The legal action is completely separate from the legislative action. This isn't a situation where you can ask Congress not to act until a District Court rules. It's attached to an appropriations bill, which won't be held up for one small amendment to it.
Deeming Regulations have been released!!!!
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The legal action is completely separate from the legislative action. This isn't a situation where you can ask Congress not to act until a District Court rules. It's attached to an appropriations bill, which won't be held up for one small amendment to it.
Well sure, if the FDA decided to do something intelligent that would be an excellent outcome. The chances of that are about the same as me going to Mars. Sure, it could conceivably happen, but I'd put money on my never seeing the surface of that planet in person.
I think if Cole Bishop makes it through it would give the FDA an opportunity to redraft in compliance with the law and give them a face saving way of making further changes. The court ruling, who knows what that will do?
It's just hard to say what a New HHS Secretary and New FDA Commissionaire might do?
And when it comes to the Predicate Date, the FDA says Only Congress can change that Date.
Is that True?
Essentially yes, they claim they're bound by law to the 2007 predicate date. Whether a court will agree with that interpretation is unknown. Legislation changing that date provides a clear guideline the FDA must abide by.
See that's where I just Don't Know.
If the FDA can set the Predicate Date, Great. Let's get someone in FDA/TCC to Change it.
If congress needs to, well, that might Not be so good.
That's the thing. They're claiming that date was set by the Tobacco Control Act signed in 2009 that grandfathered in stuff from 24 months before the legislation passed (2007). Of course in 2009, there wasn't much talk about ecigs to begin with, so by choosing to enact rules under the TCA, you effectively ban everything from the past 7 years (from 2009). That's the technicality causing the whole thing, and the reason Cole Bishop clarifies the predicate date.
I wish they would just kill the ability for all these agencies (ATF, FDA, DEA, etc) to essentially create their own laws without going through the proper legislative channels. Leave the law making to the legislators and then let these agencies enforce them. This isn't the first time these agencies have done this and it won't be the last unless we tell them it's not okay.
The regulators hide behind the 2009 tobacco act so they'll tell you they are guided by legislation.
Didn't Congress have the Opportunity to Challenge any or all parts of the Deeming when the Final Rule set was sent to them by the FDA?
No the FDA has written the deeming regs based upon the tobacco control act and retro fitted vaping into that legislation by stating: "everything vaping is derived from tobacco and congress gave us control of tobacco in 2007." At no time in this process is the legislative branch blessing/oversight required.
Au Contraire.
Regulatory agencies are not All Powerful. And Congress has the Power to Challenge Any New Regulation via the Congressional Review Act.
The FDA doesn't/didn't need the Approval of Congress to Publish the Deeming Rule Set. But that wasn't the Question I asked. I asked could Congress have Challenged any or all parts of the FDA's Deeming.
Congress gives the agencies the power to write the rules, and they have the ability to review and strike them down. However, that would require work and expertise, and Congress doesn't usually have the expertise, and doesn't want to do the work, which is why they give the agencies the power in the first place.
I don't really want my congressmen writing public health policy, but in cases like this I don't trust the FDA to do it either.
I don't think Congress has Any problem getting Expertise on a Regulatory Matter.
But now do they want to Do the Work (as you mentioned), or to Make a Fuss over some 2nd Class Citizens like Smokers or Vapers? Just because the FDA has Overstepped their Authority?
That has Yet to be Seen.
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