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In 2022, the FDA cracked down on synthetic nicotine, taxing it like the real stuff.
But they missed a big one: no nicotine at all.
Their definition of a “tobacco product” requires either nicotine or tobacco.
Herbal vapes? They use plants like rosemary, lemongrass, or CBD (with <0.3% THC). No nicotine, no tobacco—so they’re off the tax hook.
It’s not cheating.
It’s following the letter of the law.
Manufacturers didn’t exploit a flaw—they just noticed the FDA’s rulebook has a “no nicotine = no tax” clause.
And vapers are reaping the benefits.