FDA Vape Ban Update 2022: What You Need to Know About the Synthetic Nicotine Ban

The FDA is cleared to regulate vape products that contain nicotine from any source as of April 14th, 2022. This includes non-tobacco cigarettes and other non-tobacco products with nicotine content.

But what are these other non-tobacco products with nicotine content and how are they regulated in the U.S.? We’re sure you already know a lot about it but here’s an update on what these are and how the ban on synthetic nic is going.

What Is Non-Tobacco Nicotine?

Non-tobacco nicotine (NTN), also known as tobacco-free nicotine (TFN) or synthetic nicotine, is a type of nicotine that is not extracted from the tobacco leaf. Up until a few years ago, the nicotine used in cigarettes and vape products was extracted from tobacco, but changes in nicotine regulations and vape laws prompted researchers to find an alternative.

While TFN does pose several noticeable advantages and differences that vapers might find appealing, these are not the main reasons why TFN vapes have become widely consumed. Some of the advantages that vapers may find with TFN are a smoother throat sensation and better-tasting puffs, however, the main reason why TFN is a thing is that it allows vape shops and vape brands to market their products without dealing with as much regulatory hassle.

Not to say that TFN is not safe. In fact, some sources claim that because it doesn’t come from tobacco, TFN might be less risky to consume because it will not contain tobacco residue and is less likely to contain solvent residue as well. Nevertheless, it’s still nicotine, which means that consumers need to be and should be over the age of 21 to consume it.

How Is TFN Made

Tobacco-derived nicotine is made by putting tobacco leaves in contact with a solvent that extracts the component which is later used to infuse the vape juice of choice.

On the other hand:

TFN is made in a lab where scientists ‘built’ nicotine molecules from ‘scratch’. TFN has no smell or taste, making it an ideal option to use on vape juices-products that should stand out for their flavor.

An Update On the TFN Ban

Manufacturers, distributors, importers, and retailers of nicotine products such as your vape shop must ensure compliance with the following requirements:

• Not selling to persons under 21 years of age
• Not marketing products without official FDA authorization
• Not distributing free samples

Owners and operators of companies that work with TFN products must also register and list all nicotine products they manufacture or process for commercial distribution before doing so by registering domestic tobacco product establishments regardless of where the nicotine in the product is sourced from.

Like any other nicotine vape business, brands are required to submit premarket applications and obtain FDA approval. As a vape shop owner, it is incredibly important that you know the current status of PMTAs for brands and products your business distributes.

According to the FDA, the market has faced a growing number of brands that are popular with underage nicotine consumers, and according to sources, this is linked to synthetic nicotine sales. How accurate these claims are is difficult to confirm. This is why the new nicotine law came into effect on April 14th, 2022, and the reason why you should be extra careful.

At that moment, the FDA issued 107 warning letters to retailers that were selling TFN products to underage clients, which is an even greater issue and raised the alarms of regulating agencies.

After July 13th, 2022, all products (TFN and tobacco-derived) that did not receive PMTA approvals and are still being sold would be considered illegally marketed. Companies that do not comply with FDA requirements will face enforcement actions such as civil money penalties, no-tobacco sale orders, seizures, and injunctions, while unauthorized importation of TFN products will result in detention or refusal of admission into the country.

At VapeRanger, we make it easy for you to avoid these risks. We do the importation of products, we deal with vape brands, and we let you know whether or not we can sell you products or not in your state.

Vape laws in 2022 can be confusing and definitely do change quickly. So we strongly encourage you to further consult with a law professional before making any strategic decisions regarding products for your vape store.