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.

 

 

2Firsts Outlines 2026 Global Product Trends in the New Tobacco Industry
2Firsts Outlines 2026 Global Product Trends in the New Tobacco Industry
As regulation tightens and innovation matures, competition in the new tobacco industry is shifting. In its 2026 Global Product Trends in the New Tobacco Industry report, 2Firsts examines how heated tobacco, nicotine pouches, and vape products are moving beyond feature-driven upgrades toward system-level design, where experience management, compliance structure, and engineering capability increasingly shape long-term competition.
Jan.13 by 2Firsts Perspectives
Focus on Regulation and Taxation: EVO NXT 2026 Provides Strategic Guidance for Decision-Makers
Focus on Regulation and Taxation: EVO NXT 2026 Provides Strategic Guidance for Decision-Makers
The NGP industry faces rising innovation pressure, growing consumer demand and intensifying regulatory dynamics. Sustainable growth now depends on reliable market intelligence, strong partnerships and structured dialogue with policymakers and stakeholders. On 17–18 April 2026 in Prague, EVO NXT will convene manufacturers, retailers, distributors and industry experts for strategic exchange, with this year’s conference placing regulation and taxation firmly at the center of discussion.
Mar.02
France’s HAS to Address Role of E-Cigarettes in Updated Smoking-Cessation Guidelines, Tells 2Firsts
France’s HAS to Address Role of E-Cigarettes in Updated Smoking-Cessation Guidelines, Tells 2Firsts
2Firsts has learned that France’s national health authority, the Haute Autorité de Santé (HAS), confirmed the role of e-cigarettes will be addressed in updated national smoking-cessation guidelines expected by the end of 2026. HAS said the recommendations will focus on clinical and public-health considerations, will not set technical standards for vaping products, and that current studies are insufficient to clearly assess risks and benefits across different product categories.
Mar.10
UK Barnsley: Town-centre vape shop and owner hit with £15,000+ bill after ignoring three improvement notices
UK Barnsley: Town-centre vape shop and owner hit with £15,000+ bill after ignoring three improvement notices
A Barnsley town-centre vape retailer and its owner have been ordered to pay more than £15,000 after admitting multiple offences linked to the continued sale of illegal single-use vapes and non-compliant food items, despite three formal improvement notices.
Feb.06 by 2FIRSTS.ai
Special Report | Belarus Rejects Vape Ban, Opts for Tighter Market Controls
Special Report | Belarus Rejects Vape Ban, Opts for Tighter Market Controls
After weeks of debate over a potential blanket prohibition, Belarus has decided against banning electronic cigarettes, choosing instead to tighten control over wholesale, imports and licensing. President Alexander Lukashenko warned that an outright ban could drive the market underground and undermine state revenues, as officials move to curb widespread illicit trade while keeping retail sales largely intact.
Mar.04
KDCA youth panel: health indicators worsen with grade level; liquid e-cigarette use tops cigarettes among 11th-grade students
KDCA youth panel: health indicators worsen with grade level; liquid e-cigarette use tops cigarettes among 11th-grade students
Korea Disease Control and Prevention Agency’s Youth Health Panel Survey (2025) Final Results Report says key adolescent health indicators worsen as students move up grade levels. By 11th grade, lifetime tobacco experience rose to 9.59%. Among 11th-grade girls, current use of liquid e-cigarettes (1.54%) surpassed conventional cigarettes (1.33%) for the first time.
Feb.10 by 2FIRSTS.ai