Government Funding Package Includes Provision Long Championed by Pallone to Clarify FDA’s Authority to Regulate Synthetic Nicotine Products
Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) released the following statement today hailing inclusion of a provision in the omnibus he has long championed that clarifies the Food and Drug Administration’s (FDA) authority to regulate synthetic nicotine products:
“Over the last few years, FDA has taken important steps to crack down on the flavored vaping products that fueled the dramatic rise in tobacco use among kids and teens. Unfortunately, some bad actors have attempted to avoid FDA regulation by pivoting to using synthetic nicotine in their products. That ends with passage of this bill, which will close this loophole and clarify FDA’s authority to regulate all tobacco products, including those containing synthetic nicotine.
“This is an enormous win for public health and American consumers. I’m grateful to members on both sides of the aisle for working with me to close this loophole in the omnibus. This provision will help ensure that decades of progress to address youth tobacco usage will not be undermined by bad actors attempting to evade FDA regulation and hook a new generation of young people into a lifetime of nicotine addiction.”
Subtitle B of the omnibus clarifies that FDA has authority to regulate synthetic nicotine products by amending the definition of “tobacco product” in the Federal Food, Drug, and Cosmetic Act. It provides FDA with authority over tobacco products containing nicotine from any source, including such products containing nicotine that is not made or derived from tobacco. The provision takes effect 30 days after the date of enactment and provides a transition period for certain tobacco products that contain nicotine from any source other than tobacco that are marketed in the United States within 30 days after the date of enactment. The bill also requires FDA to prepare and submit an annual report to Congress for fiscal year 2022 and each subsequent fiscal year with information on its tobacco regulation activities.
Pallone has long been a champion of protecting youth from the harms of tobacco usage. As Chairman, Pallone has led Committee efforts to address the youth vaping crisis, including: launching an inquiry in August 2019 on the impact of e-cigarettes on adolescents; holding a hearing in February 2020 on e-cigarette manufacturers’ impact on public health; and authoring legislation to address the youth tobacco epidemic, including language clarifying FDA’s authority over synthetic nicotine, which passed the House in February 2020.
Original source can be found here.
