John,

We want to share some terrific news: After months of work by the Tobacco-Free Kids team and our partners, Congress has given the FDA authority to regulate products made with synthetic nicotine as tobacco products. President Biden just signed the bill into law. This closes a glaring loophole in federal law that e-cigarette companies have exploited to escape regulation and continue selling flavored e-cigarettes that attract and addict kids.

Here's what you need to know

Since 2009, the FDA has had the authority to regulate tobacco products, defined as products made or derived from tobacco. To evade FDA regulation, a growing number of e-cigarette manufacturers have switched to using synthetic nicotine – nicotine that is made in a lab rather than derived from tobacco – and are marketing these products with the same kid-friendly flavors that fueled the youth e-cigarette epidemic in the first place. This includes Puff Bar, which is now the most popular e-cigarette brand among kids and comes in flavors like Banana Ice and Cool Mint.

This devious move posed a serious threat to the FDA’s authority to protect kids and public health from e-cigarettes and other tobacco products. Whether derived from tobacco or made in a lab, nicotine is addictive and harmful to kids’ health.

Fortunately, we got Congress to take action. A legislative provision closing the loophole was included in the federal government funding bill passed by the House and Senate.

What happens now

Under the new law, manufacturers of synthetic nicotine products must apply to the FDA and demonstrate a public health benefit in order to keep a product on the market. Any product not authorized by the FDA within 120 days becomes illegal and should be removed from the market.

We will keep the pressure on the FDA to enforce the law and especially to clear the market of all flavored e-cigarettes.

The FDA now has authority over all e-cigarettes – whether they’re made with regular nicotine or synthetic nicotine – so it has no excuse for failing to eliminate all flavored e-cigarettes. Every day these flavored products remain on the market, our kids remain at risk.

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We'll keep you updated on opportunities to take action.

Thanks for standing with us,