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 High Court Sets May 15 Ruling on NGOs’ Challenge to Vape Nicotine Poisons List Exemption
Malaysia High Court Sets May 15 Ruling on NGOs’ Challenge to Vape Nicotine Poisons List Exemption
Malaysia’s High Court has fixed May 15, 2026, to deliver its decision on a judicial review application by three NGOs challenging the government’s move to exempt vape liquids and gels from the Poisons List. The applicants argue the March 31, 2023 delisting effectively deregulated vape products and created a prolonged gap until Act 852 took effect in October 2024.
Jan.30 by 2FIRSTS.ai
Special Report | Breeze and Glas Seek White House Review as FDA Advances Flavored ENDS Guidance
Special Report | Breeze and Glas Seek White House Review as FDA Advances Flavored ENDS Guidance
Breeze Smoke and Glas, Inc. have separately requested White House review under Executive Order 12866 as the FDA advances draft guidance on flavored ENDS (RIN 0910-ZC78). The guidance aims to clarify evidentiary standards under the statutory “appropriate for the protection of public health” (APPH) framework. The parallel filings highlight industry concern over regulatory predictability, particularly as Glas’s PMTA review status has recently drawn market attention.
Special Report
Mar.03
Arizona Moves to Tighten Vape Supply-Chain Enforcement, Targeting Illicit Products
Arizona Moves to Tighten Vape Supply-Chain Enforcement, Targeting Illicit Products
Arizona state Sen. Shawnna Bolick introduced SB 1397 to curb illicit vapes by tracing product origins, intercepting illegal shipments, and cracking down on retailers that violate state law. The proposal would require manufacturers to hold a state license to sell in Arizona, with fines up to $10,000 for unlicensed sales.
Jan.30 by 2FIRSTS.ai
Haypp confirms exit from UK vape category as it shifts focus to oral nicotine
Haypp confirms exit from UK vape category as it shifts focus to oral nicotine
Haypp, an online retailer of alternative nicotine products, has confirmed it is exiting the UK vape category as it shifts focus to the oral nicotine market. The company said analysis of its sales data showed increasing adoption of nicotine pouches across its six international markets: the UK, the USA, Germany, Norway, Switzerland and Sweden.
Mar.04 by 2FIRSTS.ai
Puerto Rico House Files P.C. 1070 to Ban Flavored Vaping Product Sales to Under-21s
Puerto Rico House Files P.C. 1070 to Ban Flavored Vaping Product Sales to Under-21s
According to a statement from the Puerto Rico House of Representatives, House Speaker Carlos Méndez and Rep. Pedro Julio Santiago announced the filing of House Bill 1070 (P.C. 1070), which would prohibit sales to people under 21 of vaping devices, liquids, or cartridges featuring a flavor and/or aroma other than nicotine.
Jan.29 by 2FIRSTS.ai
Multi-agency crackdown targets vape and convenience stores across Wirral, seizing illegal cigarettes and non-compliant pods
Multi-agency crackdown targets vape and convenience stores across Wirral, seizing illegal cigarettes and non-compliant pods
A multi-agency, intelligence-led enforcement operation took place on January 27, 2026, targeting vape and convenience stores across Wirral, including West Kirby, to disrupt the supply of illegal tobacco and vaping products. Six premises were inspected, with approximately 10,500 illegal cigarettes seized along with vape pods that were not in original packaging or did not meet UK regulatory requirements.
Feb.05 by 2FIRSTS.ai