FDA Deeming Authority Amendment the New Hope?

The Light at the End of the Tunnel A light in the darkness has arrived.  After years of the man throwing the book at the vaping world,  an amendment has hit the senate floor that will finally take the opposite approach.  Less regulation, more products for small business. Congressman Tom Cole (OK), along with Congressman Sanford Bishop (GA) introduced legislation today to ensure sensible regulations for newly “deemed” tobacco products by the Food and Drug Administration (FDA). Named the “FDA Deeming Authority Clarification Act of 2017,” this legislation would amend the Federal Food, Drug and Cosmetic Act to change the predicate date for newly “deemed” tobacco products, impose common-sense licensing and advertising guidelines for vapor products and direct the FDA to establish product standards for vapor product batteries. In 2009, the Tobacco Control Act gave the FDA authority to regulate tobacco products under a “deeming process.” Instead of using its flexibility to grandfather existing products, in 2016, the FDA finalized a deeming rule to assert jurisdiction over cigars, pipe tobacco and vapor products, using the February 15, 2007 predicate date set in statute. Without this amendment, the FDA is effectively making it more difficult for vapor products to come to market than cigarettes, even though Public Health England, the British version of our Department of Health and Human Services published a report stating that vapor is 95% less harmful than a cigarette.  This legislation builds on the Cole-Bishop Amendment which was included in the House version of the Fiscal Year 2017 Agriculture Appropriations Bill. “While there is disagreement about whether certain tobacco products should be regulated or not, there should be agreement that new regulations should apply to products moving forward, and not retroactively,” said Cole. “Inconsistent authority like this will be detrimental and unfair to many manufacturers and businesses. This legislation preserves the FDA’s ability to regulate these products on part with cigarettes, grandfathers currently available products and then requires the FDA’s approval before any new product is introduced.” “Vapor products offer a promising path for harm reduction for those seeking to quit or limit their smoking,” said Bishop. “This legislation would ensure the FDA’s regulatory process does not limit the availability of safer tobacco options for those seeking to make use of them.” Notable proposals in this amendment include classifying vaping products as vaping products instead of tobacco.  Change the Grandfather date for deeming from February 2007 to April 2011.  Extend the date of registration for retailers by months. Everything about this proposal seems to have small business in mind.  Make business easier on small companies trying to turn a profit and enable more of these businesses to exist.  Fewer regulations on an industry already swamped with state and federal laws nipping at the profits of the vaping world is the only way. Will this amendment come to pass and save hundreds of small vape shops around the country? Only time will tell.  What is certain however, getting this proposal passed would be a positive step forward for the vape game. To keep the garage scientists brewing the next big and unique Juice, this bill will have to come to pass. Spread the word my friends.  E-cigarettes started as a grassroots community and that mentality is the only thing that will keep the scene alive.
Check out the full amendment HERE  
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