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,
George Holding
Member of Congress
(13th District, North Carolina)