3 Democrat Senators urge FDA to "swiftly" propose regulation to apply Chapter IX of FSPTCA to e-cigarettes and other products

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Bill Godshall

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Three Democrat Senators who vehemently oppose tobacco harm reduction send letter urging FDA to "swiftly" expand tobacco regulations, want agency to apply Chapter IX of FSPTCA to all cigars, pipe tobacco, hookah/shisha, dissolvables, e-cigarettes, e-liquid and other tobacco products, criticize companies for marketing exponentially less hazardous smokefree alternatives to smokers, grossly misrepresent health risks/benefits and marketing of smokefree products.
http://www.cspdigitals.com/tobaccoenews/tom-letter.pdf
Senators Send Letter to FDA on Other Tobacco Products
 

Vocalek

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Senator Richard Blumenthal, Senator Frank Lautenberg and Senator Sherrod Brown are encouraging government by fiat. Chapter IX of FSPTCA specified the particular products that are covered under the law. For an agency (Executive branch) to enact a regulation that covers products outside the scope of the authorizing law violates the Constitutional concept of separation of powers.

Pehaps these senators wanted the law to be more comprehensive but were overruled by their fellow legislators. They are trying to do an end-run around the legislative process.
 

Pamdane

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I am one of Sherrod Browns constituents and he got my letter. He didnt like it :) I made my stance very clear and concise, advised him I vote, and that I have been a past party supporter and volunteer, and that his decision would influence my participation with his future campaigns. Guess I know why his response lacked the usual well wishes I usually get from my congressmen. I think I'll start my own mini campaign. We have a lot of members here in Ohio.
 

Bill Godshall

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Vocalek wrote:

Senator Richard Blumenthal, Senator Frank Lautenberg and Senator Sherrod Brown are encouraging government by fiat. Chapter IX of FSPTCA specified the particular products that are covered under the law. For an agency (Executive branch) to enact a regulation that covers products outside the scope of the authorizing law violates the Constitutional concept of separation of powers.

Pehaps these senators wanted the law to be more comprehensive but were overruled by their fellow legislators. They are trying to do an end-run around the legislative process.

The letter sent by the three US senators to FDA basically urged the agency to "swiftly" do what the agency stated it intended to do in FDA’s April 25, 2011 statement (that agreed to comply with Judge Leon’s ruling) at
Regulation of E-Cigarettes and Other Tobacco Products

That notice by the FDA stated:

The Agency intends to propose a regulation that would extend the Agency’s “tobacco product” authorities in Chapter IX of the FD&C Act, which currently only apply to certain specifically enumerated “tobacco products,” to other categories of tobacco products that meet the statutory definition of “tobacco product” in Section 201(rr) of the Act.
 
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DC2

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Senator Richard Blumenthal, Senator Frank Lautenberg and Senator Sherrod Brown are encouraging government by fiat.
Frank Lautenberg and Sherrod Brown are well known to me for their efforts to protect Big Pharma.
This Blumenthal dude I don't remember hearing of before though.

My opinion of them is that they suck.
:mad:
 

Pamdane

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Since sherrod brown's term expires 2012 can we get some fliers for next months election in Ohio out for the polls? Let's get the ball rolling to get him out of office. I'll be glad to help. A simple campaign that he is against helping people stop smoking and primote healthier voters should go a long way.
 

CallTheMouse

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Senator Richard Blumenthal, Senator Frank Lautenberg and Senator Sherrod Brown are encouraging government by fiat. Chapter IX of FSPTCA specified the particular products that are covered under the law. For an agency (Executive branch) to enact a regulation that covers products outside the scope of the authorizing law violates the Constitutional concept of separation of powers.

Vocalek,

I would pay close attention to any legislation submitted or letters made public by Senator Richard Blumenthal. Myself being from CT, he as a history of bait and switch tactics and he will not be friendly to our cause. I think even though the FDA caved back in April designating PV's a tobacco product, it may be just what he and others were looking for to piggyback tobacco restriction legislation on other bills. There are going to be some major battles ahead. I would not be surprised if Senator Blumenthal is at the forefront and the cause of most of those battles as time passes.
 
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rothenbj

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I really think a concerted effort to our representatives in Washington to squash the FDA's attempts at expanding their Chapter IX authority beyond what was approved by congress is in order. As a snus user, the changes that FSPTCA made is really inconvenient, costly and prohibitive for using snus as a smoking alternative for many. Purchases only get cost effective in large quantities.

If the same type regulations are placed on E cigs, the same roadblocks will be put in place.
 

Bill Godshall

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rothenbj wrote:

I really think a concerted effort to our representatives in Washington to squash the FDA's attempts at expanding their Chapter IX authority beyond what was approved by congress is in order.

While it can't hurt to contact US Senators and/or Reps urging them to urge FDA to NOT expand Chapter IX to e-cigarettes or other tobacco products, it is far far more important (and is likely to be far more successful) for e-cigarette consumers and tobacco harm reduction advocates to contact FDA urging the agency to NOT expand Chapter IX to e-cigarettes or other tobacco products (as members of Congress cannot and shouldn't be expected to do anything until/unless those who request their assistance do what they are urging members of Congress to do).

Unfortunately, my many efforts to urge e-cigarette consumers to contact FDA and its Tobacco Product Scientific Advsisory Committee during many opportunities they've already provided (for harm reduction advocates to inform them about smokefree alternatives and urge them to support harm reduction products and policies) have been ignored by the overwhelming majority of e-cigarette consumers and ECF forum members.
 

Demarko

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rothenbj wrote:



While it can't hurt to contact US Senators and/or Reps urging them to urge FDA to NOT expand Chapter IX to e-cigarettes or other tobacco products, it is far far more important (and is likely to be far more successful) for e-cigarette consumers and tobacco harm reduction advocates to contact FDA urging the agency to NOT expand Chapter IX to e-cigarettes or other tobacco products (as members of Congress cannot and shouldn't be expected to do anything until/unless those who request their assistance do what they are urging members of Congress to do).

Unfortunately, my many efforts to urge e-cigarette consumers to contact FDA and its Tobacco Product Scientific Advsisory Committee during many opportunities they've already provided (for harm reduction advocates to inform them about smokefree alternatives and urge them to support harm reduction products and policies) have been ignored by the overwhelming majority of e-cigarette consumers and ECF forum members.

I did myself, but had to wade through a lot. Is there a clear and concise post somewhere that said, "Click here and follow these steps"? Large posts with several links tend to confuse many people. TL;DR syndrome, sadly :(
 

Bill Godshall

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Demarko wrote

Is there a clear and concise post somewhere that said, "Click here and follow these steps"

Every situation is different, and I've tried to simplify directions as much as possilbe (but these are complex issues).
I also send e-mail alerts (and a weekly tobacco harm reduction update) to my large e-mail lists.

If anyone would like to receive my e-mail alerts and newsletters, please send me an e-mail to smokefree@compuserve.com
 

Demarko

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Demarko wrote



Every situation is different, and I've tried to simplify directions as much as possilbe (but these are complex issues).
I also send e-mail alerts (and a weekly tobacco harm reduction update) to my large e-mail lists.

If anyone would like to receive my e-mail alerts and newsletters, please send me an e-mail to smokefree@compuserve.com

Yeah, I don't mind sorting through verbose text, I'm just talking "in general". The petition got pushed by people writing a 1 line description and putting up a link. Just a thought for the future, anyway.
 

cookiebun

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I am one of Sherrod Browns constituents and he got my letter. He didnt like it :) I made my stance very clear and concise, advised him I vote, and that I have been a past party supporter and volunteer, and that his decision would influence my participation with his future campaigns. Guess I know why his response lacked the usual well wishes I usually get from my congressmen. I think I'll start my own mini campaign. We have a lot of members here in Ohio.

Same here.
He needs to back off if he wants my vote.
 
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