SYNTHETIC AND TOBACCO-FREE NICOTINE PRODUCTS
| 1. WHEREAS, | Congress granted the FDA jurisdiction over synthetic* and tobacco-free nicotine** products used in electronic delivery systems, oral pouches and other preparations, but the FDA has yet to take any meaningful action, including establishing and enforcing regulations, allowing our youth continued access to these harmful products; and, |
| 2. WHEREAS, | The chemicals used to synthesize synthetic and tobacco-free nicotine, along with the safety of their use in manufacturing, are frequently unknown and often unregulated; and, |
| 3. WHEREAS, | The safety and potential adverse health impacts of the use of commercially available synthetic and other tobacco-free nicotine products on youth are unknown; and, |
| 4. WHEREAS, | Youth consumers of synthetic and other tobacco-free nicotine products believe these products to be less addictive and are unaware of their nicotine concentration, leading to increased addiction rates; and, |
| 5. WHEREAS, | Synthetic and tobacco-free nicotine products are sold in marketplaces that do not allow tobacco products to be sold, allowing youth access; now therefore be it. |
| 6. WHEREAS, | That California State PTA and its units, councils and districts seek and support laws, regulations, policies and/or other national, state and local measures to prevent the use of synthetic and tobacco-free nicotine by youth, for use in electronic nicotine delivery systems (ENDS), electronic non-nicotine delivery systems (ENNDS), oral pouches, gum and any other preparations on school grounds, in public places and in other youth-frequented areas; and be it further, |
| 1. RESOLVED, | That California State PTA and its units, councils and districts seek and support laws, regulations, policies and/or other national, state and local measures to protect the public and especially youth by prohibiting the sale and distribution of synthetic and tobacco-free nicotine products, including the components, accessories, flavor enhancers and all nicotine delivery systems, whether flavored or unflavored; and be it further, |
| 2. RESOLVED, | That California State PTA and its units, councils and districts seek and support laws, regulations, policies and/or other national, state and local measures that provide safety information on the use of the chemicals used to manufacture synthetic and tobacco-free nicotine by demanding regulatory review and oversight; and be it further, |
| 3. RESOLVED, | That California State PTA and its units, councils and districts seek and support laws, regulations, policies and/or other national, state and local measures to protect the public and especially youth against the adverse health impacts of commercially available synthetic and tobacco-free nicotine products by demanding safety warnings and clear descriptions of the chemicals used in manufacturing; and be it further, |
| 4. RESOLVED, | That California State PTA and its units, councils and districts seek and support laws, regulations, policies and/or other national, state and local measures for the inclusion of nicotine concentrations on the labeling of synthetic and tobacco-free nicotine products; and be it further, |
| 5. RESOLVED, | That California State PTA and its units, councils and districts seek and support laws, regulations, policies and/or other national, state and local measures that demand the removal of any marketing claims suggesting that these products are safe and non-addictive for youth; and be it further, |
| 6. RESOLVED, | That California State PTA and its units, councils and districts seek and support laws, regulations, policies and/or other national, state and local measures that demand the removal of any marketing claims suggesting that these products are safe and non-addictive for youth; and be it further, |
| 7. RESOLVED, | That California State PTA and its units, councils and districts seek and support laws, regulations, policies and/or other national, state and local measures to protect the public and especially youth by closing regulatory loopholes that allow the sale of synthetic and non-tobacco-derived nicotine products in marketplaces where the sale of tobacco is currently not allowed. |
BACKGROUND SUMMARY
Synthetic and non-tobacco-derived nicotine products exist due to regulatory loopholes exploited by tobacco companies; existing regulations and legislation do not adequately address the manufacturing, marketing, labeling and the safety of using these products that are easily accessible to our youth.
- 2003 California Cigarette & Tobacco Products Licensing Act defined “a product containing, made, or derived from tobacco or nicotine (regardless of source) that is intended for human consumption” a tobacco product.
- 2009 Federal legislation gave the FDA the power to regulate tobacco products, but not newly emerging tobacco products.
- 2021 FDA regulatory ban on flavored nicotine and products ordered to be taken off of the market.
- 2021 tobacco companies rapidly relaunched products as “synthetic’ and ‘tobacco-free formulations’.
- 2022, Congress enacted law that clarified that synthetic nicotine products must be regulated by the FDA’s Center for Tobacco Products in the same way that tobacco-derived nicotine products are regulated.
Tobacco policy continues to lag behind the tobacco industry evolution, allowing products to be sold and consumed by our youth for years while regulations are established, refined and enforced.2
The makeup of synthetic and any other tobacco-free nicotine products is largely unknown, with limited manufacturing regulations and testing to know the contents of these products. Synthetic nicotine has a much higher production cost, leading to mixtures with limited information concerning carcinogenicity, toxicity and adverse health effects in humans. These products often contain chemicals listed on the US FDA’s list of harmful and potentially carcinogenic constituents, including essential oils, melatonin, caffeine, herbs, herbal supplements, vitamins, flavoring chemicals, solvents, aldehydes, VOCs, propylene glycol, vegetable glycerin, silicate particles and other heavy metals that are dangerous when ingested/inhaled.
The manufacturers of these products use marketing specifically targeted to youth, suggesting that these products are safe, healthy, non-addictive and do not contain nicotine, leading to a rapid, ongoing increase in youth use and addiction. An estimated 42% of youth cannot correctly identify the source of nicotine, interpret ‘tobacco-free nicotine” or understand nicotine concentration language. Sales occur via e-commerce and in storefronts not allowed to sell nicotine-based products, with no age restrictions.
ENDORSEMENTS
- Adam Middle School PTSA Executive Board
- Seaside Elementary PTA Executive Board
- La Ballona Elementary PTA
- Nick G. Parras Middle School PTSA
- El Segundo Council of PTAs & PTSAs
- Paramount Council of PTAs Executive Board
- Fern Ave-Greenwood PTA Executive Board
- Riley Elementary School PTA
- Santa Monica Malibu Council of PTAs
- JH Hull Middle School PTSA
- Long Beach Council PTA Executive Board
- North High PTA
- Towers Elementary PTA
- Culver City Council of PTAs
- South High PTA Executive Board