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.

 

 

Serbian Parliament Passes Trade Laws Banning Sales of E-Cigarettes and Nicotine Products to Minors
Serbian Parliament Passes Trade Laws Banning Sales of E-Cigarettes and Nicotine Products to Minors
Serbia’s parliament has adopted a package of trade laws aimed at increasing consumer protection while introducing a range of changes for merchants and online platforms. One of the most important new measures is a ban on the sale of e-cigarettes and other nicotine products to minors, tightening youth protection rules.
Apr.24 by 2FIRSTS.ai
Azerbaijan Amends Administrative Offenses Code to Penalize E-Cigarette Violations
Azerbaijan Amends Administrative Offenses Code to Penalize E-Cigarette Violations
Azerbaijan has established fines for the import, export, production and sale of e-cigarettes. Under amendments to the Administrative Offenses Code approved by President Ilham Aliyev, using e-cigarettes in places prohibited by the law “On the Restriction of Tobacco Product Use,” including streets and other public areas, will result in a fine of 30 manat.
Mar.16 by 2FIRSTS.ai
European Commission Publishes Tobacco Control Framework Evaluation, Says Smoking and Tobacco-Related Deaths Have Declined
European Commission Publishes Tobacco Control Framework Evaluation, Says Smoking and Tobacco-Related Deaths Have Declined
The European Commission has published its evaluation of the EU tobacco control framework, assessing the effectiveness, efficiency and relevance of the Tobacco Products Directive and Tobacco Advertising Directive in protecting public health and ensuring the smooth functioning of the internal market.
Apr.03 by 2FIRSTS.ai
FDA and NIH Release New Wave 8 Restricted-Use PATH Study Data Files
FDA and NIH Release New Wave 8 Restricted-Use PATH Study Data Files
FDA’s Center for Tobacco Products and NIH’s National Institute on Drug Abuse announced that new Wave 8 restricted-use data files from the PATH Study are now available. The files contain data collected between January 2024 and December 2024, including questionnaire data, location characteristics data, and state identifier data.
Apr.17 by 2FIRSTS.ai
New Zealand Vape Company Alt Becomes Government Partner After Suing Over Nicotine Limits
New Zealand Vape Company Alt Becomes Government Partner After Suing Over Nicotine Limits
Health NZ signed a NZD 500,000 contract with New Zealand-owned vape company Alt NZ Limited in December 2025 for its free vape kit programme for smokers, with more than 7,000 kits distributed so far.
Mar.23 by 2FIRSTS.ai
FDA Defines Enforcement Focus for Unauthorized E-Cigarettes and Nicotine Pouches
FDA Defines Enforcement Focus for Unauthorized E-Cigarettes and Nicotine Pouches
The U.S. Food and Drug Administration issued guidance on May 8, 2026, titled “Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization.” The document describes FDA enforcement policies for certain electronic nicotine delivery system products and nicotine pouch products marketed without premarket authorization.
May.09 by 2FIRSTS.ai