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WARNING: This Product Contains Nicotine. Nicotine Is An Addictive Chemical.
WARNING: This Product Contains Nicotine. Nicotine Is An Addictive Chemical.

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.


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Jack - February 22, 2018

I don’t get it…
So does a 0mg vape juice still have nicotine or tobacco? Can you get juice with neither? For the Suoirn Air?


Fox - July 27, 2017

So you’re telling me that I can eat nicotine ridden veggies but can’t even use regular old glycerin I got from the cvs in my vape?

Jcdew67 - January 6, 2017

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 - September 23, 2016

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 - August 26, 2016

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 - August 24, 2016


Brian - August 24, 2016

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.

NAYYER MAHMOOD - August 24, 2016

There are many infringements of the constitution in the FDA regulations. 100 shop owners should get together and file a class action law suit, demand 100 million from the FDA, and ask for trial by jury. If 100 shops join up the lawsuit, the legal costs would be very manageable . Most of the FDA regulations would be struck down. Maybe Banzai can get 100 of their customers and this movement.

Jennifer - August 24, 2016


This is absolutely outrageous! Because my nicotine tolerance has decreased (literally from 20mg to 1.5-2mg) significantly since I QUIT SMOKING MARLBORO RED 100’s… I have used 0mg and 3mg Ejuice in my vaporizer. Yet another example of government overreach and abuse of their regulatory power to crush free enterprise- despite consequences to public health. A federal bureaucracy in the guise of “protection”. We are too ignorant to know what’s good for us, so they have to step in & take it away. This is so clear to me. Yet, so many people are ill informed about the benefits of the industry! Doctors and even some nurses alike give me advice, “You know, there’s research out there that shows use of e-cigarettes and inhalation of nicotine juice lowers your immune system defenses against viruses, bacterial infections, and even cancer!” When I respond, “Oh really? Which ingredient in the ejuice causes cancer?” They answer, “Tobacco derivatives and nicotine. Nicotine causes cancer.” When you question that narrative, it gets you nowhere. I just have to laugh (in sheer frustration) because they don’t even know what they’re talking about. It’s talking points they’ve picked up from some medical journal (getting their information from the FDA). What’s really going on is the federal government, tobacco industry, and pharmaceutical industry realized there is a market raking in tons of cash, turning people away from cigarettes, cigars, chew (tobacco products) in higher rates than Chantix, Nicorette gum, or patches and the people aren’t “relapsing”. Nicorette was invented in the 70’s & it was the only tobacco cessation product in the market. Tobacco has been killing people for decades or more. Ntm, the government rakes in taxes and cash from health insurance costs relayed to tobacco. Why would they want that cash flow to be hindered in any way?
Oh wow, I didn’t mean to go on a rant.
Bottom line. This cannot be allowed to continue. I know the e-cigarette lobbies and businesses like yours work hard to get the word out. Wish I knew the answer. For now, I’ll just have to keep supporting my local businesses in hopes we can keep them afloat regardless of the attacks from media and government. I’ll keep informing my local politicians we won’t stand for it as well.
Thanks for all you do,
Jennifer Larkin- Kellar

Norm Blackhall - August 24, 2016

My wife and I just celebrated our first year of vaping, which we used as part of our smoking cessation program. She is a 0mg vapor, while I am a 3/6mg user. We were 40+ year cigarette smokers. We are happy to be ex-smokers and now enjoy vaping.

I have been loosely following the FDA’s antics in tightly regulating the vaping industry. The propaganda and untruths they are spreading makes it blatantly obvious that the tobacco industry is pulling their strings. The FDA tests of eliquids are flawed and this information is then passed along to the media, who believe every word as gospel and spread it to the unsuspecting masses. Another example of the government helping the interests of themselves and the tobacco industry. Everyone who vapes should vote in November and remember why the cost of our supplies increased dramatically.

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