Deeming Regulations have been released!!!!

Kent C

ECF Guru
ECF Veteran
Verified Member
Jun 12, 2009
26,547
60,051
NW Ohio US
When I first joined ECF I saw a long post from one of the senior staff here on this topic. Guy said vaping needed to have a serious well funded media operation. He mentioned a staff including professionals with contacts in the media. Immediate response to negative stories in the media. A significant volume of positive stories. Ability to respond quickly to good or bad research stories. Etc.

It was a long time ago and I can't find that post any more. My recollection is that he said it was his area of expertise and he could have organised it himself but he was too busy with his own career related stuff. Said in practice it could only come from the vaping industry and they showed no signs of being willing to cooperate and put up the large amount of money that would be needed. He suggested that without that in place we were likely to lose the battle.

This?

Can you help? Vape Manifest USA! Let's make B&Ms visible....
 
  • Like
Reactions: MacTechVpr

englishmick

Vaping Master
ECF Veteran
Verified Member
Sep 25, 2014
6,586
35,802
Naptown, Indiana

Katya

ECF Guru
Supporting Member
ECF Veteran
Verified Member
Feb 23, 2010
34,804
120,147
SoCal
When I first joined ECF I saw a long post from one of the senior staff here on this topic. Guy said vaping needed to have a serious well funded media operation. He mentioned a staff including professionals with contacts in the media. Immediate response to negative stories in the media. A significant volume of positive stories. Ability to respond quickly to good or bad research stories. Etc.

It was a long time ago and I can't find that post any more. My recollection is that he said it was his area of expertise and he could have organised it himself but he was too busy with his own career related stuff. Said in practice it could only come from the vaping industry and they showed no signs of being willing to cooperate and put up the large amount of money that would be needed. He suggested that without that in place we were likely to lose the battle.

Bill Godshall, perhaps? Doesn't really ring a bell. Sorry.
 

Qew

Vaping Master
ECF Veteran
Verified Member
Jun 5, 2012
3,424
15,109
Michigan
Crossing my fingers... (Sorry if this has been posted, I haven't seen it here)

upload_2020-8-27_21-44-58.png


https://www.khlaw.com/Files/44066_FDA petition re COVID PMTA Extension final.pdf

Regulations.gov Beta
 

UncLeJunkLe

ECF Guru
ECF Veteran
Verified Member
Nov 29, 2010
10,626
2
28,683
¯\_(ツ)_/¯
Last edited:

Qew

Vaping Master
ECF Veteran
Verified Member
Jun 5, 2012
3,424
15,109
Michigan
Oops. caught a type. The document says they want to request and extension to March 8, 2020. Should be 2021 :D.
I saw that too, he addressed it on twitter and corrected the typo before submitting it.

 
Last edited:

Katya

ECF Guru
Supporting Member
ECF Veteran
Verified Member
Feb 23, 2010
34,804
120,147
SoCal
Last edited:

Katya

ECF Guru
Supporting Member
ECF Veteran
Verified Member
Feb 23, 2010
34,804
120,147
SoCal

WorksForMe

Ultra Member
Supporting Member
ECF Veteran
Verified Member
Sep 21, 2012
2,020
4,776
N.N., Virginia

MLEJ

Ultra Member
ECF Veteran
Apr 14, 2020
1,161
2,662
Received today from Mig Vapor:

TO OUR CUSTOMERS IN THE UNITED STATES
We Are Here To Stay

Many of you have been calling and asking after the September 9th FDA deadline, will we still be here in business?

The short answer is yes. We have been working for 3 years slowly paying as we could, to advance into the FDA submission requirements.

I am happy to inform you all, our submission will be sent before September 1st 2020

Yes it is costing more than we can afford, however we have been doing all we can. We will absolutely survive to help and continue to support all the Miggies out there.

-Team Mig Vapor

mail

We will do what ever it takes, so as to survive and support you our customers. We are not Big tobacco. We are America, and American small business, and by God I will fight to the last breath to help and continue to serve you.

- Wallace Moorman CEO

It's the 1st they've released anything about it. Let's hope other small players have been doing the same -- quietly doing what they need to do to survive... At least until the FDA rejects their products.
 

mikepetro

Vape Geek
ECF Veteran
Verified Member
Feb 22, 2013
10,224
81,686
67
Newport News, Virginia, United States
From Mitch Zeller:

Although we do not know how many applications will be submitted by the September deadline, we do know that there are over 400 million deemed products listed with FDA. Even if applications are submitted for only a portion of those products, the likelihood of FDA reviewing all of these applications during the one-year review period is low, given that this would be an unprecedented number of applications and several orders of magnitude greater than anything the Agency has experienced.

......

Consistent with the court order that set the Sept. 9, 2020 application deadline, for products with timely applications, FDA may continue to defer enforcement of the premarket requirements for up to one year through Sept. 9, 2021 (unless a negative action is issued by the FDA on an application during that time). Examples of negative actions include Refusal to Accept (RTA), Refusal to File (RTF), and a No Marketing Order (NMO).

......

Although CTP has greatly expanded its reviewing capacity and is developing well-defined, consistent and transparent review processes for all phases of premarket review, there are limits to these resources considering we may receive applications for several millions of products.

.....

Depending on the number of new applications we receive by the deadline—which could be anywhere from a few hundreds of thousands to millions—as a matter of practicality we may not be able to fully complete review of all tobacco product applications that we receive by Sept. 9, 2020 within the year.

.....

we plan to make publicly available a list of the deemed new tobacco products that are subject to the Sept. 9 deadline, were on the market as of Aug. 8, 2016, and for which a premarket application is submitted by Sept. 9, 2020. However, before doing so, we will need to ensure that the publishing of any such information complies with federal disclosure laws and regulations as only certain types of product information from applications can be lawfully disclosed.

....
 

zoiDman

My -0^10 = Nothing at All*
Supporting Member
ECF Veteran
Apr 16, 2010
41,622
1
84,747
So-Cal
From Mitch Zeller:

Although we do not know how many applications will be submitted by the September deadline, we do know that there are over 400 million deemed products listed with FDA. Even if applications are submitted for only a portion of those products, the likelihood of FDA reviewing all of these applications during the one-year review period is low, given that this would be an unprecedented number of applications and several orders of magnitude greater than anything the Agency has experienced.

....

That is one of the Best Things I have ever heard Mitch Zeller say.

BTW - Do you have a Link to the source?
 

BillW50

Vaping Master
ECF Veteran
Verified Member
Nov 23, 2014
3,429
34,412
US
Well knowing how much Big Tobacco and the Government hates vaping, I fully expect the FDA will be mailing millions of Refusal to Accept (RTA) letters on Monday, September 10. My understanding is the FDA doesn't have to state the reason for the refusal. Of course there will be lawsuits, but the Government will get the taxpayers to pay for it all anyway. And then drag it out until the e-cig community is bankrupted. :(

Then we enter into the new post September 10th era.

FDA Black Market.png
 

440BB

Vaping Master
ECF Veteran
Verified Member
Apr 19, 2011
9,227
34,009
The Motor City
It seems the "on the market" date is still in force for PMTA applications, so those products that came on the market after 8/8/16 don't qualify for PMTA or any extensions, right? Only "substantial equivalence" to approved products at some future date would apply if I recall correctly.
 

Users who are viewing this thread