Washington, D.C. (November 8, 2021)—Today, Rep. Raja Krishnamoorthi, Chair of the Subcommittee on Economic and Consumer Policy, sent letters to two companies that manufacture or sell synthetic nicotine products, requesting information about the companies and their sale of these products, which are unregulated by the Food and Drug Administration (FDA).  The Chairman sent a letter to Next Generation Labs LLC, which claims to be “the market leader” in the production and sale of synthetic nicotine.  He also sent a letter to Puff Bar, the top children’s e-cigarette brand, which claims to have reformulated its products with synthetic nicotine after it was found to be in violation of Food and Drug Administration (FDA) law.

Next Generation Labs claims its unregulated synthetic nicotine is used in more than 60 vape brands and nicotine products and projects a 1,800% growth in sales this year over 2020.  This growth coincides with FDA’s removal of millions of flavored e-cigarette and e-liquid products from the market.

“In response, some e-cigarette and e-liquid manufacturers, banned from legally selling their products, reportedly plan to switch to synthetic nicotine in an effort to avoid FDA regulation,” the Chairman wrote in his letter to Next Generation Labs.  “Next Generation Labs appears to support this approach, with its co-founder, Ron Tully, offering the following thoughts on the FDA laws and regulations governing nicotine:  ‘If the statute has been ill-conceived, and the regulation has been ill-drafted, it is not the responsibility of the industry to conform to some kind of idea that you can’t innovate in those spaces where the legislation doesn’t occur.’”

Puff Bar was pulled from the market last year after Chairman Krishnamoorthi succeeded in convincing FDA to issue Puff Bar a warning letter in 2020 declaring Puff Bar’s products to be on the market illegally.  After that, Puff Bar claims it reformulated its disposable e-cigarettes with synthetic nicotine in order to “keep the brand going,” while avoiding regulation.

“You have apparently made the vile decision to continue enriching yourselves by poisoning children,” Chairman Krishnamoorthi wrote in his letter to Puff Bar.  “Puff Bar’s meteoric rise in popularity among kids resulted in $156 million in sales in 2020 alone.  Puff Bar should not be allowed to continue harming children due to FDA’s failure to regulate synthetic nicotine, and I intend to put an end to your predatory practices.

In his letter to Next Generation Labs, Chairman Krishnamoorthi requested information regarding the company’s sales and new business.  In his letter to Puff Bar, Chairman Krishnamoorthi requested information regarding the company’s ownership and operations as well as support for the company’s assertion that it is using synthetic nicotine, and requested the company’s co-chief executive officers appear for transcribed interviews.

Click here to read the letter to Next Generation Labs LLC.

Click here to read the letter to Puff Bar. 

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