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New legislation enacted on March 15External Link Disclaimer makes clear that FDA can regulate tobacco products containing nicotine from any source. This law takes effect April 14, 2022.

As of April 14, 2022, manufacturers, distributors, importers and retailers of tobacco products containing non-tobacco nicotine (NTN)—that is, nicotine not made or derived from tobacco, such as synthetic nicotine—must ensure compliance with applicable requirements under the Federal Food, Drug, and Cosmetic Act (FD&C Act) resulting from this law, such as:

Not selling these products to persons under 21 years of age (both in-person and online); [...]