US House Approps Cmte Report discourages FDA from "deeming" premium cigars under Chapter IX

[Bill Godshall]

Yesterday's US House Appropriations Committee Report accompanying its Agriculture, Rural Devolopment, Food and Drug Administration, and Related Agencies Appropriations bill for 2013 contained the following:

"Regulations. -- The Committee understands that on December 20, 2010, FDA announced its intention to make cigars subject to Chapter IX of the Federal Food, Drug, and Cosmetic Act. The Committee reminds FDA that premium cigars have unique characteristics and cost prohibitive price points and are not marketed to kids. Any effort to regulate cigars should take these items into consideration."
http://appropriations.house.gov/uploadedfiles/hrpt-112-ap-fy13-agriculture.pdf (see page 46)

I urged the Cmte staff to include similar language about e-cigarettes, but it wasn't included in the report.

Here are two news stories.

House panel warns FDA off regulating 'premium cigars'
House panel warns FDA off regulating 'premium cigars' - Politics Wires - MiamiHerald.com

Cigar lovers to FDA: A cigar isn't just a cigar
Cigar lovers to FDA: A cigar isn't just a cigar - National Business - MiamiHerald.com

Please note that the House Approps Cmte Report language differs sharply from the Senate Approps Cmte Report language (back in April) urging FDA to deem unregulated tobacco products under Chapter IX, and urging the agency to ban flavored cigars, cited at:
http://www.e-cigarette-forum.com/fo...-tobacco-products-including-e-cigarettes.html

The Senate Approps Cmte Report stated the following

tobacco.---The Committee recognizes FDA has declared its intent to issue a proposed rule clarifying the agency's jurisdiction over tobacco products. The Committee strongly encourages the agency to issue this proposed rule and promulgate regulations as necessary. The Committee instructs the agency to consider, among other things, the issue of cigars with characterizing flavors, particularly as it applies to the marketing and sale of these products to children.

from page 81 at
http://www.gpo.gov/fdsys/pkg/CRPT-112srpt163/pdf/CRPT-112srpt163.pdf

 

[Neloish]

This is possibly a good thing, the argument could be made for E cigarettes as well. However, I am skeptical that this will be the case.

 

[Vocalek]

I will be contacting my US Congressional Representative tomorrow by phone. I suggest everyone does the same.

Even if you don't know his or her name, if you know your ZIP code, you can find the name, phone number, address, etc. here: Find Your Representative · House.gov

If you can't think of WHY the FDA should be told to not include e-cigarettes in their deeming regulation:

1. The FDA can't be trusted to tell the truth

http://www.allvoices.com/contribute...tial-truths-and-exaggerations-endanger-health

2. The FDA stated its intention to apply portions of the Tobacco Act to e-cigarettes that would either eliminate them altogether, or make them a lot less effective.

http://www.allvoices.com/contribute...ulation-could-make-ecigarettes-less-effective