Amendment to Change FDA Deeming Rule Grandfather Date Passes
It’s been an action-packed week in Washington, D.C., as our industry waited in angst for a number of significant rulings which will drastically impact vaping as we know it. The Grandfather Date has passed.
The Food and Drug Administration (FDA) is scheduled to announce its deeming rule soon, which would call for all e-cigarette and vapor products introduced on the market post February 15, 2007, to go through the Pre-Market Tobacco Application (PMTA) process — which would likely cost relevant businesses millions of dollars.
As vaping is a relatively new trade, the reality is, all vapor products on the market were circulated after February 2007. Therefore, no vaping products would be exempt from a PMTA, while conventional cigarettes manufactured by tobacco companies on the market since 2007 may continue to be sold and are grandfathered.
However, as of yesterday [Tuesday], we are thrilled to express support and gratitude for the House Appropriations Committee’s victorious 31-19 vote to approve a bipartisan amendment to the Agriculture Appropriations bill offered by Representative Tom Cole (R-OK) and co-sponsored by Representative Sanford Bishop (D-GA) that would ultimately reshape the grandfather date for vapor products in FDA’s upcoming deeming rule. This decisive ruling is pivotal to the future of the vaping industry.
Nicopure Labs co-founder and Chief Executive Officer, Jeff Stamler said, “We are very encouraged to see that evidence on the comparatively reduced risk of vape products provided by credible anti-tobacco advocates worldwide and public health officials, such as Public Health England, the English equivalent of the Health and Human Services Department, has an echo this side of the Atlantic.”
While this is a monumental victory for all in favor of vaping products, there is still a long road ahead to protect the innovation and development of responsible manufacturing and advertising. We aim to provide a platform to effectively communicate and help level the playing-field for vapor companies in compliance to continue to innovate and offer consumers alternatives to smoking. For today, we can laud in this small triumph, but as we look at the big picture, this is not a sprint, but rather a marathon.
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