I got this today from my ever-so-far-left congresswoman:
Dear [mostlyclassics],
Thank you for contacting me to express your support for H.R. 2058, the FDA Deeming Authority Clarification Act of 2015. I appreciate hearing from you.
I understand that having access to e-cigarettes is important to many of my constituents and that e-cigarettes have helped many stop smoking traditional cigarettes. While I think it is important for those individuals to continue to have access to e-cigarettes, I think it is also important that we make sure that people are made aware of health risks associated with tobacco products, including e-cigarettes, and that we keep e-cigarettes out of the hands of young people.
According to the FDA, it lacks the authority to change the grandfather date for newly-deemed tobacco products. Therefore, Congress would have to act to change that date. I am open to a debate on the most appropriate grandfather date to ensure that we maintain access to e-cigarettes while protecting the public from products that are detrimental to public health. However, if we extend the grandfather, I believe it should be done with a date certain and a short delay. I have concerns about not having a fixed date that could allow all products on the market today to be grandfathered and therefore not subject to any FDA oversight for years to come. I am particularly concerned because there are some reports that e-cigarettes are substantially more dangerous than cigarettes. I am also concerned that manufacturers of these products are targeting young people, using many of the same techniques that are outlawed for use by cigarette manufacturers.
I think it is also important to note the ramifications of moving the grandfather date. Not only does moving back the grandfather date mean that existing products can continue to be marketed without concern to their effect on public health, including questions of whether they make it more likely for young people to start using tobacco products, but it means that any substantially equivalent product produced in the future would be able to enter the marketplace. That means that if certain designs or flavors are proven to target young people and result in more children using e-cigarettes, they could not be removed from the marketplace.
Under the current proposal, the FDA plans to take steps to ensure continued access to e-cigarettes as FDA conducts its premarket approval process. For example, the proposed rule recommends including a 24-month compliance period for manufacturers of existing products to meet the premarket approval requirement. That compliance period would minimize disruption and the loss of access to those products while the FDA conducts its review process. If finalized, that timeframe would allow the FDA to ensure consumers continue to have access to e-cigarettes while allowing the FDA to review products to ensure that products detrimental to public health are removed from the marketplace.
Again, thank you for contacting me about this issue. Please don't hesitate to let me know whenever I may be of any help to you.
Sincerely,
Jan Schakowsky