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Zero Nicotine E-Liquid Is Still Tobacco, According to the FDA

What Did I Just Read?

Earlier this week the FDA responded to several of the lawsuits that were filed against them. One question that e-liquid manufacturers are scrambling to figure out is if nicotine-free e-liquid is still considered tobacco. Nicopure, LLC argues in their lawsuit that subjecting 0mg e-liquid to be considered a tobacco would be completely unfair, illogical and illegal. The FDA's response was"e-liquids marketed as 'nicotine-free' may properly be considered tobacco products—or components or parts thereof—under certain circumstances."

What Are The Circumstances?

The FDA is saying that they've found E-liquids claiming to be nicotine free that actually contain high levels of nicotine. If thats true, I'd sure love to meet the manufacturer responsible for dropping the ball there. The FDA also stated that "Others [e-liquids] are tobacco flavored, and are thus 'made or derived from tobacco' regardless of their nicotine content." Huh? Ok I think I get it now.

If I Only Make E-Liquid That Has No Nicotine and No Flavors Derived From Tobacco I'm Good Right? 

Wrong! The FDA covered all the bases in the deeming regs by not requiring the presence of nicotine or a derivative of tobacco in e-liquid to be labeled as a "tobacco product". In other words, if Banzai Vapors, wants to sell you an banana we would still have to file for PMTA's spending upwards of $2 million dollars only to receive our application back labeling said banana as a tobacco product. It's vague blanket statements like this that are going to tear this entire industry to the ground. The deeming regs are full of muddy rules and unclear guidelines built on bad science. The only clarity we can gather from all of this is that public health is taking a back seat to loose policies.

We would love to hear how this affects you. Are you a 0mg vaper or someone who works in the vape industry? Drop us a line below and tell us your thoughts.



  • Jcdew67

    Since vegetables contain some nicotine shouldn’t they require 18+ to buy and consume? The only reason they say it is a tobacco product is because it mimics smoking. In that case

  • Sandy

    I vape 0 nic. And I still have to stand with all the smokers to vape on my breaks. I worked hard the past 3 years to quit smoking and the fda is putting us right in the mix with smokers, probably hoping we pick cigarettes up again. It’s all about money.

  • Stuart Griswald

    The FDA has saddled us with a poorly constructed document of regulations. Regulations contrived by people with a vested interest in gutting an industry and a technology that saves lives.

    The root reason Big Pharma, Big Tobacco, Big Charity, and the State and Federal governments are united in their goal to destroy the free use of these life saving technologies is simple… MONEY.

    They all have one thing in common… they are dependent on SMOKERS to provide the MONEY that they have continually fleeced from SMOKERS pockets.

    SMOKERS have been paying for roads and bridges and schools. They pay for pharmaceutical executives to live in luxury. SMOKERS pay for the college tuition for the kids of tobacco executives. Smokers have been paying for the CEO of the American Cancer Society to have a salary in excess of 2 million dollars a year. SMOKERS pay with their dollars, they pay with their health, and they ultimately pay with their lives.

  • tony


  • Brian

    From what I understand, even mods are considered a tobacco item. No atomizer, no batteries, just the mod. I’d that’s the case, then they have got to do the same thing with dvd players, computers, toasters, and microwaves. I’ve watched videos of these morons in government thinking they know what’s good for us when they don’t even know the scientifically proven facts. I firmly believe that people that don’t vape certainly those that don’t smoke, don’t care because it doesn’t affect them. Well, that’s how tyranny starts. First by taking little things you don’t care about, and work your way up. Then, when the public cries of about it, you can we took this and that away, and you didn’t care. Now, we took this away, suddenly you care. It’s too little too late.

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