Tuesday May 10th community events

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DC2

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My point is fairly obvious. There are differences in "design" and circuit boards etc. but even today, ALL vaping devices follow the same basic principal & "road map", as Mr. Gilbert called it. Doesn't this qualify even the most modern - high tech devices "substantially similar" to products available as far back as 1963 (!) ??? (actual patent publication date Aug. 17 1965 - Filing date April 17 1963)
It's so nice to see someone trying to use logic and common sense.
If only you were the FDA.

As it stands, this is the reality of Substantial Equivalence...
A Review of FDA Substantial Equivalence rulings
 

crxess

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Yes--Congress (and only Congress can now) has to change the grandfather date. We all knew it from day one. I think it's too late to undo the deeming power of the FDA, but it's not too late to move the grandfather date.

Please write to your representatives and ask them to vote for the Cole-Bishop Amendment to the Agricultural Appropriations Bill.

The Bill Passed Committee and is now included in the Agricultural Appropriations Budget Bill.
Now Budget Must Pass House and Senate without loosing these changes. I would like to be Confident that should the Budget go through Both bodies unchanged, the President would Sign off on it..................But look who we are talking about. :facepalm:

I have already Voiced my support to my Representatives and will continue to do so.
Hopefully Mikluski fill forget to show for or abstain from voting:glare:
 

Lessifer

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Yes--Congress (and only Congress can now) has to change the grandfather date. We all knew it from day one. I think it's too late to undo the deeming power of the FDA, but it's not too late to move the grandfather date.

Please write to your representatives and ask them to vote for the Cole-Bishop Amendment to the Agricultural Appropriations Bill.
No doubt, support the Cole-Bishop amendment, and HR 2058.

In my own head though, I recognize that it's like applying a tourniquet to a hemorrhaging limb that you know is going to require amputation later. Stop the bleeding, so you don't die, but prepare yourself for the harsh reality to come.
 
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Katya

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The Bill Passed Committee and is now included in the Agricultural Appropriations Budget Bill.
Now Budget Must Pass House and Senate without loosing these changes. I would like to be Confident that should the Budget go through Both bodies unchanged, the President would Sign off on it..................But look who we are talking about. :facepalm:

Which is why we should be writing to our representatives and then senators in support of the Appropriations bill. The President would have to veto the entire bill--which might be difficult for him to do right now.
 

Katya

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No doubt, support the Cole-Bishop amendment, and HR 2058.

The HR 2058 is still in committee--and likely to stay there. And it will most likely be vetoed. Unlike the Appropriations bill, which was already approved and is heading to the house.

Just my :2c:
 

crxess

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Which is why we should be writing to our representatives and then senators in support of the Appropriations bill. The President would have to veto the entire bill--which might be difficult for him to do right now.

That is the hope.........or light at the end of the tunnel :), Let just be prepared to Dodge it that light is a Train.

Just a Reminder - Know your Political enemies on this matter:
Harkin, Senate Democrats Call On FTC and FDA To Protect Consumers From False Advertising Claims By E-Cigarette Makers | The U.S. Senate Committee on Health, Education, Labor & Pensions
 

Katya

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And another reminder...

"A network of small, complicated rules. It does not break wills, but softens them. It does not tyrannize, it hinders, represses, stupefies, and finally it reduces each nation to being nothing more than a flock of timid animals, of which the government is the shepherd."

Alexis De Tocqueville - "Democracy In America", 1840
 

Von Vape

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As it stands, this is the reality of Substantial Equivalence...
First, thank you for the link. It is sincerely appreciated.
Second, OH DEAR GOD!!! The very first line states that your product may not be based on an "accepted predicate product" So, on top of everything else, you have to be a clairvoyant to know what the FDA "deems" as an "acceptable predicate product"!!! UN-FREAKIN'-BELIEVABLE!!!

:cool: Von :cool:
 

Hulamoon

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Just clarifying for myself….."HB 2058" is dormant and likely to remain so. However, the "Cole-Bishop amendment" is included in the Agricultural Appropriations Bill which is Active….Is that correct?

Is it better to lay low, and hope they pass it because it's a block bill, or do we bring (maybe unwanted attention) to the clauses that would bring the deeming date to 2016?

I think the best argument I've heard so far is that the FDA is not authorized to back date their ruling to years when the product was not actually deemed tobacco, so at least this would allow the current product on the market to remain, albeit hugely expensive undoubtedly. (Whether this is true or not I don't know, because law and justice aren't the same thing).
 
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Lessifer

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The HR 2058 is still in committee--and likely to stay there. And it will most likely be vetoed. Unlike the Appropriations bill, which was already approved and is heading to the house.

Just my :2c:
I haven't looked to closely, but it's my understanding that the Appropriations bill amendment has some provisions that may not be in our best interest, but it's still better than nothing.
 

crxess

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The Battle to Remove the Cole-Bishop amendment has already started:

Dear Chairman Cochran, Ranking Member Mikulski, Chairman Moran, and Ranking Member Merkley
:
We are writing to express our strong opposition to two provisions in
the House Agriculture, Rural Development, Food and Drug Administration, and Related Agencies appropriations bill for Fiscal Year
2017
that would significantly weaken the Food and Drug Administration’s authority over
several tobacco products including e-cigarettes and cigars.
One provision seeks to completely exempt certain cigars
from FDA regulation

http://www.cadca.org/sites/default/files/pdfs/policy/lettertosenateappropriations.pdf
 

Katya

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I haven't looked to closely, but it's my understanding that the Appropriations bill amendment has some provisions that may not be in our best interest, but it's still better than nothing.

Seriously, those are minor changes. I don't see the HB 2058 going anywhere. The author himself is seeking support for the Appropriations bill--it's out of committee (19-31 vote, if I remember correctly) and it's our best chance now. And it's bipartisan (Cole-Bishop) and hard to veto. It's a no-brainer for me...
 
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Hulamoon

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crxess

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Oh no............. .......s. :-x

These are the type of Tactics SUPPORTERS to the Attachment Need to be using in asking for Support.

Also notice, Not one listed supporting organization wants to loose Money made from Tocacco Related illness<<<<<<<<<<< Financial Gains, Operating Budgets, Etc. :glare:
 

Katmar

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    Lessifer

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    Seriously, those are minor changes. I don't see the HB 2058 going anywhere. The author himself is seeking support for the Appropriations bill--it's out of committee (19-31 vote, if I remember correctly) and it's our best chance now. And it's bipartisan (Cole-Bishop) and hard to veto. It's a no-brainer for me...
    No reason not to support both. HR 2058 may have stalled, but it is still active. Maybe there will be movement now that the regulations are released. Neither is a panacea.
     
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