HOW DOES TOBACCO FREE NICOTINE FIT IN WITH CURRENT REGULATIONS?
Synthetic nicotine, or tobacco free nicotine (TFN) doesn’t quite fit in with current regulations. Tobacco products are either derived from the tobacco plant or meant to be used with a substance derived from the tobacco plant. Since TFN vape is not a tobacco product, it is not affected by regulations that specifically concern tobacco products.
HOW DOES TOBACCO FREE NICOTINE WORK UNDER THE PMTA?
The PMTA is required for tobacco products. Since the FDA has announced that synthetic nicotine is not a tobacco product, TFN vapes will likely stay on the market until the FDA decides on how they will regulate them.
HOW IS THE FDA GOING TO REGULATE SYNTHETIC NICOTINE?
Officially, the FDA has not released a statement on any plans to regulate synthetic nicotine. The FDA has only stated they are aware that tobacco free nicotine vapes exist, and that TFN eliquids are not tobacco products.
There are groups calling for the regulation of synthetic nicotine as a drug, or for the definition of tobacco products to be expanded to include tobacco free nicotine. Both paths are full of legal complexities that will take time to sort out and implement.
Until the FDA announces a course of action, tobacco free nicotine vapes are likely to stay on the market.