Rep. Sherrill Introduces Clarifying Authority Over Nicotine Act

Washington, DC –– Today, Representative Mikie Sherrill (NJ-11) announced the introduction of the Clarifying Authority Over Nicotine Act of 2021. This bipartisan legislation closes a loophole allowing bad actors in the vaping industry to evade Food and Drug Administration (FDA) regulations and sell nicotine products targeted at children, including in communities across NJ-11.

Currently, only nicotine products that are made or derived from tobacco are regulated by the FDA’s Center for Tobacco Products. The bill clarifies the FDA’s authority to ensure that products that contain synthetic nicotine can also be regulated, allowing the agency to implement this authority using the existing rules in place.

“In a continuation of their long history of shady practices that target young people and underserved communities across the country, vaping manufacturers have reportedly been switching to synthetic nicotine in a direct attempt to circumvent the FDA’s regulatory process for tobacco products,” said Rep. Sherrill. “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.”

Vaping companies have found a way to circumvent regulations in order to hook youth through fruit flavors, misleading marketing, low prices, and “discreet” designs. The loophole allowing manufacturers’ use of synthetic nicotine has undermined efforts to reduce the continued popularity of youth vaping. The 2018 National Youth Tobacco Survey revealed that e-cigarette use nearly doubled among New Jersey high school students from 11.7% to 20.8%.

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