Flavoring e-cigarette manufacturers continue to sell E-liquid formulated with synthetic nicotine
Some small and medium-sized flavoring e-cigarette manufacturers plan to continue to sell and reconstitute their E-liquid with Synthetic Nicotine. Synthetic Nicotine is a legal gray area, but it may provide a way to continue selling until the FDA, Congress or state and local legislators solve the problem. Some manufacturers started using Synthetic Nicotine even before last year’s PMTA deadline.
Many small companies that have received the flavoring product MDO still have pending tobacco and mint flavor E-liquid applications. Although most adult e-cigarette users who quit smoking do prefer fruit and other sweet e-cigarettes, many people may be able to make a living selling tobacco flavors without other legal options.
Nevertheless, before the Synthetic Nicotine law enters the market, tobacco flavor PMTA needs extensive (expensive) testing. E-liquid companies may carefully spend their savings on products that may not provide enough variety to maintain their business model. E-cigarette stores are unlikely to survive selling a small number of products, especially if they all have the same flavor characteristics.
The bottom line of FDA’s inaction today is the complete uncertainty of the e-cigarette industry. In the next few days and weeks, small manufacturers and e-cigarette shopkeepers may file lawsuits and civil disobedience. But today, the small e-cigarette industry and its customers are shrouded in a fog of uncertainty and anxiety
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