How Does Synthetic Nicotine Figure into the Future of the American Vaping Industry?
At this point, you’re probably wondering what Synthetic Nicotine has to do with the PMTA process and the future of the American vaping industry. Here’s the thing about Synthetic Nicotine: The Tobacco Control Act gives the FDA the authority to regulate tobacco products. Synthetic nicotine, however, is created in laboratories and isn’t derived from tobacco. Therefore, one could make the assertion that the FDA has no authority to regulate synthetic nicotine products as tobacco products – and many e-liquid companies are doing exactly that.
Several vape juice brands began using Synthetic Nicotine around the time of the final PMTA deadline in September 2020, reasoning – correctly, it would seem – that their products wouldn’t get through the PMTA process successfully. Those companies asserted that the FDA lacked the authority to regulate tobacco-free products and therefore did not submit PMTAs for those products. Likewise, some of the companies that received marketing denial orders from the FDA have not removed their products from the market and have instead replaced the tobacco-derived nicotine in those products with Synthetic Nicotine. We applaud them wholeheartedly!
So, what’s going to happen from here? That’s anyone’s guess. You can bet that the FDA will attempt to regulate Synthetic Nicotine. As a tobacco product or as a drug, they’re sure to make more attempts. What they will never achieve, however, is making vegetable glycerin or propylene glycol, or flavorings (since flavorings are used in alcohol products, like vanilla vodka, and the feds love that.) So instead of achieving a safer vaping environment they will force Americans to make their own e-liquid. Some will be successful, others might just poison themselves. The American government does not care either way.
We’ll probably see a protracted legal battle (again). It’s also possible that Congress will amend the Tobacco Control Act to include Synthetic Nicotine. And in that case, it truly will be game over for any e-liquid company that hasn’t gone through the PMTA process successfully. Thus, the DIY black market will bloom.
So far, ALL e-liquid companies have failed the PMTA process. Why? Because the government of the United States wants to control us. They believe they know what’s best. The Feds want Americans watching TV and smoking dope (pot, grass, weed, cannabis, whatever). The Benevolent Fascist Government (BFG) has come to power. Will we fight, or just tune into Netflix and just chill? Yea, you’re probably right. Land of the Free? Since when?
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