A bill aimed at funding the U.S. government by September, including one that would allow the Food and Drug Administration to regulate synthetic nicotine, is being proposed.
The bill is expected to pass in the next few days.
Public health groups have been warning that synthetic nicotine e-cigarettes like the Puff Bar are growing in popularity among teens while evading FDA regulation.
Synthetic nicotine is currently not expressly regulated by the FDA, and many companies started using it after their natural nicotine products were rejected from the market by the agency.
Richard Burr (RN.C.), Dick Durbin (D-Illinois) and Patty Murray (D-Wash.), and Rep. Frank Pallone (DN.J.) led the effort to bring the bill into a comprehensive category, according to two Senate sources familiar with the discussions. Lawmakers are racing to pass the bill before the March 11 deadline.
"This is a huge win for public health and the American consumer," Pallone said in a statement. "I thank members on both sides of the aisle for working with me to close this comprehensive loophole."
The change, Pallone said, will deter bad actors trying to evade FDA oversight and put a new generation of young people into lifelong nicotine addiction.
Public health groups have been warning that synthetic nicotine e-cigarettes like the Puff Bar are growing in popularity among teens while evading FDA regulation. The FDA has the authority to regulate natural tobacco products, but it's unclear whether this applies to lab-made nicotine.
Harold Wimmer, national president and CEO of the American Lung Association, said giving the FDA clear authority to regulate synthetic nicotine would fill a dangerous loophole that allows e-cigarette companies to sell child-friendly e-cigarette flavors and Addicted to our youth.
"Young people are drawn to fruit and candy flavors and quickly become addicted to harmful e-cigarettes," Wimmer said.
According to a survey by the Centers for Disease Control and Prevention, more than a quarter of middle and high school vapers report using Puff Bar as their usual brand. Puff Bar did not immediately respond to a request for comment.
"Synthetic nicotine poses a new and growing threat to the health of our nation's children," Matt Myers, president of the Campaign for Tobacco Free Kids, said in a statement.
Mitch Zeller, director of the Center for Tobacco Products, suggested last year that synthetic nicotine could be considered an ingredient in e-cigarettes, which would make the product regulated by the agency. Many states have begun banning synthetic products.
During a Senate nomination hearing, FDA Commissioner Robert Califf vowed to close the synthetic nicotine loophole.
According to a survey by the Centers for Disease Control and Prevention, more than a quarter of middle and high school vapers report using Puff Bar as their usual brand.
The same survey found that brands that use traditionally derived nicotine, such as those sold by Vuse, SMOK and JUUL Lab, are also popular among teens, although those under 21 cannot legally buy them.