- Apr 2, 2009
- 5,171
- 13,288
- 66
Tuesday’s election in the US has significantly improved the FDA regulatory and state legislative landscape for vapers, the vaping industry and THR for the next two years.
The Republican takeover of the US Senate will make it far more difficult for the Obama administration to achieve many of its regulatory goals, hopefully including FDA’s proposed deeming regulation (that would ban >99% of vapor products and give the e-cig industry to Big Tobacco). Lamar Alexander (R-TN) is likely to replace retiring Tom Harkin as chair of the HELP Committee, and John Thune (R-SD) is likely to replace retiring Jay Rockefeller as Chair of the Commerce, Science and Transportation Committee. Under Republican control, none of the Senate bills introduced by Democrats to regulate or tax e-cigarettes will be considered.
With Republicans gaining an additional fourteen seats in the US House, and another fourteen seats yet to be determined, Republican majorities will increase in all committees, including the House Energy and Commerce Committee that has oversight of the FDA and CDC. With a larger House majority and the Senate now under Republican control, Republican House leaders and committee chairs will become more emboldened to hold hearings, oppose, delay and defeat more regulations proposed by the Obama administration. Henry Waxman’s retirement eliminates Congress’ most vehement opponent of e-cigs and THR.
Republican gains in Governors (including IL, MA, MD), State Houses and State Senates will make it easier to defeat anti vaping legislation sponsored by Democrats in most states. 31 states now have Republican governors, Republicans now control 69 of 99 state legislative bodies, Republicans now control both the House and Senate in 29 states, and 23 or 24 states are totally red (which pose the fewest threats for vaping with the exception of Utah). There are now just seven totally blue states (CA, CT, DE, HI, RI, OR, VT) with a Democrat Governor, Senate and House, which still pose significant risks to vapor products and vaping. The other significant risk to vaping at the state level are future budget proposals by Governors (of either party) that include unwarranted e-cig taxes.
At the local level, most city councils remain in control of Democrats, which still pose significant risks for vaping bans and vapor product sales and marketing restrictions. But it is uncertain whether progressive Democrats in city councils will show some humility (since Obama’s DHHS has been the most vocal opponent of vaping) by not campaigning for unwarranted bans or restrictions on vapor products or vaping.
In sum, Tuesday’s election has reduced the threat of FDA’s proposed deeming regulation, and has decreased the number and intensity of legislative threats that vapor product and vapers would otherwise have faced during the next two years at the state level.
Since the best defense is a good offense, many more e-cig companies, vape shop owners and vapers should contact their 3 members of Congress urging opposition to the deeming regulation proposed by Obama's FDA.
When state anti vaping bills are introduced in the first three or four months of 2015, e-cig companies, vape shop owners and vapers in those states need to actively oppose them.
Whenever local vaping bans are introduced, local vapers and vape shop owners must still actively oppose them (or else many/most of them will be enacted).
The Republican takeover of the US Senate will make it far more difficult for the Obama administration to achieve many of its regulatory goals, hopefully including FDA’s proposed deeming regulation (that would ban >99% of vapor products and give the e-cig industry to Big Tobacco). Lamar Alexander (R-TN) is likely to replace retiring Tom Harkin as chair of the HELP Committee, and John Thune (R-SD) is likely to replace retiring Jay Rockefeller as Chair of the Commerce, Science and Transportation Committee. Under Republican control, none of the Senate bills introduced by Democrats to regulate or tax e-cigarettes will be considered.
With Republicans gaining an additional fourteen seats in the US House, and another fourteen seats yet to be determined, Republican majorities will increase in all committees, including the House Energy and Commerce Committee that has oversight of the FDA and CDC. With a larger House majority and the Senate now under Republican control, Republican House leaders and committee chairs will become more emboldened to hold hearings, oppose, delay and defeat more regulations proposed by the Obama administration. Henry Waxman’s retirement eliminates Congress’ most vehement opponent of e-cigs and THR.
Republican gains in Governors (including IL, MA, MD), State Houses and State Senates will make it easier to defeat anti vaping legislation sponsored by Democrats in most states. 31 states now have Republican governors, Republicans now control 69 of 99 state legislative bodies, Republicans now control both the House and Senate in 29 states, and 23 or 24 states are totally red (which pose the fewest threats for vaping with the exception of Utah). There are now just seven totally blue states (CA, CT, DE, HI, RI, OR, VT) with a Democrat Governor, Senate and House, which still pose significant risks to vapor products and vaping. The other significant risk to vaping at the state level are future budget proposals by Governors (of either party) that include unwarranted e-cig taxes.
At the local level, most city councils remain in control of Democrats, which still pose significant risks for vaping bans and vapor product sales and marketing restrictions. But it is uncertain whether progressive Democrats in city councils will show some humility (since Obama’s DHHS has been the most vocal opponent of vaping) by not campaigning for unwarranted bans or restrictions on vapor products or vaping.
In sum, Tuesday’s election has reduced the threat of FDA’s proposed deeming regulation, and has decreased the number and intensity of legislative threats that vapor product and vapers would otherwise have faced during the next two years at the state level.
Since the best defense is a good offense, many more e-cig companies, vape shop owners and vapers should contact their 3 members of Congress urging opposition to the deeming regulation proposed by Obama's FDA.
When state anti vaping bills are introduced in the first three or four months of 2015, e-cig companies, vape shop owners and vapers in those states need to actively oppose them.
Whenever local vaping bans are introduced, local vapers and vape shop owners must still actively oppose them (or else many/most of them will be enacted).
Last edited:
