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Draft law to save vaping gathers steam in Congress

Draft law to save vaping gathers steam in Congress

A new bill has been introduced in Congress which, if passed, will prevent the FDA from banning 99.9% vapor products next year. 

The cross-party draft law - known as the FDA Deeming Authority Clarification Act of 2017  - was tabled Thursday by Tom Cole (R-OK) and Sandford Bishop (D-GA) and is now gaining traction in Washington. If the bill passes it will move what is known as the "predicate date" for vapor products; all those that were on the market on 8 August 2016 would not now be subjected to a regulatory system so overbearing it amounts to a ban due to its cost and complexity.

“Vapor products offer a promising path for harm reduction for those seeking to quit or limit their smoking,” said Rep. 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.”

“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,” added Rep. 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 par with cigarettes, grandfathers currently available products and then requires the FDA’s approval before any new product is introduced.”

The new bill does four things:

Save small and mid-size vapor businesses: The thousands of small and medium-sized firms and their tens of thousands of employees will be able to continue to trade. Almost all products on the market were sold after the original predicate date in 2007, so the nine years of innovation up to August 8th, 2016 will remain available to consumers.

Save lives: Vapor products have gained widespread consumer acceptance amongst smokers who have tried unsuccessfully over the years to quit. The Royal College of Physicians’ comprehensive review of the science concluded that e-cigarettes represent less than 5% the risk of tobacco cigarettes. 

Address the issue of product safety: The FDA Deeming Authority Clarification Act of 2017 requires the FDA to implement their rulemaking on product standards for batteries within 12 months. 

Protect Youth: The FDA Deeming Authority Clarification Act of 2017 will restrict youth marketing and youth access to vapor products. 

Give the federal government the ability to enforce the law: The FDA Deeming Authority Clarification Act of 2017 requires retailers to register their establishment unless the retailer already is required to register under a state law or federal law.

  • Steve Miller

    Love this. Just wish Reps. Cole and Bishop could learn to not say "tobacco products" when referencing vapor products. Cole is from my home state and I will reach out to him on this again, while thanking him for moving to have the unconscionable FDA deeming date and regs tabled.

  • Jai Haze

    Its about damn time, been waiting a long time for this to roll out and be heard. Bi-Partisan bills always seem to roll out

  • Uwe

    Yeah, it's funny that vaping equipment is a tobacco product. I vape 0 nicotine these days, so I wonder what my VG, Menthol in an electric vaping device has to do with tobacco...
    Well, the tobacco industry wants the regulation, so be prepared for a fight. They're losing a lot of customers to vaping and they hate it. Wouldn't surprise me if they invested a few million to turn that in their favor again, particularly with an administration so susceptible to money...

  • Paul Muad'Dib

    Anyone who opposes vaping should be looked upon with the same contempt as a mass murderer.

  • Mike Pasmore

    So we're ONLY allowed the innovations up to August 2016? And this is good? Clearly the lobbying done by the industry has only entrenched and insulated the current industry players. This is what a terrible bill looks like. Doesn't help consumers. No one has ever been harmed by vaping to the extent that tobacco harms nearly every single user. Unacceptable result.

  • Matt Chambers

    Try going out robbing people and slowly poisoning them. You would get A life sentence or even Death row over in the U.S, yet big tobacco and government, FDA, the EU etc all keep wanting to peddle death while taxing the Hell out of everything that people breath into their lungs and blow out again, next there will be a fresh air tax, after all it possibley contains more nicotine than a bottle of zero MG eliquid.

  • Rennie Hayes

    I smoked for 42 yrs. I tried the patches several times in an effort to quit smoking, I didn't quit smoking on either attempt. So I started vaping and cut back on the cigarettes. After vaping for awhile, I was able to quit cigarettes completely. A month from today I will be cigarette free for 1 yr. I feel better, have no cough, & my dr tells me my lungs sound better. PLEASE SAVE THE VAPING INDUSTRY. I HAD A FRIEND WHO HAD A SHOP IN PRINCETON WV, and she had to close her shop & move to VA & open a shop there was n order to avoid all the taxes they imposed on the small vape businesses. SAVE THE VAPE INDUSTRY.

  • boxer30

    I'm praying this law passes. I know that the tobacco industry is actually getting on board with vaping especially Phillip Morris due to the introduction of the IQO device, however, it has ALWAYS been the pharmaceutical companies that are our worst enemy. Thone companies have the financial and political backing. As I stated above, I'll keep praying.

  • Jason Bruckner

    "Address the issue of product safety: The FDA Deeming Authority Clarification Act of 2017 requires the FDA to implement their rulemaking on product standards for batteries within 12 months. "

    Sounds like the FDA could limit batteries to e-cig type vaping devices only?

  • Andy Vaper

    Vaping is not a cult, it's a therapy and as we all know, the most effective therapy to get off the cancer sticks. Praying on behalf of the global vaping community and on behalf of the Indian vaping community that this gets an approval.

  • teryn0069

    Does not sound like the kind of company I would work for.....if they are so anal about nicotine, what will they condemn you for next??

  • roblimo

    I'm another 40-year smoker who now vapes using juice with little or no nicotine. And no PG, either. I'll contact my rep, but he really only cares about cutting taxes on the richiest richies and making life as hard as possible for working people and probably doesn't care about vaping at all.

  • jaxx

    Well, ain't that bullshit! Kind of like when they implemented the random UAs in the early 90's. Good employees with years of good service were fired cause they smoked a little weed after work. The tests never really amounted to much since all it caught was potheads. Then you had folks who had to stop smoking & turned to drs. & pharmaceuticals to deal with what the pot controlled. Then the employer couldn't do shit cause it was legal. But, bunch of people addicted to prescription meds. This "war on drugs " was stupid & lost back when Nixon came up with it.

  • Alan T Hamilton

    U.K. insurers have the same rule - any 'tobacco products' classifies you as a 'smoker' and increases the premiums. However 0% means that you can state you don't use the products. Good luck in the reduction and hope you get the job.

  • Laura Miller

    I'm so happy about this. As a smoker of 12 years I was finally able to quit completely as a result of vaping.

  • Glenn Martin

    After 35 years of smoking and numerous attempts at quiting I finally did it with the use of E-Cigs.
    I tried all the other worthless stuff on the market like obamacare that promised their product would
    work but didn't. The tobacco industry wants the regulation because they are losing money!

  • Pam Krischtschun

    That is great news! We need more representatives on our side and not believing all the negative talk about vaping. The FDA needs to do their research on this and get their facts straight.

    Vaping is almost 100% healthier than smoking and is helping people all over the world quit smoking cigarettes.

    I see no difference between vaping and using the other nicotine products for quitting smoking. My brother quit smoking 27 years ago using nicorette gum and to this day still chews it.

    Even Yale University is doing studies on using electronic cigarettes as a device for quitting smoking.

    That's my 2 cents on the subject.

  • DarkMonk

    Nicotine is no different than Caffeine. Both stimulants. Except Caffeine is a drug taken by 90% of the populace and "normalized". We take in Nicotine in a vapor delivery system, and they take in Caffeine in a liquid delivery system. But they are basically the same.

  • Clayton

    My wife works at a hospital with similar rules. Perhaps, they think that the primary way to get nicotine into your system is through tobacco cigarettes, which is harmful to health due to the other products in the combustion process. If they would take the time to know nicotine, they might change the ruling. However, I don't know of a way to rule out combustible tobacco without cutting out all forms of getting nicotine.

  • Brian Coe

    Vaping . Com

    Just to point out that in NZ there is no legislation for public indoor bans for vaping nor is there in the the new proposed consumer regulations on vaping, please read the Regulation Impact Assessment it's all in there, do your research before publishing misinformation, vaping already has enough of that going on.

  • James Arias

    I just can't understand the persecution of vaping. It´s an unknown field for many. The very use of “tobacco products" when referencing vapor products is crazy. In Germany is almost the same. Thanks a lot guys for your work. I´m going to use some informations for my german blog ;-)