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Congress Gives FDA Authority to Regulate Synthetic Nicotine as a Tobacco Product
As part of the omnibus spending package, Congress included a legislative provision that gives the Food and Drug Administration explicit authority to regulate e-cigarettes that use synthetic nicotine as a tobacco product. Several e-cigarette makers, including Puffbar, the most popular e-cigarette product among youth, tried to evade FDA regulation of their products by switching to synthetic nicotine instead of nicotine derived from tobacco leaf.  The provision in the omnibus spending bill effectively closes the loophole and grants FDA full authority to regulate all e-cigarette products on the market.

The ATS is relieved to see Congress finally taking action on synthetic nicotine,” says Michelle Eakin PhD, Chair of the ATS Tobacco Action Commitee. “Tobacco companies have a long history of exploiting regulatory loopholes such as this to keep their products on the market and maintain profit despite harms to public health.”

Last Reviewed: March 2022