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secretkeeper

Unregistered Supplier
Jul 13, 2016
17
1
Raleigh NC
Dear Ms. Music,

Thank you for taking the time to contact me about the Food and Drug Administration’s (FDA) Deeming Authority rule announced May 5, 2016, concerning tobacco products. I understand that your time is important, so whenever you feel strongly enough about an issue to reach out, I will certainly treat your thoughts with the utmost consideration.

As you may know, the Family Smoking Prevention and tobacco Control Act (FSPTCA) was signed into law in 2009 by President Obama. While this legislation provided the FDA with the authority to regulate cigarettes and many other tobacco products, it also created a regulatory framework for the agency to deem new products. Through the deeming of new products, the FDA could extend their regulatory authority to products that may have not been on the market prior to this legislation being signed into law. However, the FSPTCA also included a grandfathering provision to exempt products that had been brought to market before the agency’s regulation was published and finalized such as electronic cigarettes.

On May 5, 2016, the FDA announced their final rule which greatly expanded their regulatory authority over existing and new tobacco products. This rule did not utilize the grandfather provision included in the FSPTCA and instead will have far reaching implications for related industries including premium cigars, electronic cigarettes, vaping devices, and pipe tobacco.

The FDA Deeming Authority Clarification Act was introduced to clarify the date that the FDA could apply their new regulations to products. H.R. 2058, which I have cosponsored, makes the important clarification that a product is not subject to prior review by the FDA if it has been introduced to the market before that type of product is deemed a tobacco product. It is also worth noting that the House Committee on Appropriations also included a provision in this year’s Agriculture Appropriations Bill limiting any funding for the FDA to enforce, implement, or extend their regulatory authority to products that may have not been on the market prior to the date of the FDA published rule of May 5, 2016. As Congress further considers the FDA’s deeming rule, I will be sure to keep your letter and thoughts in mind.

I always enjoy hearing from my constituents, and I really appreciate your message. If you would like to receive periodic updates on some of the many issues facing our country, please sign up for my e-newsletter on my website or follow my Twitter and Facebook accounts. Please keep in touch – I count on people like you to be my extra set of eyes and ears in the 13th Congressional district.





Sincerely,
XY2Z1-Ev9TMGnO7xTw0kha9nfaW_lV9eskEtjp7dR4bnbBpJonXsKIZGDzJ4i6_pVmZp6BNAeOP9pQhQD_7u-2iUMNavsJD0sSeWd8bP8jJOM5aThjr4AhwRHqLBVVh0=s0-d-e1-ft

George Holding
Member of Congress

(13th District, North Carolina)
 

secretkeeper

Unregistered Supplier
Jul 13, 2016
17
1
Raleigh NC
The strongest defense against the FDA e-liquid deeming regulations is the economic impact law that says and we paraphrase here: any act that creates an negative impact of over 100 million dollars on the GNP is subject to congressional review PRIOR to ratification. Our elected officials are not doing what we hired them for...at the same time as we are subject to onerous burdens a big producer launched a new nicotine product - a glossy brochure with a perforated coupon mailed to private consumers. There is a handshake behind closed doors as smirking big-pocketed companies get a help from government agencies in private money plays to wipe out small business...don't doubt it. This rule backdated to 2007 was a big money play and it was not for the public health.
 
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secretkeeper

Unregistered Supplier
Jul 13, 2016
17
1
Raleigh NC
Dear Ms. Music:

Thank you for taking the time to share your thoughts regarding H.R. 2058, the FDA Deeming Authority Clarification Act of 2015. I appreciate hearing from you.

As you know, the U.S. Food and Drug Administration (FDA) is expected to finalize regulations for electronic cigarettes in 2015. In a bizarre example of the Obama administration creating novel definitions to words with otherwise plain meaning, the FDA has decided to regulate electronic cigarettes as tobacco products even though electronic cigarettes do not contain tobacco. These regulations will apply to e-cigarettes released into the market after February 15, 2007. Since the majority of these products did not exist prior to this date, nearly all e-cigarette products will be affected by these new regulations coming out of FDA.

On April 28, 2015, Representative Tom Cole (R-OK) introduced H.R. 2058, which was referred to the House Energy and Commerce Committee before being referred to the Subcommittee on Health. If enacted, H.R. 2058 would prevent FDA from banning tobacco products that have been introduced to the market after 2007.

I understand your concerns with the Federal Drug Administration's regulation of electronic cigarettes and agree that e-cigarettes should not be subject to tobacco product regulations, since they are, in fact, products that contain exactly no tobacco. The out-of-control executive branch regulatory regime has hurt our economy, as evidenced by the unacceptable economic stagnation we have been experiencing for far too long. If H.R. 2058 comes before the Senate, I will support it.

Again, thank you for taking the time to contact me. It is important to hear from citizens on issues that affect the state and the nation. Please do not hesitate to get in touch with me again about other important issues.



Sincerely,

-3lTw17BSr5Qy6cdh9I3QjAxgW2jMTqxV2b2G1mn-FEzxVTwY3DkIflJdW7KT7yXYqRGBcszKrB6PeWv02L9j2ySVJBK4LBx5NfTLcUUDYJ2nimMsLLleZbNBdpKnt_IYP1xo7yrOEWc3A=s0-d-e1-ft
Thom Tillis
U.S. Senator
 
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