I got a response to my email from Rep Rokita re HR2058. Reads like a scripted response.
Not quite the answer we all hope for but better than downright negative response.
Re: MAIL ON H.R.2058 FDA Deeming Authority Clarification Act of 2015
November 2, 2015
Dear Mrs. C.....,
Thank you for contacting me regarding H.R. 2058, the FDA Deeming Authority Clarification Act of 2015. It is good to hear from you.
As you may know, Congress passed the
tobacco Control Act2009. For the first time, this law gave the Food and Drug Administration (FDA) broad authority to regulate tobaccothe United States. E-vapor products are not currently subject to the
tobacco Control Act and are largely unregulated.
The
tobacco Control Act requires premarket authorization for new tobacco products. Traditional tobacco products, such as cigarettes, are considered "new" if they were not being marketed as of February 15, 2007. The proposed FDA rule would apply this same timeline, known as the grandfather date, to any newly deemed product, including e-vapor products. However, because e-vapor products were not widely available before February 15, 2007, this proposed rule would present a significant hurdle for e-vapor products.
On April 25, 2014, the FDA published a proposed rule that would subject cigars, e-vapor products, and other tobacco products to the Tobacco Control Act. If enacted, this rule would require ingredient listing and health warnings for these newly deemed products. Additionally, this rule would prohibit the sale of these products to minors, prohibit vending machine salesfacilities that allow minors to enter, and prohibit the use of modified risk descriptors such as "light", "low", and "mild" for these products.
As you may know, H.R. 2058 was introduced by Representative Tom Cole of Oklahoma on April 28, 2015, and was referred to the House Energy & Commerce Committee. This legislation would change the date for deemed tobacco products from February 15, 2007, to twenty-one months after the enactment of the Family Smoking Prevention and Tobacco Control Act. While I have not reached a final decision on this legislation, please be assured that I will keep your views in mind.
Again, thank you for contacting me and please staytouch as I continue fighting for all people so they can build better lives for themselves and their families.
Sincerely,
Todd Rokita Member of Congress