The Cole-Bishop amendment (i.e. Section 753 of the 2018 House Agricultural Appropriations Bill
on pages 99-103) would:
https://appropriations.house.gov/uploadedfiles/bills-115hr-sc-ap-fy2018-agriculture-agriculture.pdf
https://appropriations.house.gov/uploadedfiles/bills-115hr-sc-ap-fy2018-agriculture-agriculture.pdf
- Amend 2009 Tobacco Control Act to define and regulate vapor products as tobacco products;
- Codify and amend FDA Deeming Rule into federal law to further regulate/ban vapor products;
- Preserve FDA's 8/8/2016 ban on sales of new vapor products and truthful health claims about vapor products, and FDA’s PMTA and MRTP requirements to market vapor products;
- Require DHHS/FDA to “promulgate a final rule” by March 2021 that imposes TCA authorized tobacco product standards for vapor products "to include but not limited to – (A) characterizing flavors; and(B) batteries" that could ban many, most or virtually all Premium Vaporizers and e-liquid products (17 months before FDA's 8/8/2022 vapor sales ban);
- Require DHHS/FDA to impose a TCA authorized tobacco product advertising regulation limiting vapor ads to primarily adult media, and a TCA authorized tobacco marketing regulation that prohibits vending machines and self-service vapor sales in stores that allow youth access;
- Require DHHS/FDA to “promulgate final regulations” by March 2019 “to require” TCA authorized tobacco product warning labels on vapor products saying "Keep out of reach of children", "Underage Sale Prohibited" and listing the product’s nicotine content;
- Change the predicate date for all FDA Deemed tobacco products (not just vapor products) from 2/15/2007 to 8/8/2016; and
- Protect cigarettes and tobacco companies by making it virtually impossible for vapor advocates to convince Congress or FDA to establish reasonable and responsible standards that allow most very low risk vapor products to remain on the US market (e.g. Duncan Hunter’s bill - HR 2194)
H.R.2194 - 115th Congress (2017-2018): Cigarette Smoking Reduction and Electronic Vapor Alternatives Act of 2017
For more details, please see
Bill Godshall: Tobacco industry funding recipients and duped vaping advocates urge Congress to insert Cole-Bishop amendment in 2018 Federal Spending Bill
Big Tobacco funded groups urge Congress to include Cole-Bishop amendment in 2018 Spending Bill
and
Bill Godshall: Clarifying Cole-Bishop’s Impact on the Vapor Industry (January 9, 2018)
Clarifying Cole-Bishop's Impact on the Vapor Industry