Vaping Prohibition is On the Table in Congress
[Updated - 09.17.19 - Make a Call, see phone scripts]
In July, a US District Court judge, Paul Grimm, issued a remedy order requiring the FDA to enforce the premarket tobacco application (PMTA) requirement starting in May of 2020. This effectively moves up this particular compliance deadline by more than a year. While a few companies might be in a position to attempt compliance with this new deadline, the rest of the vapor industry is facing a massive shutdown.
Strict enforcement of this deadline will force most US vapor manufacturers out of business.
Even though the FDA will retain enforcement discretion with regard to certain compliance deadlines on a case-by-case basis, it is not clear how (or even if) the agency will apply it. In other words, there is no guarantee that companies will be allowed to keep their products on the market.
At the same time, several bills are active in Congress that would undermine FDA’s authority over new tobacco products. These bills propose to raise taxes, ban flavors, limit online sales, and one bill even goes as far as requiring vapor products to be approved for market only as medical drugs/devices. (Remember when alcohol was available by prescription only?)
It is vital that consumers take action by making contact with federal lawmakers urging them to reject this legislation and prevent a massive underground market from taking the place of our current legal, regulated marketplace.
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