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.

 

 

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
Fontem Sues FDA Over Refusal-to-File Decision for Nicotine Pouch PMTAs
Fontem Sues FDA Over Refusal-to-File Decision for Nicotine Pouch PMTAs
According to a complaint filed on March 17 in the U.S. District Court for the Northern District of Texas, Fontem US, LLC and Texas retailer OM Investment, LLC sued the Food and Drug Administration and the Department of Health and Human Services over FDA’s refusal-to-file decision for certain Zone nicotine pouch PMTAs.
Mar.19 by 2FIRSTS.ai
Pennsylvania to Publish Vape Manufacturer Directory by June 20
Pennsylvania to Publish Vape Manufacturer Directory by June 20
Now that Act 57 of 2025 is in effect, every manufacturer of nicotine-containing electronic cigarettes sold or offered for retail sale in Pennsylvania must be certified by the Pennsylvania Office of the Attorney General.
Apr.10 by 2FIRSTS.ai
French Lawmakers Move to Extend Plain Packaging Rules to Vaping Product
French Lawmakers Move to Extend Plain Packaging Rules to Vaping Product
French lawmakers Nicolas Thierry and Pierre Cazenave said on April 15 that they will file a cross-party bill to extend plain packaging requirements to vaping products. Under the proposal, unit packs and outer packaging for vaping products, including those without nicotine, would become neutral and standardized in the same way cigarette packs have been since 2017.
Apr.16 by 2FIRSTS.ai
Cross-Party Romanian Lawmakers Propose Ban on E-Cigarettes and Heated Tobacco Use in All Enclosed Public Spaces
Cross-Party Romanian Lawmakers Propose Ban on E-Cigarettes and Heated Tobacco Use in All Enclosed Public Spaces
Lawmakers from Romania’s USR, PSD and PNL have submitted a bill that would ban e-cigarettes, vapes and heated tobacco devices in all enclosed public spaces. The proposal would redefine “smoking” so that inhaling aerosols produced by heating or vaporizing products containing tobacco, nicotine or other substances intended for inhalation would also be considered smoking, except for medical-use products.
Apr.17 by 2FIRSTS.ai
KT&G Launches Two New lil AIBLE Dedicated Sticks as Aim Portfolio Expands to 13
KT&G Launches Two New lil AIBLE Dedicated Sticks as Aim Portfolio Expands to 13
KT&G said on April 20 that it has launched two new “AIIM” sticks for its lil AIBLE heated tobacco device at convenience stores nationwide in South Korea. The new products are “AIIM CHANGE UP” and “AIIM COOL SHOT.” The company said the products were developed based on the existing lil SOLID dedicated sticks “Fiit Change Up” and “Fiit Cool Shot.” With the launch, the Aim lineup for lil AIBLE has expanded to 13 products.
Apr.20 by 2FIRSTS.ai