France, Upgrading Its Open-Pod Platform
Product | OXVA Launches ONEO Pro in France, Upgrading Its Open-Pod Platform
Vape brand OXVA has introduced the ONEO Pro, a refillable open-pod system that entered the French market in July 2026. The device features a 2,100mAh battery, up to 40W output, a 4ml refillable cartridge, multiple coil options and a 0.96-inch color TFT display. The launch reflects continued performance upgrades within the refillable open-pod segment, with brands adding higher capacity, adjustable output and smarter device interaction.
Aug.03
InterTabac 2026: First conference program highlights now available online
InterTabac 2026: First conference program highlights now available online
With three months to go before the international tobacco and nicotine industry gathers again in Dortmund, InterTabac, together with NUBIZ and InterSupply, is set to bring around 800 exhibitors from across the globe to eleven exhibition halls. The three events will showcase innovation, market trends and industry networking, while the first conference program highlights are now online, offering trade visitors keynotes, panel discussions and masterclasses to support business decision-making.
Events
Jun.22
UK Local Council Proposes £5 Refundable Deposit on Vape Devices
UK Local Council Proposes £5 Refundable Deposit on Vape Devices
Norwich City Council is set to debate a proposed vape deposit scheme that would require consumers to pay an extra refundable £5 per device at purchase, with the money returned when the device is handed back, as recent recycling-facility fires, including a major Widnes blaze reportedly very likely caused by a vape, draw greater attention to the risks of improperly discarded lithium-battery devices.
Jul.01
Ireland Vape Bill Passes Dáil, Setting Limits on Flavours, Packaging and Retail Display
Ireland Vape Bill Passes Dáil, Setting Limits on Flavours, Packaging and Retail Display
Ireland’s Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026 has passed final stage in the Dáil and will move to the Seanad, with measures to limit vape flavours to tobacco or unflavoured products and tighten rules on packaging colours, retail advertising, in-store displays and sales of nicotine pouches to minors.
News
Jun.26 by 2Firsts Perspectives