On March 10, 2022, the U.S. Senate passed a $1.5 trillion federal funding bill that included an amendment that gives the U.S. Food and Drug Administration (FDA) the authority to regulate tobacco products that contains synthetic nicotine. This new measure will not only close a loophole used by some to avoid the FDA’s regulatory purview but it will also effectively remove products from the market that already have received marketing denial orders.
Passed on a vote of 68-31, this bill funds the U.S. government through September 2022. After a bipartisan led effort to address a loophole that was being used by ENDS and vapor companies to circumvent FDA regulations by using synthetic nicotine [read more here], the spending bill included an amendment that when signed by President Biden would give the FDA the authority to regulate tobacco products that contains nicotine that is not made with or derived from tobacco. With this newly granted power, the FDA will now require products made with synthetic nicotine to go through the same market and approval process as other deemed tobacco products. At the time of publishing, the bill is on the way to President Biden who already indicated that he would sign the bill into law.