(Update - 11.20.19)
On Tuesday, November 19, the Energy and Commerce Committee held a markup session for Chairman Pallone’s HR 2339. This bill would ban flavored e-liquid, ban online sales, and raise the minimum sales age to 21-years-old.
HR 2339 is now moving to a vote by the full House.
At this time, we expect HR 2339 to pass the House of Representatives. But this is not cause for abandoning efforts to educate lawmakers or trying to win a few people who might be on the fence.
Please take a moment to send a message to your officials urging them to reject legislation, like HR 2339, that would severely limit access to low-risk, smoke-free products.
Take Action – Send a Message!
In July, a US District Court judge, Paul Grimm, produced a remedy order that requires 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 small handful of companies might be in a position to attempt compliance with this new deadline, the rest of the vapor industry is not.
Strict enforcement of this deadline will force most US manufacturers to shut down. 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.