Legislation Introduced to Regulate Synthetic Nicotine

There are potential new regulations on the way to address the growing use and popularity of synthetic nicotine. On Dec. 15, 2021, U.S. Representative Mike Sherrill (D-NJ, 11th District) introduced the Clarifying Authority Over Nicotine Act of 2021. This is a bi-partisan bill designed to give the U.S. Food and Drug Administration (FDA) the power and authority to regulate synthetic nicotine in the same way it regulates nicotine derived from tobacco.

This legislation is aimed at closing the loophole that some Electronic Nicotine Delivery System (ENDS) manufacturers have used to circumvent regulations set forth by the FDA’s Center for Tobacco Products. The bill clarifies that the FDA has the authority to regulate synthetic nicotine as it does tobacco-derived nicotine, effectively preventing many products that have been subject to Marketing Denial Orders (MDOs) from remaining on the market within the U.S.

In a press release, Rep. Sherrill stated: “In a continuation of their long history of shady practices that target young people and underserved communities across the country, vaping manufacturers have reportedly been switching to synthetic nicotine in a direct attempt to circumvent the FDA’s regulatory process for tobacco products. This bill will ensure all tobacco products, including products made with synthetic nicotine, are regulated by the FDA in order to protect kids in our communities and those who may seek to use these products.”