Here's another article against the Deeming regs. It was picked-up by Yahoo.
FDA’s New E-Cig Regs Will Kill
This one is great. It was the first thing I saw when I turned on my computer this morning and the MSN news feed came up.
I said early on in this thread that I thought the Deeming would rapidly fade from public consciousness. Maybe I was wrong about that. The sheer audacity of the ruling and the absurdity of their public statements seems to have kicked up a lot of press reaction. Maybe our efforts can keep that reaction going for a while. Maybe the noise level will be enough to get some more support in Congress for the budget amendment.
It's so good I'll copy some excerpts here.
The Food and Drug Administration released its long awaited e-cigarette regulations on Thursday. Vapers’ worst fears are confirmed—these regulations will destroy the burgeoning industry.
Though the FDA marketed its regulations as restrictions on minors who purchase tobacco products, the 499-page
release contains far more. Perhaps the most ridiculous FDA claim is that these regulations will lead to increased innovation—even though the agency admits that
99 percent of the market will not be able to comply.
Page 267 of the regulations, “FDA believes that [premarket review] (and the deeming rule as a whole) will not stifle innovation but could, instead, encourage it.” This is a nonsensical claim that could only be made by a government agency.
While the FDA repeatedly claims that its regulations will lead to “significant public health benefits,” what the regulations will actually do is consolidate the sprawling, dynamic vaping industry into the hands of two tobacco giants, Altria Group (the parent company of Phillip Morris) and R.J. Reynolds. These companies are likely the only ones that can afford to navigate the FDA’s lengthy and costly approval process. As Wells Fargo analyst Bonnie Herzog stated after reviewing the regulations, “Although these [regulations] could stifle innovation, we believe this could be a net positive for big tobacco.”
Big tobacco companies are naturally enthusiastic about the coming closures of their small competitors. Without pressure to compete, these large corporations can enjoy the profits of what will become a government-created vaping duopoly. However, consumers lose. Because of the FDA, they will have fewer choices and be robbed of the innovation that has brought vaping from a clumsy oddity to a viable alternative to cigarettes.
One only needs to talk to an ex-smoker who quit by vaping to find out that, the more advanced the device and liquid technology becomes, the easier it is for cigarette smokers to kick their habits in favor of another nicotine delivery system. Policymakers should be doing everything in their powers to encourage this change. The UK’s Royal College of Physicians finds that vaping is
95 percent less harmful than smoking cigarettes. If these new regulations are allowed to fully take effect, they will bring an early death to many people.
The FDA says that it is trying to improve Americans’ health. However, by myopically treating vaping in nearly the same manner as cigarette smoking, the FDA’s regulations will cartelize a growing industry that had the potential to alleviate the many health risks (and associated public healthcare costs) from cigarettes. Now only Congress can save the Americans vapers and smokers from FDA overreach.
Jared Meyer is a fellow at the Manhattan Institute for Policy Research, which publishes Economics 21 where this column originally appeared.