Synthetic Nicotine: A Loophole Could be the Way Forward
As the list of marketing denial orders issued by the FDA grows, the future of vaping as we know it is uncertain. But all is not lost. While the Food and Drug Administration has been most zealous and myopic in its outlook, there might be a solution. It all boils down to semantics.
Laws, by their very nature, are written to be unambiguous. Yet, any lawyer will tell you that the devil is in the details and there is one ‘detail’ that could offer vapers, vaping vendors, and manufacturers a ‘get out of jail free card’. At least, for now. Today, we are looking at how Synthetic Nicotine could be used to circumvent the continuing issue of MDO’s and allow vendors to keep on vending.
The FDA and its Edicts: How Did We Get Here?
The road to what can only be described as prohibition has been a long and fairly convoluted one.
In 2009, the Obama administration enacted the Family Smoking Prevention and Tobacco Control Act. Without going overboard on legalese, this Act gave the FDA the authority to control and regulate tobacco products’ manufacture, distribution, and marketing. Around this time, vaping was a relatively new phenomenon. The Act was aimed primarily at cigarettes — already widely known to have severe health implications.
In May 2016, the FDA passed a rule requiring all vaping manufacturers to follow the same practices and processes that tobacco product manufacturers had to comply with when releasing new products.
These practices were commonly known as PMTA’s (Pre-Market Tobacco Applications). You’ll have heard about them a lot recently.
These processes allowed the FDA to review tobacco products and assess how safe they are before being made available for sale. The original deadline for PMTA applications, after being extended, was August 8th, 2022. That is until a collective of fundamental lobbyists, often with vested interests, sued the FDA, leading to the deadline being brought forward to September 9th, 2020.
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