Congress on verge of closing vaping loophole

Congress is on the verge of giving the Food and Drug Administration (FDA) the authority to regulate synthetic nicotine, which would close a loophole some lawmakers and anti-tobacco advocates said allows vaping companies to evade agency oversight and keep selling to teenagers.

A bipartisan provision in long-term government funding legislation agreed to this week would allow the FDA to regulate synthetic nicotine products, which are made in a lab and not from tobacco plants, the same way it regulates tobacco products.

The massive legislation, which is still being debated, provides FDA with authority over tobacco products containing nicotine from any source.

The FDA in recent years has stepped up enforcement of e-cigarette rules, and has removed from the market disposable vape products, refillable pods and flavored liquids. But just as the agency has cracked down, companies such as Puff Bar have exploited the loophole by selling products containing only synthetic nicotine.

“This bipartisan legislative fix will help protect our kids from highly addictive products like flavored e-cigarettes containing synthetic nicotine — which have fueled the youth vaping crisis — by ensuring there’s FDA oversight of all synthetic nicotine products,” Sen. Patty Murray (D-Wash.), the Senate Health Committee chairwoman, said in a statement.