Assessing Possible Changes to the FDA’s Proposed Deeming Regulations


The proposed new vaping legislation tucked away into the House Agriculture Appropriations bill is meandering through the House. And while vapers have every right to be concerned about this bill, we can perhaps deduce that these may be okay, if only because anti-vapers seem so infuriated by it!
In a recently released press conference, the Campaign for Tobacco-Free Kids’ president Matthew Myers has come out in firm opposition to the bill’s vaping and cigar sections, along with the proposed predicate date change in the new deeming regulations set by the FDA.
Also opposed to the bill is New York Democratic Rep. Nita Lowey, who has sought to uphold the deeming predicate date. However, both have been unsuccessful with the Appropriations Committee approving the vaping legislation being included in the bill, while Lowey’s attempted amendment voted down 30-22.
According to Myers, the FDA should be able to implement the 2016 rule without Congress’s interference, imploring that the law is essential in encouraging youngsters away from all kinds of tobacco products. You can meet one of the CBD distributors here

Myers is a full-on tobacco control zealot who thinks that vaping products on the market from August 8, 2016, onwards should force through the expensive and challenging premarket tobacco application (PMTA), a process which smaller and independent companies cannot afford. The bill will enable the FDA to formulate standards for flavors and batteries, although it’s worth noting that the FDA equipped to regulate flavors.

Myers argues that since the FDA already has a level of authority over CBD vape additive, there’s nothing new in this bill that provides additional control. Hence, his focus is on the August 8 deadline. From his view, this bill is merely ceding ground to the Koi CBD vapers.
Myers angles his fury on the big tobacco industry vehemently opposed to the deeming rule and that any attempt to change it will only benefit them. He calls the tobacco industry’s move a “multi-front attack” and points out that their vigor renewed to get the rule abolished now the transition to the Trump’s government.
Myers gleefully ignores that the majority of the attempts against the deeming rule have come from the independent vaping community. But he sees an opportunity to link it in with the tobacco industry, hoping that the mud will stick. Indeed, that he worked on writing the Tobacco Control Act, fraternizing with Philip Morris, may be part of a more in-depth Myers plan.

In doing this, he helped big tobacco gain a leg up on the rest – perhaps he only did so to ensure his long-term relevance, rallying troops for a never-ending fight. Significant Tobacco benefits from the PMTA can sap up the eye-popping fees in a way a small business cannot. If we know the history, it’s no surprise that Myers is keen for the deeming predicate date to stay – anything to spite the vapers.

What you can do

Relentlessly badgering Congress about changing the deeming predicate date is a great way to help. Either phone or mail your representative, or better still, channel your message through the CASAA’s site. You can send off the pre-written message, or add a personal touch. The most important thing is to make contact! You can meet one of the CBD distributors here



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