Actually, the Cole amendment has some favorable directives over 2058. Both would prevent enforcement of the 2007 date. While the Cole amendment does still require additional warnings and place new limits on advertising, it requires the FDA to clearly state the standards to be used in evaluating any future products. Right now, there really is no information on how an application will be reviewed and what is required for approval. Establishing those standards in advance (12 months) would provide industry a path to dispute those standards should they turn out to be utterly cumbersome to ever expect any product from gaining approval.
Rather than waiting for the two year period to expire and then sit
through another year of awaiting an approval as the current Deeming regulation lay out (yeah, good luck they would ever approve a new
tobacco product for sale unless the applicant has the kind of deep pockets BT has), the process would be far more transparent, and if the standards are truly onerous, serve as an excellent basis to establish challenges to overreaching regulation. Under 2058, we might get to keep whatever is currently on the market, but with the Cole amendment, and a opportunity to review and challenge the approval process before implementation, there could still be innovation and new products brought to us.
I'm all for supporting both, but regardless of which, if either, passes, I'd much rather force the FDA to publicly produce standards for the review process before enforcement. It's the best way to assure not only what we currently have will be grandfathered in, but new product approval might not be as daunting as they otherwise might be. I can live with that even if it means some labeling changes and enforcement of the underage restriction. As to advertising, well, personally outside of BT, there's not a lot of
vaping ads out there in the media, and the net will be unaffected, which is where most of us get our info about this stuff anyway.