Deeming Regulations have been released!!!!
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My favorite sport is Wife-spanking but I digress...sorry. 
I know some of us are more open minded, but I prefer that you ask before spanking my wife. I can't speak for anyone else though...My favorite sport is Wife-spanking but I digress...sorry.
Well, then, I'll consider myself thoroughly unchastized... um... despanked... er... yeah, whatever...
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I'm just standing in line to be spanked!
I've been a baaaad boy!
Yeah, but find out who's doing the spanking first or you might be in for an unexpected surprise.
Didn't we go through this with the Ag Appropriations a year ago and it got trimmed out when reconciled between the House and Senate? It's starting to feel like Groundhog Day.
Don't feel bad, I have gotten used to the "look", and to the "frying pan".
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Didn't we go through this with the Ag Appropriations a year ago and it got trimmed out when reconciled between the House and Senate? It's starting to feel like Groundhog Day.
It never went to reconciliation last year. Congress didn't pass a 2017 budget until May of this year, and then they passed an omnibus spending bill. They had a lot of other things going on, and wanted to pass something quickly.
Basically they stripped all the controversial items out of the individual bills, and lumped everything together into one huge bill. Hopefully they do this the right way this year, and this amendment will make it into the final bill.
Interestingly, Congress.gov doesn't show that the House Agriculture Subcommittee has passed anything yet.
Appropriations for Fiscal Year 2018 - Congress.gov Resources -
Oh geez, if we need to wait for Congress to do anything the right way, I might as well go back to stashing more stuff in the vapocalypse shelter.
Here is the subcommittee draft bill. Halfwheel says that it was passed without any changes and sent to the full Agriculture committee. The part about ecigs is on page 99, Sec. 753.
I haven't looked at the Cole/Bishop stand alone bill for a while, but this amendment to the budget bill looks about the same.
https://appropriations.house.gov/UploadedFiles/BILLS-115HR-SC-AP-FY2018-Agriculture-Agriculture.pdf
BTW: Thanks @Fozzy71 for letting us know about this.
I haven't looked at the Cole/Bishop stand alone bill for a while, but this amendment to the budget bill looks about the same.
https://appropriations.house.gov/UploadedFiles/BILLS-115HR-SC-AP-FY2018-Agriculture-Agriculture.pdf
BTW: Thanks @Fozzy71 for letting us know about this.
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Stocked for life, not worried about it.
It is what will be available for the new quitters and stymied innovation that bothers me most.
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July 5, 2017
Vapor News and Views
News and views on vapor tax and regulatory issues from across the United States. The best way to stay up to date with what's happening in Washington and in your state capitol.
Friends,
Hope everyone enjoyed celebrating the original and best Brexit yesterday! Things have been slow for the vapor industry in Washington since passage of the FY17 omnibus appropriations package but It’s that time again... Last week the House Agriculture Appropriations Bill for FY18 was released. Is a "flavor ban" imminent? My take below. Trump also has nominated a new surgeon general and Reason's Brian Fojtik and I just launched a show, "The Smoke and Mirrors Podcast." Take a listen, subscribe, and share with your friends !
--
Paul Blair
Strategic Initiatives Director
Americans for Tax Reform
New Product Standards for "Characterizing Flavors" Imminent?
The 2018 House Agriculture Appropriations Bill was just released and it includes an additional statutory obligation for Health and Human Services Secretary Tom Price (and by extension FDA Commissioner Scott Gottlieb) to issue proposed rules on "characterizing flavors." There are a few ways to view the new appropriations language:
My take: The FDA already has the authority to implement product and flavor standards; this is not a new authority, even if it is an expedited mandate. Given the political climate, the best hope for regulatory relief is the FDA itself, not Congress. The FDA must either adopt a new predicate date or delay deadlines by at least two years. While working a Congressional "solution" is important, it's only one cog in the wheel that saves the industry from ultimate prohibition.
As a side, I am hopeful and optimistic that FDA Commissioner Gottlieb understands that any product standards must weed out bad actors with improper manufacturing and advertising practices while protecting the right of businesses to produce high quality products in countless flavors and options. I am also hopeful that he recognizes that if product and by extension flavor standards are punted to the next administration, this industry and its millions of consumers are in big trouble.
The Smoke and Mirrors Podcast
I'm excited to announce that Brian Fojtik of the Reason Foundation and I have joined forces for a semi-regular podcast that will cover a wide range of topics, including "fake science" and tobacco harm reduction. "The Smoke and Mirrors Podcast" is available here and can be streamed through iTunes, Google Play, and other podcasting platforms. Click here to listen to our first episode entitled "Fake News and Fake Science," an introduction to the podcast and future episodes!
And if you're a big fan of podcasts, I recently joined Julie Gunlock of the Independent Women's Forum for their Working for Women Podcast to talk about "how vaping regulations harm those trying to quit smoking." To listen, click here!
New Surgeon General Nominee Announced Today
President Trump has nominated Dr. Jerome M. Adams to be the nation's next top doctor. Dr. Adams was trained as an anesthesiologist and currently serves as the Indiana State Health Commissioner, first appointed under Governor Mike Pence and reappointed by the current governor. Adams appears to be a supporter of harm reduction, having overseen a controversial needle exchange program that became necessary as a result of intravenous drug use along the Kentucky border and the rising H.I.V. cases that resulted. Might this translate to an embrace of tobacco harm reduction? Time will tell.
If confirmed, he would replace acting surgeon general Sylvia Trent-Adams who has held the post since Donald Trump fired Vivek Murthy. (Recall: ATR called for Trump to fire Murthy immediately after his misguided crusade against vapor products last year).
If you think this email was informative please do forward to friends or colleagues who might be interested in Vapor News and Views! They can subscribe by clicking here.
And if you can't get enough... If you crave even more exclusive information... If want to know more about what's going on in Washington and around the country, get your premium content even quicker with a subscription to Vapor News and Views Pro by emailing me at pblair@atr.org
Vapor News and Views
News and views on vapor tax and regulatory issues from across the United States. The best way to stay up to date with what's happening in Washington and in your state capitol.
Friends,
Hope everyone enjoyed celebrating the original and best Brexit yesterday! Things have been slow for the vapor industry in Washington since passage of the FY17 omnibus appropriations package but It’s that time again... Last week the House Agriculture Appropriations Bill for FY18 was released. Is a "flavor ban" imminent? My take below. Trump also has nominated a new surgeon general and Reason's Brian Fojtik and I just launched a show, "The Smoke and Mirrors Podcast." Take a listen, subscribe, and share with your friends !
--
Paul Blair
Strategic Initiatives Director
Americans for Tax Reform
New Product Standards for "Characterizing Flavors" Imminent?
The 2018 House Agriculture Appropriations Bill was just released and it includes an additional statutory obligation for Health and Human Services Secretary Tom Price (and by extension FDA Commissioner Scott Gottlieb) to issue proposed rules on "characterizing flavors." There are a few ways to view the new appropriations language:
- Oh No!: The “characterizing flavors” ban for cigarettes is most frequently affiliated with its use within the Family Smoking Prevention & tobacco Control Act (TCA). This act banned cigarettes that were not tobacco or menthol flavored. The ban did not extend to other tobacco products and does not currently apply to vapor products. The appearance of this term in the 2018 House Agriculture Appropriations Bill in reference to standards for vapor products was a surprise to many, including well-connected businesses and associations. It's a tobacco control term and without more clearly delineated regulatory parameters for what exactly these standards are or should be, one could imagine FDA standards that impose onerous restrictions on vapor flavors in the same exact way they have on tobacco flavors for the exact same reasons. All non-tobacco and menthol flavors are appealing to kids and make tobacco products, generally, more hip, cool, and desirable. That’s their narrow-minded argument, of course.
- Let's Work the Process and Assess Where We're At: Whoever insisted this language be included in the base bill is clearly concerned that the industry hasn't given enough concessions in exchange for a legislative change to the predicate date. I'd strongly disagree but... Their intent may not be an actual flavor ban. Instead, they may just simply want a clearly defined timeframe for the implementation of good manufacturing standards and practices. While the FDA is already empowered to create these standards, they've yet to do so and Congress is always anxious to do "something" on issues of importance, even if it's not absolutely necessary. If some sort of standards for all vapor products are not promulgated by the end of the Trump Administration, the alternative paradigm may not be optimal. Does anyone want activist Democrats overseeing said standards?
My take: The FDA already has the authority to implement product and flavor standards; this is not a new authority, even if it is an expedited mandate. Given the political climate, the best hope for regulatory relief is the FDA itself, not Congress. The FDA must either adopt a new predicate date or delay deadlines by at least two years. While working a Congressional "solution" is important, it's only one cog in the wheel that saves the industry from ultimate prohibition.
As a side, I am hopeful and optimistic that FDA Commissioner Gottlieb understands that any product standards must weed out bad actors with improper manufacturing and advertising practices while protecting the right of businesses to produce high quality products in countless flavors and options. I am also hopeful that he recognizes that if product and by extension flavor standards are punted to the next administration, this industry and its millions of consumers are in big trouble.
The Smoke and Mirrors Podcast
I'm excited to announce that Brian Fojtik of the Reason Foundation and I have joined forces for a semi-regular podcast that will cover a wide range of topics, including "fake science" and tobacco harm reduction. "The Smoke and Mirrors Podcast" is available here and can be streamed through iTunes, Google Play, and other podcasting platforms. Click here to listen to our first episode entitled "Fake News and Fake Science," an introduction to the podcast and future episodes!
And if you're a big fan of podcasts, I recently joined Julie Gunlock of the Independent Women's Forum for their Working for Women Podcast to talk about "how vaping regulations harm those trying to quit smoking." To listen, click here!
New Surgeon General Nominee Announced Today
President Trump has nominated Dr. Jerome M. Adams to be the nation's next top doctor. Dr. Adams was trained as an anesthesiologist and currently serves as the Indiana State Health Commissioner, first appointed under Governor Mike Pence and reappointed by the current governor. Adams appears to be a supporter of harm reduction, having overseen a controversial needle exchange program that became necessary as a result of intravenous drug use along the Kentucky border and the rising H.I.V. cases that resulted. Might this translate to an embrace of tobacco harm reduction? Time will tell.
If confirmed, he would replace acting surgeon general Sylvia Trent-Adams who has held the post since Donald Trump fired Vivek Murthy. (Recall: ATR called for Trump to fire Murthy immediately after his misguided crusade against vapor products last year).
If you think this email was informative please do forward to friends or colleagues who might be interested in Vapor News and Views! They can subscribe by clicking here.
And if you can't get enough... If you crave even more exclusive information... If want to know more about what's going on in Washington and around the country, get your premium content even quicker with a subscription to Vapor News and Views Pro by emailing me at pblair@atr.org
So, Dr. Adams was the Indiana State Health Commissioner when Vice President Pence, then Governor, signed that vaping legislation that was ruled unconstitutional which tried to direct all business to a small handful of "special" people and otherwise close down vaping in IN? Good times.
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