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.

 

 

Malaysia’s vape industry flags “policy U-turn” concerns after ban on refillable open-system e-cigarettes
Malaysia’s vape industry flags “policy U-turn” concerns after ban on refillable open-system e-cigarettes
Malaysia’s vape industry has raised concerns over the government’s decision to ban refillable open-system e-cigarettes, describing it as a policy reversal despite earlier regulatory approvals.
Jan.08 by 2FIRSTS.ai
Product | ELFBAR launches new “4-in-1” e-cigarette kit: 4× (1ml + 5ml) design, 4 flavors per set
Product | ELFBAR launches new “4-in-1” e-cigarette kit: 4× (1ml + 5ml) design, 4 flavors per set
ELFBAR has launched the “4 in 1 Ultra 50 VAPE KIT” through multiple online sales channels in the UK. The kit combines four 1ml prefilled pods with four 5ml refill containers. The company claims it can deliver up to around 50,000 puffs, with a retail price of approximately £13.99.
Dec.31 by 2FIRSTS.ai
Wisconsin Fines Vape Retailers Nearly $13 Million for Selling Unapproved Products
Wisconsin Fines Vape Retailers Nearly $13 Million for Selling Unapproved Products
The state of Wisconsin has fined one retailer nearly USD 12.44 million and another USD 450,000 for violating the state’s new vape sales law, which took effect in September and restricts sales to an approved list of products.
Dec.11 by 2FIRSTS.ai
BAT Malaysia names Mohd Nizom Sairi as board chairman effective January 1, 2026
BAT Malaysia names Mohd Nizom Sairi as board chairman effective January 1, 2026
BAT Malaysia announced that its independent non-executive director Datuk Seri Dr Mohd Nizom Sairi has been re-designated as board chairman effective January 1, 2026.
Jan.04 by 2FIRSTS.ai
Bangkok Police Bust Illegal E-Cigarette Warehouse, Seize Vapes Worth Over $112,000
Bangkok Police Bust Illegal E-Cigarette Warehouse, Seize Vapes Worth Over $112,000
Thai police raided an illegal e-cigarette warehouse, arrested a man accused of selling vapes online, and seized a large quantity of improperly imported products worth more than 4 million baht (about $112,000).
Dec.25 by 2FIRSTS.ai
Alan Zhao: What Altria’s on! PLUS Authorization Really Signals About FDA PMTA Enforcement
Alan Zhao: What Altria’s on! PLUS Authorization Really Signals About FDA PMTA Enforcement
In this in-depth commentary for 2Firsts, Alan Zhao examines what Altria’s on! PLUS authorization really signals about FDA PMTA enforcement. Beyond the headline approval, FDA’s language, process design and product choices offer rare insight into how nicotine pouch regulation is taking shape—and what it means for industry compliance, in one of the earliest expert reads of the decision.
Regulations
Dec.20 by 2Firsts Perspectives