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New FDA Tobacco Director Posts Update on Enforcement of Non-Tobacco Nicotine Products

On Wednesday, Aug. 3, Brian King, Director of the U.S. Food and Drug Administration's (FDA) Center for Tobacco Products (CTP), issued an update on the agency's review and enforcement of non-tobacco nicotine products. In the update, King referenced legislation passed by Congress this Spring that clarifies the FDA’s authority to regulate tobacco products containing nicotine from any source, including synthetic nicotine. He said the agency has been working diligently to process non-tobacco nicotine product premarket applications and prepare them for the review process and are making significant progress in processing and reviewing applications. He added, “After July 13, 2022, a non-tobacco nicotine product can only be legally marketed in the United States if it has received premarket authorization from FDA. This means that it is illegal for a retailer or distributor to sell or distribute a non-tobacco nicotine product that is not subject to a marketing granted order (MGO) from FDA. Without this MGO, a product is in violation of the law and its manufacturer, retailer, or distributor may be subject to FDA enforcement.”