The U.S. Food and Drug Administration (FDA) can now regulate e-cigarettes that contain synthetic nicotine, a shift that could slash the number of vaping products available in the U.S.
A spending bill, which Congress passed on March 10 and President Joe Biden is expected to sign on March 11, expanded the definition of an FDA-regulated “tobacco product” to include those that use lab-made nicotine, as well as traditional tobacco-derived nicotine. That update—while small on paper—could dramatically change the U.S. vaping industry, potentially taking market-leaders like Puff Bar, as well as products from smaller brands, off store shelves.
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Under a policy finalized in 2016, new e-cigarettes cannot be sold in the U.S. until their makers prove to the FDA that their products do more good than harm to public health. That calculation often comes down to the benefits they provide adults who want to stop smoking cigarettes versus their possible health risks and contributions to youth vaping.
E-cigarettes introduced before the FDA’s rule was enacted had to retroactively file applications by September 2020. The agency was supposed to decide which brands met its public-health standard by September 2021, but—six months later—it still has not reached decisions for big-name brands including Juul. In October, R.J. Reynolds’ Vuse Solo became the first e-cigarette to clear the FDA’s process.
The FDA has so far denied or refused to review applications for more than 5 million vaping products. Rather than taking their products off the market, some of those companies—many of which were smaller operations making e-liquids for refillable vaping devices—used synthetic nicotine as a lifeline, replacing traditional nicotine with the lab-made version to stay outside FDA regulation. Now, though, that loophole is closing, meaning many products cannot continue to be sold.
In addition to the smaller companies likely to be affected by the change, Puff Bar, a…
Source : time
