Deeming Regulations have been released!!!!
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August 9, 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,
The vapor industry and its consumers have been issued a stay of execution and the nation's got a new Top Doc. With the big announcement out of the FDA, will America be a safe space for vaping? Not if 13 Senate Democrats get their way. And if you haven't subscribed to The Smoke and Mirrors Podcast, check out Episode Two, where Brian Fojtik and I break down the decision from the FDA. Listen, share, subscribe, and leave a review on iTunes, Google Play, or your podcast hosting platform of choice!
As always - if you've got suggestions, tips, or information you'd like me to share, shoot them my way at pblair@atr.org.
--
Paul Blair
Strategic Initiatives Director
Americans for Tax Reform
FDA Delays PMTA Filing Deadlines by Four Years
First, the news we've all been waiting for and the news many of us have been working towards. The FDA announced "a new comprehensive plan for tobacco and nicotine regulation that will serve as a multi-year roadmap to better protect kids and significantly reduce tobacco-related disease and death." Most significant to readers of this newsletter was the announcement that the deadline for submitting tobacco product review applications (PMTAs) for newly deemed products (vapor products) was delayed from November of 2018 to August of 2022.
Significant in this announcement was also this realization from the FDA: "A key piece of the FDA’s approach is demonstrating a greater awareness that nicotine – while highly addictive – is delivered through products that represent a continuum of risk and is most harmful when delivered through smoke particles in combustible cigarettes." This is an extremely important acknowledgement from the agency.
But, the flavors. This good news didn't come without a warning or call to action for the industry. In the announcement, the FDA announced an intent to seek input from the public on the best way to regulate "kid-appealing flavors in e-cigarettes." This process will play out through an "Advanced Notice for Proposed Rulemaking" (ANRP) in the future, a lengthy and more transparent process with an opportunity for public input, the agency suggests.
I've long said +90% of the issues associated with flavors are best dealt with by a more sophisticated industry that doesn't rip intellectual property and copyrighted materials or characters from other businesses or industries. The FDA has signaled that absent better self-regulation, the agency itself will act. The agency has given the vapor industry more time to act and there are plenty of examples elsewhere in which self-regulation has stymied destructive regulations. A great example of this is what the Motion Picture Association of America, founded in 1922 to resist growing calls for censorship, continues to do to this day in its regulation of the film industry. No law mandates specific movie standards and the industry regulates and governs itself by imposing restrictions on marketed and advertised products. Think on it and send me your thoughts.
VIDEO: ATR President Grover Norquist on HBO's VICE News
Senate Democrats Attack Decision to Delay Prohibition Day
The week after the FDA announced that the entire vapor industry wouldn't have to shut down next year, 13 Senate Democrats penned a letter to the FDA expressing their discontent with the decision, with a specific focus on their interest in banning flavors. A few excerpts:
New Surgeon General Rejects Opportunity to Demonize Vaping
The nation's Top Doc had his first national public interaction on the topic of vapor products during his Senate confirmation hearing last week. (He's since been confirmed.) A question came from Senator Maggie Hassan (D-N.H) who asked Dr. Adams about the delay of the PMTA filing deadlines and whether he believed it was contradictory to the 2016 Surgeon General's report warning of the dangers vapor products posed to children, largely due in part to flavored products like cotton candy and bubble gum and their appeal to youth.
His response?
"Decreasing the number of people who are consuming both tobacco and nicotine-related products is of upmost importance from a public health point of view. I think it’s important we distinguish between never-smokers and current smokers. And there’s actually a debate going on in the public health community worldwide about the benefits of e-cigarettes and vaping and I think it’s because people are confusing the two..."
The interaction continues but Dr. Adams didn’t take the bait and didn’t demonize flavors, which was the intent of the whole line of questioning. This marks a shift in sentiment about vapor products and signals that from the FDA to the Surgeon General's office, there is an openness to conversations about what logical and fact-based public policy looks like as it relates to tobacco harm reduction. I count this as another win.
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,
The vapor industry and its consumers have been issued a stay of execution and the nation's got a new Top Doc. With the big announcement out of the FDA, will America be a safe space for vaping? Not if 13 Senate Democrats get their way. And if you haven't subscribed to The Smoke and Mirrors Podcast, check out Episode Two, where Brian Fojtik and I break down the decision from the FDA. Listen, share, subscribe, and leave a review on iTunes, Google Play, or your podcast hosting platform of choice!
As always - if you've got suggestions, tips, or information you'd like me to share, shoot them my way at pblair@atr.org.
--
Paul Blair
Strategic Initiatives Director
Americans for Tax Reform
FDA Delays PMTA Filing Deadlines by Four Years
First, the news we've all been waiting for and the news many of us have been working towards. The FDA announced "a new comprehensive plan for tobacco and nicotine regulation that will serve as a multi-year roadmap to better protect kids and significantly reduce tobacco-related disease and death." Most significant to readers of this newsletter was the announcement that the deadline for submitting tobacco product review applications (PMTAs) for newly deemed products (vapor products) was delayed from November of 2018 to August of 2022.
Significant in this announcement was also this realization from the FDA: "A key piece of the FDA’s approach is demonstrating a greater awareness that nicotine – while highly addictive – is delivered through products that represent a continuum of risk and is most harmful when delivered through smoke particles in combustible cigarettes." This is an extremely important acknowledgement from the agency.
But, the flavors. This good news didn't come without a warning or call to action for the industry. In the announcement, the FDA announced an intent to seek input from the public on the best way to regulate "kid-appealing flavors in e-cigarettes." This process will play out through an "Advanced Notice for Proposed Rulemaking" (ANRP) in the future, a lengthy and more transparent process with an opportunity for public input, the agency suggests.
I've long said +90% of the issues associated with flavors are best dealt with by a more sophisticated industry that doesn't rip intellectual property and copyrighted materials or characters from other businesses or industries. The FDA has signaled that absent better self-regulation, the agency itself will act. The agency has given the vapor industry more time to act and there are plenty of examples elsewhere in which self-regulation has stymied destructive regulations. A great example of this is what the Motion Picture Association of America, founded in 1922 to resist growing calls for censorship, continues to do to this day in its regulation of the film industry. No law mandates specific movie standards and the industry regulates and governs itself by imposing restrictions on marketed and advertised products. Think on it and send me your thoughts.
VIDEO: ATR President Grover Norquist on HBO's VICE News
Senate Democrats Attack Decision to Delay Prohibition Day
The week after the FDA announced that the entire vapor industry wouldn't have to shut down next year, 13 Senate Democrats penned a letter to the FDA expressing their discontent with the decision, with a specific focus on their interest in banning flavors. A few excerpts:
- “There is no reason for the Agency to delay oversight of newly-regulated tobacco products, including electronic cigarettes (e-cigarettes) and cigars that contain kid-appealing flavors and are actively marketed to children.”
- “The FDA is failing in its commitment to safeguard public health, especially for children.”
- “The FDA’s recent announcement allows flavored products - that are clearly targeted to youth - to remain on the market until 2022.”
- “There is already sufficient evidence about the risks flavored tobacco products pose for youth initiation for FDA to issue a proposed rule to prohibit use of flavors.”
New Surgeon General Rejects Opportunity to Demonize Vaping
The nation's Top Doc had his first national public interaction on the topic of vapor products during his Senate confirmation hearing last week. (He's since been confirmed.) A question came from Senator Maggie Hassan (D-N.H) who asked Dr. Adams about the delay of the PMTA filing deadlines and whether he believed it was contradictory to the 2016 Surgeon General's report warning of the dangers vapor products posed to children, largely due in part to flavored products like cotton candy and bubble gum and their appeal to youth.
His response?
"Decreasing the number of people who are consuming both tobacco and nicotine-related products is of upmost importance from a public health point of view. I think it’s important we distinguish between never-smokers and current smokers. And there’s actually a debate going on in the public health community worldwide about the benefits of e-cigarettes and vaping and I think it’s because people are confusing the two..."
The interaction continues but Dr. Adams didn’t take the bait and didn’t demonize flavors, which was the intent of the whole line of questioning. This marks a shift in sentiment about vapor products and signals that from the FDA to the Surgeon General's office, there is an openness to conversations about what logical and fact-based public policy looks like as it relates to tobacco harm reduction. I count this as another win.
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
Podcast: Breakdown of the recent easing/slow-down of the Deeming Regs by FDA's Scott Gottlieb.
The Smoke and Mirrors Podcast: Donald Trump’s FDA Commissioner Saves Vapers
The Smoke and Mirrors Podcast: Donald Trump’s FDA Commissioner Saves Vapers
Generally the same cast of characters as usual for the most part.
Some names missing, some new ones added.
All a bunch of crooks.
Someone should take trays of snacks to these meetings.
One tray of plain ole soda crackers and other trays of cookies and cakes/muffins, fruits.
Sit back and watch them eat...
I bet not many soda crackers get eaten.
Then be the last person to speak...
One tray of plain ole soda crackers and other trays of cookies and cakes/muffins, fruits.
Sit back and watch them eat...
I bet not many soda crackers get eaten.
Then be the last person to speak...
Here's an article that specifically and correctly states the difference between smoking and vaping and correctly separates vaping from the risks of smoking.
Vaping has less than 1% the cancer risk of tobacco smoke [new study] - Vaping360
Vaping has less than 1% the cancer risk of tobacco smoke [new study] - Vaping360
Retired - Harry Reid, Barbara Boxer, Jay Rockefeller, Tom Harkin...
Up for re-election in 2018 - those that have signed letters, etc. at one time or another:
Sherrod Brown (D-OH)
Diane Feinstein (D-CA)
Elizabeth Warren (D-MA)
Sheldon Whitehouse (D-RI)
Bob Menendez (D-NJ)
Save the kids! Save the kids! Whatever happened to choice and tolerance these pols have preached to us for decades?
It's only tolerance for things THEY don't disapprove of.
I really want Feinstein out. She is far too old and senile to be in office anymore. Been pushing against her the last 4 elections but it's tough fighting against the illegal vote and despite what they try and say Here she n Cali they vote in droves and always for Dems(got lots of neighbors that are illegal that vote every election by mail). Going to be even harder this time because of the whole sanctuary thing.
Profile of the Unauthorized Population:
California
Demographics Estimate % of Total Unauthorized Population 3,019,000
Profile of the Unauthorized Population - CA
Giving Driver's Licenses to Illegal Aliens Makes Illegal Voting a Real Possibility
California
Demographics Estimate % of Total Unauthorized Population 3,019,000
Profile of the Unauthorized Population - CA
Giving Driver's Licenses to Illegal Aliens Makes Illegal Voting a Real Possibility
Scenario 1-
- Your link estimating the number of illegals is accurate, and
- AB60 was in effect in 2012 ( note, it wasn't ! ), the last time Feinstein ran, and
- Every single one of those illegals ( including infants and children ), somehow ended up on the voting roll, and
- Every single one of them ( including infants and children )voted for Feinstein, and
- A mistake of 131,000 votes was made in favor of Feinstein in adding up the tallies since the total of illegals still doesn't add up to her margin of victory.
or
Scenario 2-
-There are more American citizens in the state of California who vote Democratic than they do Republican.
Which scenario do you find more likely Kent ?
There shouldn't be ANY votes cast by those who are here illegally.
The rest is interesting to talk about though.
The rest is interesting to talk about though.
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