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WASHINGTON — Lawmakers are within striking distance of closing the largest loophole in the Food and Drug Administration’s oversight of e-cigarette companies — a move that would likely put the biggest driver of youth vaping out of business in the process.

A draft of a government spending bill obtained by STAT includes new language that would give the FDA explicit authority to regulate so-called synthetic nicotine products, which are made in a lab rather than extracted from tobacco plants, and currently are not regulated by the FDA.


The potential change is a direct response to the recent trend of vaping companies selling synthetic nicotine products in an effort to thwart the FDA’s ongoing efforts to decide which vaping companies will be allowed to stay on the market. Several vaping companies who have been ordered in recent months by the FDA to stop selling their products have publicly turned to selling synthetic nicotine products in an effort to defy the FDA’s orders.

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