Recent statements by the Food and Drug Administration (FDA) have begun to clear up the U.S. federal agency’s position on nicotine free e-liquids and synthetic nicotine, as a new regulatory report from ECigIntelligence explains.
According to court statements made by the FDA, some devices that truly contain no nicotine (or only synthetic nicotine) may not be subject to the deeming regulations, depending on the circumstances in which they are likely to be used.
Some disposable, closed-system devices with zero-nicotine or synthetic nicotine e-liquids may also escape regulation as tobacco products if they meet certain further criteria.
However, even if products currently fall outside the scope of the deeming rule, the FDA could choose to regulate them later, the ECigIntelligence report says.