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Duncan Hunter to Secretary Price: SAVE VAPING!

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Washington, D.C. – Congressman Tom Cole (OK-04), along with Congressman Sanford Bishop (GA-02) introduced legislation today to change the predicate date for vapor products and direct the FDA to establish product standards for vapor product batteries.


Vapor products offer a promising path for harm reduction for those seeking to quit or limit their smoking  “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.” said Bishop.
Mark Block, EVCA President chatting with Health & Human Services Secretary, Tom Price about FDA Deeming Regulations.

The main benefit of this newly introduced Cole-Bishop bill and its predecessor the Cole-Bishop amendment to the FDA appropriations bill is that it changes the “grandfather date” or “predicate date” from February 2007 to the date 21 months after enactment of this new bill.


Under this bill, were it to pass, all your vaping products up until that point will be grandfathered in as existing products.  However, any new products after that point will have to go through the new tobacco product PMTA process. This bill also directs FDA to promulgate new regulations on battery standards, makes restrictions on advertising to adults only, establishes certain labeling requirements, sand requires vapor product retailers to register with FDA.


The main problem with the Cole bill is that it leaves vapor products in the tobacco product category and as innovation continues, only a few big players will be able to afford to continue.  It merely kicks the can down the road and delays the inevitable consolidation of the industry into the hands of Big Tobacco and perhaps a few others. 


Congressman Duncan Hunter (CA-50) quickly drafted a letter to Secretary Tom Price of Health and Human services (Price oversees the FDA), informing Price of his intention to draft better legislation


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