US Senate Appropriations Cmte approves bill urging FDA to issue "deeming" regulation for unregulated tobacco products, including e-cigarettes

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Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Last week, the US Senate Appropriations Cmte approved legislation urging FDA to issue "deeming" regulation to apply Chapter IX of FSPTCA to currently unregulated tobacco products (i.e. little cigars, large cigars, pipe tobacco, shisha/hookah tobacco, electronic cigarettes, nicotine dissolvables, skin cream, etc.) and urging FDA to ban flavorings in cigars.
http://www.cspnet.com/news/tobacco/articles/flavored-cigar-ban-inches-forward

As stated previously, this "deeming" regulation would ban the sale of e-cigarettes unless the FDA makes exceptions for Sections 910 and 905(j). But even if exemptions are made, the "deeming" would eliminate >90% of e-cigarette companies, would increase e-cigarette prices, would make it a felony for any vendor to truthfully claim that e-cigarettes are less hazardous than cigarettes, could ban internet sales of e-cigarettes, and could ban flavored e-cigs (if a flavoring ban for cigars is included).

We need to urge ALL US Senators to remove the "deeming" regulation language from the bill. Please note that liberal Democratic Senators Durbin and Lautenberg are the ones who inserted the "deeming" regulation language in the bill.

Still need to obtain the bill for more details.

This is a huge threat for tobacco harm reduction and for future of the e-cigarette industry in the US and potentially worldwide.

More to come.

 
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Bill Godshall

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Please note that the bill wouldn't require FDA to issue the "deeming" regulation, but the bill merely urges the FDA to issue it.

As such, this is another attempt by liberal Democrat Senators (who urged FDA to ban e-cigarettes in 2009 by clasifying them as drug devices) to pressure Obama appointees at FDA and DHHS to issue the "deeming" regulation.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Another article at
http://www.halfwheel.com/?p=26780
states that Senate Minority Leader Mitch McConnell (R-KY), and Senators Lamar Alexander (R-TN), Lindsey Graham (R-SC) and Mary Landreau (D-LA) all voted for the bill (even though McConnell has traditionally protected the tobacco industry, and even though the three latter Senators are co-sponsors of S. 1461, which would prohibit the FDA from regulating large premium cigars).

Looks like many folks in the cigar industry are not happy campers either.
 
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Vocalek

CASAA Activist
Supporting Member
ECF Veteran
Dear ....:
[Apologies, sir. My word processing program censored your first name.]

I find some of your statements absolutely fascinating. Would you please elaborate on the following.

Your press release states, "many companies turned to flavored cigars to help attract and retain young customers."
  • Specify the names of at least three such companies.
  • How many flavored cigars did they sell annually before and then after the FDA outlawed flavored cigarettes?
Your release also states, "Cigars with candy-like flavorings such as strawberry, watermelon, vanilla and chocolate are marketed to young people, and get them hooked on this deadly and addictive habit at a young age." Where and how are the cigars being marketed?
  • Are there cigar ads running on MTV? In teen magazines?
  • Have tobacco companies set up shop next door to schools?
  • Are their cigar sales reps waiting around in malls and playgrounds calling kids over with "Pssst, wanna yummy cigar, kid"?
Your release states that flavored cigars "have recently become increasingly popular among children and young adults."
Young adults will need to be responsible for themselves, but there are laws against selling tobacco products to kids. What are the statistics regarding the flavors kids are buying?
  • What's the market mix among the various flavors?
  • What is the most popular cigar flavor among elementary age children?
  • Among middle school students?
  • Among senior high school students?
I'm sure you have this information handy. I look forward to your speedy reply.

Signed,

Concerned Grandmother

P.S. Since selling tobacco to kids is against the law, how many arrests have been made connected with sales of flavored cigars?
 

Huntsvappin

Moved On
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Jan 7, 2012
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Time to start writing and calling my state congress people! But here is a good question for those of you more familiar with this legislation. When speaking to my Congressman what do I want them to do? Take the language of "Deeming" regulations ou, and exempt ecigs from Sections 910 and 905(j) of Chapter IX of FSPTCA from the legislation. Help me understand the most logical and intelligent way to make our case and what they can actually do to help. Will CASAA have a call to action for this soon?
 

Luisa

Super Member
ECF Veteran
Apr 8, 2010
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harlingen,texas
Another article at
News: Senate Moves Closer to FDA Regulation of Cigars | halfwheel
states that Senate Minority Leader Mitch McConnell (R-KY), and Senators Lamar Alexander (R-TN), Lindsey Graham (R-SC) and Mary Landreau (D-LA) all voted for the bill (even though McConnell has traditionally protected the tobacco industry, and even though the three latter Senators are co-sponsors of S. 1461, which would prohibit the FDA from regulating large premium cigars).

Looks like many folks in the cigar industry are not happy campers either.
Maybe,those in Tennessee,South Carolina.and Kentucky need to educate their Senators and express their displeasure with this vote--and do that quickly! Then all of us need to contact our Senators to express our displeasure. Lautenburg and Durbin are hopeless. Lindsey Graham is erratic. When does this go to the House or is there already a HB?
 
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