New FDA Proposal to Limit Nicotine in Cigarettes: Why the Vape Industry Should Be Paying Attention

FDA wants to cap nicotine in cigarettes and vape products could be next, and time is running out for you to have your voice heard. We’re here to help ensure that your business thrives in this rapidly changing regulatory landscape. Click the button below to schedule your intake meeting with our office.

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You have a chance to submit comments on the U.S. Food and Drug Administration’s (FDA) new tobacco product standard it is proposing that would regulate nicotine yield by establishing a maximum nicotine level in cigarettes and certain other combusted tobacco products. The purpose of this action is to reduce the addictiveness of these products. Although the rule is not aimed at vape products directly, it signals a broader regulatory trend that could shape how nicotine is treated across all categories of tobacco products. That’s why it’s important for stakeholders in the vape industry to engage now, before further restrictions are proposed. FDA’s rulemaking process allows for anonymous public comments. Whether you choose to comment publicly or anonymously, now is the time to act as nicotine levels in these tobacco products will likely influence further determinations on vape product nicotine levels. Submitting a thoughtful, well-supported comment could help shape future regulatory decisions that may directly affect your vape business. Electronic or written comments on the proposed rule must be submitted by September 15, 2025.

WE CAN HELP YOU BE HEARD! Where you decide you would like our assistance making a public comment, among the arguments that could be made are that lowering nicotine levels in cigarettes could push smokers toward illicit markets or less regulated alternatives. Nicotine itself is not the primary health risk, and reducing nicotine in cigarettes does not eliminate the dangers of smoking. Consumers should have the right to choose nicotine levels rather than having FDA impose restrictions. In addition, smokers may compensate by smoking more cigarettes to maintain their nicotine intake, potentially increasing their exposure to harmful chemicals.

Our firm works with vape and tobacco companies to help them navigate regulatory changes and advocate effectively before agencies like FDA. If you are unsure whether to comment on this proposed rule or how to do so strategically, we can assist you in evaluating your options and preparing your comment.

Have questions? Give our office a call today at (917) 546-6997 or schedule an intake meeting, we would be happy to speak with you.

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