Monday, April 18, 2016

US - Take action to change the predicate date for vapor products (H. Appropriations)

Update - 04.19.16

This afternoon, the House Appropriations Committee voted 31(Y) / 19(N) to accept an amendment* introduced by Representative Tom Cole (OK-4 [R]) -- which would, among other things, change the predicate date for products to be deemed as tobacco by the FDA -- to the Agriculture and Rural Development Appropriations Bill. The full text of this amendment is available here.

While CASAA is supportive of language in this amendment that modernizes the predicate date for newly deemed tobacco products, we do have some concerns about some of the additional substantive provisions. It is still relatively early in the process, and we are hopeful there will be opportunities for some changes to the language to reflect consumer concerns. At this point, we continue to support efforts to change the predicate date while still expressing some reservations about the details of the amendment.

*Representative Cole’s amendment to the Agriculture and Rural Development Appropriations Bill should not be confused with HR 2058. Although they are written to achieve a similar goal -- updating the predicate date for newly deemed tobacco products -- they are distinctly different pieces of legislation. CASAA continues to urge consumers to support HR 2058.

Original Post - 04.18.16

Similar to last year, adding a provision in this year’s budget bill could save the U.S. vapor industry from being destroyed by the overbearing and burdensome FDA premarket application process.

CASAA is asking members* to voice support for a provision in this year’s budget bill that would change the predicate date for products that are about to be subject to the FDA’s tobacco regulations.

Without a change in the February 2007 predicate date, more than 99% of vapor products currently on the market will be gone within two years. This is not hyperbole. The cost of obtaining premarket approvals with the FDA’s Center for Tobacco Products is intentionally prohibitive, and all indications are that there will be no significant exemptions made for vapor products.

CASAA is requesting that members of the House Appropriations Committee vote to include language in the forthcoming 2017 budget bill to move the predicate date to the effective date of the final regulation (the same policy change as found in the Cole bill, HR 2058).

If Congress does not act to change the predicate date established by the Tobacco Control Act, the wide variety of vapor products that adult smokers have come to rely on to live smoke-free will be swept off the market.

Please take action NOW by contacting your

We highly recommend sending an email AND making a call.
You will find contact information and talking points for your representative here.

*This engagement is limited to people living in districts represented by a member of the committee.

(Writing Tip #1) If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided.  If you take too long, they system will time out and you will lose your work.

(Writing Tip #2) Although we've provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters.  At a minimum, PLEASE INSERT YOUR PERSONAL STORY (just a few sentences) in the text of your email.

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