The upcoming Congressional omnibus budget bill, set to be voted on later this week, will introduce a measure giving the US Food and Drug Administration authority to regulate synthetic nicotine products as tobacco products.

On December 15th, New Jersey Congresswoman Mikie Sherrill introduced the Clarifying Authority Over Nicotine Act of 2021, a bipartisan bill that grants the U.S. Food and Drug Administration (FDA) the authority to regulate synthetic nicotine products, in the same way it regulates nicotine products made or derived from tobacco. The new legislation was enacted on March 15th, and took effect on April 14th.

In a press release, Rep. Sherrill said that the bill aims to protect minors. “This bill will ensure all tobacco products, including products made with synthetic nicotine, are regulated by the FDA in order to protect kids in our communities and those who may seek to use these products.”

As it stands, the Federal Food, Drug, and Cosmetic Act (FDCA) defines a “tobacco product” as “any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product.” However, besides regulating synthetic nicotine as a “component” of a tobacco product, the FDA could also regulate it as a “drug”.

Discussing the measure, director of the global advocacy group for harm reduction, World Vapers’ Alliance (WVA) Michael Landl, explained how this regulation will harm current smokers and vapers alike.

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