Chinese companies are reportedly selling vapes in the U.S. that contain chemicals known as nicotine analogs, which may be more potent and addictive than nicotine itself. These substances are largely unregulated, allowing manufacturers to bypass federal oversight designed to protect consumers.
While flavored nicotine vapes are largely illegal in the U.S., Chinese manufacturers have found a way around regulations by filling their products with these little-studied nicotine analogs. Previously, companies used synthetic nicotine to avoid FDA oversight, but a 2022 regulation expanded federal control. Now, by using nicotine analogs, which mimic nicotine's effects, these companies can sidestep federal tobacco rules that require pre-market scientific review.
"This is just like whack-a-mole, these companies will do everything they can to circumvent regulation," explained Robert Jackler, an emeritus professor at Stanford University. Research, including animal studies, suggests that some nicotine analogs, like 6-methyl-nicotine, could be more addictive than traditional nicotine. Furthermore, a 2024 study revealed that some of these vapes contain undisclosed ingredients, such as artificial sweeteners and cooling agents, with unknown inhalation risks.
These nicotine-like compounds are not new; Big Tobacco researched them as far back as the 1970s as potential replacements for nicotine, partly to evade future regulations. However, they were never mainstreamed by U.S. tobacco companies. Now, they've resurfaced in disposable vapes from Chinese manufacturers, who have proven adept at navigating the U.S. market.
The influx of these unregulated products has drawn criticism. Senator Tim Sheehy has called them a "new scheme to trick American consumers," while acknowledging past efforts to crack down on such products. However, efforts to regulate these substances have largely fallen to individual states, with some expanding their definitions of tobacco products to include nicotine-like chemicals. There's no comprehensive federal law treating them the same as nicotine.
A potential change could be on the horizon. The Trump administration's proposed budget for fiscal year 2027 includes a legislative proposal to expand the definition of nicotine to encompass nicotine analogs. This would bring them under FDA regulation, similar to traditional cigarettes, and address concerns that these compounds can be "more potent, addictive, and cytotoxic than nicotine." If enacted, this would close the loophole but could also open the door for major U.S. tobacco companies to legally market their own nicotine analog products under FDA guidelines.
