The eJuices.co team has kept an eye on synthetic nicotine for over six months now, and vape manufacturers have taken notice as well, choosing to use synthetic nicotine for various vape juices. Like with all innovations in the vaping industry, they have been met with challenges from anti-tobacco groups like the Campaign for Tobacco-Free Kids, as well as regulators such as the FDA and Center for Tobacco Products (CTP).
Synthetic nicotine has become a sticking point for anti-tobacco advocates despite being a (relative) blessing for the vaping industry. Why is synthetic nicotine now the focus of regulators and anti-tobacco groups? Find out in the latest State of Vape.
The Workaround: How Synthetic Nicotine Became Popular
The Tobacco Control Act defines tobacco products as anything made or derived from the tobacco plant. The nicotine in these plants is known as freebase nicotine. The majority of vaping products contain freebase nicotine, although many are starting to switch over to synthetic nicotine as it is not made or derived from the tobacco plant, thus bypassing the Tobacco Control Act and the authority of the FDA and CTP.
Vaping360’s Jim McDonald reports that all previous attempts to regulate traditional, tobacco-derived nicotine have been rejected by federal courts. While the vaping industry came within a writ of certiorari away from reaching the Supreme Court recently, the regulation of nicotine itself was halted in the 1990s for traditional tobacco products such as cigarettes, and in 2009 once again for e-cigarettes. The first court loss led to the 2009 Tobacco Control Act, while the second loss led to the Deeming Rule. The Tobacco Control Act and the Deeming Rule helped establish the CTP’s authority over vaping products and other alternative nicotine products.
Why Synthetic Nicotine Could Be Regulated
The CTP has admitted to evaluating synthetic nicotine on a case-by-case basis. The silver linings are things we have discussed in previous editions of the State of Vape: the COVID-19 pandemic is taking precedence, and the fact that there is still no permanent FDA commissioner. However, legal experts have reported that the hammer could come down more easily than one might think when it comes to government bureaucracy. “They can come out tomorrow and say these nicotine products are unauthorized drugs,” reported one legal expert familiar with the situation.
Any solution that may come across from PMTA may be a short-term one, and therefore vaping products could have yet another stay of execution, which would be just another one of many that the vaping industry has had in the last decade. Synthetic nicotine is already banned in the state of Alabama, and more states could follow their lead. In fact, legislators could simply amend the Tobacco Control Act to change the definition of tobacco products to include synthetic nicotine and even include all nicotine products.
What This Means For Your Business
It looks unlikely that all vaping products would be pulled from the shelves in the next few months given the history of federal courts striking down nicotine regulation. The eJuices.co team remains optimistic about the future of the vaping industry given the resilience of our adult customer base. This is further aided by evidence that vaping is not linked to COVID-19 and other studies being done about vaping as a form of harm reduction.
Of course, we will keep you updated on the situation, but we still encourage you to inform your customers of the latest in the vaping industry. If you have any questions or concerns, you can always contact your eJuices.co account manager or sales representative. We’re looking forward to speaking with you and helping your business succeed.