FDA says TVECA claims it has a copy of FDA's e-cig regulatory proposal

[Bill Godshall]

Just got an e-mail from the FDA's CTP stating the following.

Updates from the Center for tobacco Products

The FDA has not issued its proposed rule regarding what additional tobacco products should be regulated by the agency. We are aware that the tobacco Vapor Electronic Cigarette Association has indicated publicly that they have a copy of our proposal. The proposal is still in draft form and under review. As a matter of policy, the FDA does not share draft rules with outside groups while a rule is still under review.


Anyone have more info on this (e.g. an e-mail or news article in which TVECA says they have a copy of the potentially forthcoming FDA reg)?

 

[pamdis]

GMA announced at the end of a nicotine poisoning story that in speaking with the TVECA, the CEO stated they had a copy.

TVECA has the clip posted on their website. They used to also have a countdown odometer to Tuesday when they were going to post it. They have, sometime in the last couple hours, replaced the odometer with a message in red:

TVECA | The Tobacco Vapor Electronic Cigarette Association

 

[pamdis]

I'm assuming here's what happened:

FDA gave TVECA a copy and told them the release date.
TVECA was supposed to keep mum but instead announced it (essentially to the world) through GMA.
FDA is aghast, as I think it was probably illegal what they did?
FDA now claims it is nothing more than a draft and will not publish on Monday as planned.


ETA: or rather, FDA is claiming TVECA is lying because the wording in the email portion you posted clearly says

the FDA does not share draft rules with outside groups

My bet, the FDA is lying about violating their policies.

 

[Bill Godshall]

TVECA website at TVECA | The Tobacco Vapor Electronic Cigarette Association now says

Proposed FDA eCig regulations
The TVECA has had informal discussions with the FDA today, 4/18/2014, and we all decided that in the best interest of the regulatory process as well as the industry and the public, not to post the document on Tuesday.

pamdis wrote
"GMA announced at the end of a nicotine poisoning story that in speaking with the TVECA, the CEO stated they had a copy."

Who/what is GMA?

 

[pamdis]

Good Morning America.

Jump to the very end - around 2:57 mark.

'GMA' Investigates Liquid Nicotine | Video - ABC News

 

[db13berry]

Only GMA I know of is Good Morning America.

 

[Rickajho]

GMA announced at the end of a nicotine poisoning story that in speaking with the TVECA, the CEO stated they had a copy.

TVECA has the clip posted on their website. They used to also have a countdown odometer to Tuesday when they were going to post it. They have, sometime in the last couple hours, replaced the odometer with a message in red:

TVECA | The Tobacco Vapor Electronic Cigarette Association

Huh? The statement on the TVECA web site is composed to two independent thoughts, neither of which may have anything to do with the other:

The TVECA has had informal discussions with the FDA today, 4/18/2014,

Well a lot of organizations, and interests have had "informal discussions" with the FDA regarding this matter.

and we all decided that in the best interest of the regulatory process as well as the industry and the public, not to post the document on Tuesday.

Ah - "the document"! The unnamed mystery document... The document(ation) of their informal talks with the FDA perhaps? (Yawn... And not cool either.)

Not hanging on the edge of my seat over this one. Any more than I'm relying on GMA to be a credible reporting source.

 

[Bill Godshall]

What TVECA is saying is that after talking to FDA lawyers today, TVECA decided not to publish the not-yet-proposed FDA deeming regulation and/or other e-cig regs on their website next Tuesday.

Seems like the FDA lawyers convinced TVECA to not become the next Wikileaks or Edward Snowdon (although I don't know what law they'd be breaking by publishing the FDA proposal on their website).

 

[Jake6731]

Early today, TVECA looked like this:


After the FDA Special Statement, their Web page changed to this:

 

[sonicdsl]

Early today, TVECA looked like this:
View attachment 327488

After the FDA Special Statement, their Web page changed to this:
View attachment 327489

Glad you got a screenshot... I saw the countdown timer earlier, but it didn't occur to me to take a screenshot of it!

 

[Jman8]

FDA gave TVECA a copy and told them the release date.
TVECA was supposed to keep mum but instead announced it (essentially to the world) through GMA.
FDA is aghast, as I think it was probably illegal what they did?
FDA now claims it is nothing more than a draft and will not publish on Monday as planned.

Well, if that last statement is accurate, let's keep stating we know the precise moment FDA report will be released, to further the delay. Gotta keep the 'wild west' alive!

 

[rothenbj]

I wonder who else has had "informal" discussions with the FDA that knows what they're planning?

 

[2coils]

I wonder who else has had "informal" discussions with the FDA that knows what they're planning?

Yea...id love to know how and why TVECA

 

[WorksForMe]

Yea...id love to know how and why TVECA

The TVECA is generally supportive of regulating e-cigs as tobacco, and other regulations that they think benefit their members. That could be why someone at the FDA felt comfortable sharing upcoming "deeming" info with them. That trust is gone now though.

 

[AgentAnia]

Updates from the Center for Tobacco Products

The FDA has not issued its proposed rule regarding what additional tobacco products should be regulated by the agency. We are aware that the Tobacco Vapor Electronic Cigarette Association has indicated publicly that they have a copy of our proposal. The proposal is still in draft form and under review. As a matter of policy, the FDA does not share draft rules with outside groups while a rule is still under review.

At no time (in public, at least) has the FDA denied they released a copy of the deems to TVECA. They simply say "as a matter of policy the FDA does not..." Obviously someone at FDA *did* slip it to TVECA. Well, that's politics, that's SOP inside the Beltway. Not at all surprised; I expect nothing better from the likes of FDA.

What's more important, IMO, is that this incident utterly damns TVECA. Their cuteness in posting that countdown, slyly hinting they and only they now know what's in that draft but oh no, they're not going to share it.* It's a despicable slap in the face to vapers everywhere, to my mind.

*I don't believe for a minute they released their countdown and *then* realized they might be subject to legal action if they released the draft prematurely. Any halfway decently clever person would have simply kept mum in public and slipped it under the table to all interested parties, anonymously if the slippee's reliability wasn't assured. Just saying...

 

[pamdis]

AgentAnia, I agree. I also think that we would have seen them released on Monday by the FDA but for this incident.

 

[AgentAnia]

AgentAnia, I agree. I also think that we would have seen them released on Monday by the FDA but for this incident.

Jman has the answer:

Well, if that last statement is accurate, let's keep stating we know the precise moment FDA report will be released, to further the delay. Gotta keep the 'wild west' alive!

Yipee ki yea and yeeeehaw!

 

[NorthOfAtlanta]

IMHO this was nothing more than TVECA letting us know that they are part of the in crowd. We really need to remember that when we see the regulations as they would not of had this if their input was not used to write them. The only reason I can see for them to have it would have been for a final edit/pre-publish check.

 

[Vocalek]

At no time (in public, at least) has the FDA denied they released a copy of the deems to TVECA. They simply say "as a matter of policy the FDA does not..." Obviously someone at FDA *did* slip it to TVECA. Well, that's politics, that's SOP inside the Beltway. Not at all surprised; I expect nothing better from the likes of FDA.

What's more important, IMO, is that this incident utterly damns TVECA. Their cuteness in posting that countdown, slyly hinting they and only they now know what's in that draft but oh no, they're not going to share it.* It's a despicable slap in the face to vapers everywhere, to my mind.

Yup. Either quite unwilling to share OR they never had anything in the first place. I left the following message in Ray Story's Skype window on Friday at 9:39 AM. To date, there has been no response.

Hi Ray: Good Morning America reported that the CEO of TVECA told their reporter that the FDA sent TVECA a copy of the regulations the agency plans to release on Monday. Would you please send me a copy. You can upload the file here or email to me.

 

[AgentAnia]

Yup. Either quite unwilling to share OR they never had anything in the first place. I left the following message in Ray Story's Skype window on Friday at 9:39 AM. To date, there has been no response.

You devil you!