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FDA Confirms Tobacco Free Nicotine Is NOT A Tobacco Product
Tobacco Free Nicotine TFN FDA Response
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FDA Confirms Tobacco Free Nicotine Is NOT A Tobacco Product

In recent news, an article was released by Next Generation Labs on Globe Newswire sharing that the FDA has confirmed that tobacco free nicotine (TFN) is not considered a tobacco product.

not all nicotine-free eliquids are subject to the deeming rule.
The statement was taken from the FDA in the Nicopure versus FDA Lawsuit, where the FDA stated in a response brief to the Court on November 1st, 2016, that “not all nicotine-free e-liquids (NFLs) are subject to the deeming rule.”  Since the regulations were released by the FDA, many have pondered the thought if a tobacco free nicotine could swoop under the FDA’s stronghold, some casting doubt, while others were sure TFN would become the wave of the future for e-liquid products.

Nearly seven months ago we released an article titled Tobacco Free Nicotine 101, where we shared doubt that TFN would become our saving grace, but this new statement seems to shine with a glimmer of hope.  The FDA continued its statement saying “Assuming an NFL (nicotine free e-liquid) is not made or derived from tobacco, it is subject to the rule only if it meets the definition of a ‘component or part’ — that is, if it is ‘intended or reasonably expected’ either… (1) To alter or affect [a] tobacco product’s performance, composition, constituents, or characteristics; or (2) To be used with or for human consumption of a tobacco product; and is not an accessory.”

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As you can tell, the FDA’s attorneys response was very vague, in one hand confirming that tobacco free nicotine isn’t an actual tobacco product, yet on the other hand it’s saying if it’s used for human consumption with a tobacco product, then it falls under the deeming rule.  What you must understand is that this is the way the FDA has responded to everything when it comes to the Nicopure versus FDA Lawsuit.  In fact, we told you about this same vague language just four months ago in our FDA Responds To FDA Lawsuit With Mumbo Jumbo article.

However, Next Generation Labs says that “TFN Nicotine is not made or derived from tobacco, nor is it a component or part of any tobacco product; as such Next Generation Labs does not believe e-liquids made with TFN Nicotine are required to list their product as a tobacco product with the FDA, or prepare a Pre-Market Tobacco Application (PMTA) submission before launching a new vape liquid brand in the USA.”

Not only does the FDA have its hands full with the ongoing lawsuit, but it also has a battle with a tobacco free nicotine that can now potentially slide under the regulations it set in place.  On top of that, the FDA has also felt the surge of vape product manufacturers registering and listing their products, which has caused the FDA to extend the Company Registration and Product Listing deadline to June 30th, 2017.

About the author

Blake Brown

Blake is the owner and creator of the Guide To Vaping blog. He has expressed his passion for the vaping industry through his deeply rooted and highly informative content. Being a writer and content provider for the vaping industry for year's, Blake has also gained experience from working with multiple blogs and well respected companies.


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  • I’m a little confused here. Is this article about TFN Tobacco-Free Nicotine (nicotine derived from a source other than tobacco), or are we talking about NFL Nicotine-Free eLiquid (zero mg/ml ejuice)? You seem to use both TFN and NFL interchangeably.



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