Reps Cole & Bishop Introduce New FDA Deeming Authority Clarification Act of 2017

A new bill introduced today (2/16/17) by Congressman Tom Cole (R-OK) and Congressman Sanford Bishop (D-GA) is giving the vaping industry a light at the end of their tunnel—reports Cole Media Center.

Titled the “FDA Deeming Authority Clarification Act of 2017”, this new legislation would amend the FDA’s set predicate date on vapor products, enact advertising guidelines for vape products, require licenses for retailers and manufacturers and require the FDA’s approval over new products introduced after the new predicate date.

Though changing the predicate date will still allow the FDA to have the final approval over vapor products released after the new predicate date, it will permit all current products to remain on the market without having to go through the onerous Premarket Tobacco Application (PMTA) process, which had been slated to cost millions per product. Vape products that are currently available would still have to meet the safety and marketing requirements outlined by the FDA.

“While there is disagreement about whether certain tobacco products should be regulated or not, there should be agreement that new regulations should apply to products moving forward, and not retroactively,” stated Congressman Cole. “Inconsistent authority like this will be detrimental and unfair to many manufacturers and businesses. This legislation preserves the FDA’s ability to regulate these products on part with cigarettes, grandfathers currently available products and then requires the FDA’s approval before any new product is introduced.”

The new bill takes inspiration from last year’s Cole-Bishop amendment, which was originally included in the House’s Fiscal Year 2017 Agriculture Appropriations Bill.

“Vapor products offer a promising path for harm reduction for those seeking to quit or limit their smoking,” Bishop stated. “This legislation would ensure the FDA’s regulatory process does not limit the availability of safer tobacco options for those seeking to make use of them.”

Although this bill would still allow the FDA to have control over future vapor products, it represents a compromise between both sides and hope for the future of the vaping industry.

Read the FDA Deeming Authority Clarification Act of 2017 in its entirety here.