Bill wrote -
I'm not aware of any provisions in the FSPTCA (and I've read it many dozens of times) that authorize the FDA to do 1, 2, 3, 4 or 5 listed above, and it would be helpful if people didn't post inaccurate claims on ECF
If I am wrong, I am happy to be corrected. But inaccurately quoting me and dismissing my comment doesn't really serve...
You see, I think it is reasonable to forecast that
"A Tobacco Product" will be regulated as
"A Tobacco Product". The precedent has been set, and the first four steps I mentioned above are merely those that apply to the tobacco industry at large as overseen by the FDA, TTB, IRS, and FTC: Tobacco Excise Taxes, Tobacco Control Warehouses, Tobacco Manufacture Registration and Approval, & Tobacco Retailer Licensure are merely the status quo.
I never said the FSPTCA grants authority to regulate the status quo, that would be unnecessary. I merely suggested that Chapter IX inclusion will serve as a precedent for interdepartmental regulation in accordance with the existing status quo.
It is only: "State Specific Tax Stamps" which vary from "Tobacco Product" to "Tobacco Product". The other rules are largely ubiquitous, and if the E-cig does survive (and it will) a unit will need to be defined.
You make think that's unreasonable, but it is what has happened with every single other tobacco product in the market.
So, Bill, let me say it again -
I respect, admire, and support everything you are doing. At the same time, I've successfully Directed and passed 23 pieces of legislation in my career,
this isn't my first rodeo. To dismiss my comments while misquoting me weakens our collective strength...
If I am wrong, now or in the future, I'm happy to be corrected. But if I am correct, don't expect me to change my opinion.
I believe,
"Chapter IX Inclusion paves the way for PACT Act Inclusion" - I believe it's really just a matter of time and the PACT act or something commensurate will be applied. Chapter IX inclusion fortifies the precedent and paves the way for broad scale regulation and taxation.
So either you're right and it's "Wild Wild West (pure and free trade) versus Doom and Gloom", or I'm right and it's an unwavering march towards Consolidation, Taxation, and Regulation...
Although I'm likely correct, I hope you're right and free trade wins the day.
End Note: I tend to think the ANPRM's the FDA issues are good peaks into the future, this one proposed September 9, 2011 ends it's comment period in 6 days... It's particularly relevant, because Chapter IX inclusion will extrapolate over to all the other FDA regulations with he wording "Tobacco Product" -
http://www.regulations.gov/#!documentDetail;D=FDA-2011-N-0467-0001