FDA US House Appropriations Cmte bill would prevent FDA from banning e-cigs now on the market

[Bill Godshall]

Breaking News

US House Appropriations Cmte bill would prohibit FDA from enforcing the February 15, 2007 grandfather date for newly deemed tobacco products (including e-cigarettes), move grandfather date to issuance of Final Rule for Deeming Regulation (allowing newly deemed tobacco and e-cigarette products now on the market to remain legal, but require FDA approval of PMTA’s for new products after Final Rule issuance).

http://appropriations.house.gov/upl...c-ap-fy2016-agriculture-subcommitteedraft.pdf (Section 747, page 86)

Please note this appropriations bill would essentially enact Rep. Tom Cole’s bill (HR 2058) into law.


The ANTZ just found out, and are going nuts.

 

[Rossum]

SEC. 747. For each tobacco product which the Secretary of Health and Human Services, by regulation under section 901(b) of the Federal Food, Drug, and Cosmetic Act, deems to be subject to chapter IX of such Act, none of the funds made available in this Act or any other Act may be used to treat any reference in sections 905 and 910 of such Act to February 15, 2007, as other than a reference to the effective date of the regulation under which a tobacco product is deemed subject to the requirements of such Act pursuant to section 901(b)(1) of such Act, and any reference in such sections to 21 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act as other than a reference to 21 months after the date of such final deeming regulation.

Source: The above-linked draft bill.

Nice!

 

[WorksForMe]

How is this better than Tom Cole’s bill? Is it more likely to become law?

 

[NorthOfAtlanta]

How is this better than Tom Cole’s bill? Is it more likely to become law?

Just borrowing one of their favorite tricks, burying legislation in an appropriations bill.

 

[trying]

Wouldn't it require Obama's signature ?

 

[WorksForMe]

Wouldn't it require Obama's signature ?

The idea is that a president won’t want to veto an entire appropriations bill because he doesn’t like a few of its provisions. Of course, that doesn’t always work.

 

[snork]

When I got Bill's update email today with the pdf link, I read that section about 5 times and never understood it. Just re-read it again and it finally registered. Wow!

 

[zoiDman]

So what is the Lay-Person's explanation of what is going on?

What happens Next? This Passes the House and then goes to a Conference Committee?

 

[NorthOfAtlanta]

If it passes the House it will go to the Senate, all appropriations bills have to start in the house as they supposedly control the purse strings.

 

[philoshop]

What it means is that somebody, somewhere in DC, actually cares and is doing something about it.

 

[Ardo]

If it passes the House it will go to the Senate, all appropriations bills have to start in the house as they supposedly control the purse strings.

So, how fast/slow are we expecting this to move?

 

[caramel]

How is this better than Tom Cole’s bill? Is it more likely to become law?

It establishes a non-negligible penalty (defunding FDA).

 

[NorthOfAtlanta]

Don't know, what's the old saying about sausage and legislation?

 

[NorthOfAtlanta]

It establishes a non-negligible penalty (defunding FDA).

It won't defund the FDA, which I personally don't think is that bad of an idea, it just prohibits them from using any funds from this or any other act to enforce the 2007 grandfather date on newly deemed items.

 

[caramel]

It won't defund the FDA, which I personally don't think is that bad of an idea, it just prohibits them from using any funds from this or any other act to enforce the 2007 grandfather date on newly deemed items.

Which means that at least Zeller's department should entirely self-finance if they want to proceed.... including moving themselves into their own self-funded building, complete with IT department, electricity bill et all.... or they could easily get investigated for "misappropriation of government funds".

 

[zoiDman]

If it passes the House it will go to the Senate, all appropriations bills have to start in the house as they supposedly control the purse strings.

Interesting.

I was under the Impression that proposed Appropriations Bills ran concurrently in both Houses of Congress.

 

[Tagi]

I am curious, if this passes that would mean no new RDA models other then the current selection?

 

[YoursTruli]

It won't defund the FDA, which I personally don't think is that bad of an idea, it just prohibits them from using any funds from this or any other act to enforce the 2007 grandfather date on newly deemed items.

Do we know what all this includes? Such as both e-cigarettes and e-liquid in their present forms?

 

[YoursTruli]

I am curious, if this passes that would mean no new RDA models other then the current selection?

my understanding is everything that was here before the regulations are passed will be grandfathered in but after the regulations are passed everything new introduced to the market will need FDA approval.

 

[YoursTruli]

Interesting.

I was under the Impression that proposed Appropriations Bills ran concurrently in both Houses of Congress.

yes concurrently by the House and Senate Budget Committees, the budget resolution is a "concurrent" congressional resolution, not an ordinary bill and does not go to the President for his signature or veto.