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HISTORY HAS BEEN MADE: Breaking News: Cole Bill Passes 31-19!

5150sick

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https://aspenvalleyvapes.com/vaping-community-gets/


We’re extremely excited to share some very positive information regarding the deeming regulation of vapor products.

Today the House Appropriations Committee advanced Rep. Cole’s amendment to change the predicate date on a final vote of 31-19. The current predicate date is February 15, 2007, and all vapor products introduced to the market after that date (99.9% of them) would be subject to an extremely prohibitive pre-market approval process. While Rep. Cole’s amendment isn’t perfect, it does allow for most current products on the market to avoid the prohibitive pre-market approval process.

“Let’s support those who are looking for less harmful alternatives to smoking” – Rep. Hal Rogers

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“I’ve met so many people who have benefited by having access to a vaping product rather than tobacco” – Rep. Andy Harris





CASAA.org - The Consumer Advocates for Smoke-free Alternatives Association
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[Updated 4:11 PM - link to amendment text]

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 the amendment is available here:

https://drive.google.com/open?id=0BzaeY6YSkAHpTVN0OE1WVml5dms

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.

EDIT: I WILL BE ADDING ADDITIONAL INFO. ABOUT THIS TOPIC TO THIS THREAD AS I FIND IT
 
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NGAHaze

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Don't get too excited folks, it still has to get past the Senate and somehow get Obama's signature on it ... but it's a step in the right direction for sure.
 

f1r3b1rd

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it may still need to pass both houses; but, its this first real sign that everyone's hard work is making a difference.
:bingo::treadmill:
 

5150sick

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Don't get too excited folks, it still has to get past the Senate and somehow get Obama's signature on it ... but it's a step in the right direction for sure.
:cuss2:
 

5150sick

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https://www.docdroid.net/ela6SbG/vta-guidance-on-cole-bishop-4-19-16.doc.html


BI-PARTISAN AMENDMENT TO CHANGE THE PREDICATE DATE IS
APPROVED BY CONGRESSIONAL HOUSE COMMITTEE



Today, the Vapor Technology Association took a huge first step in executing on its mission to broadly protect all in the vapor industry from the FDA’s one-size-fits-all rules.


By the Numbers

  • 02: The # of co-sponsors - Rep. Tom Cole (R-OK) and Rep. Sanford Bishop (D-GA) – who joined forces today to introduce and pass the critical amendment to change the predicate date and protect the vapor industry.
  • 31: The # of votes in favor of the Cole-Bishop amendment.
  • 02: The # of Democrats who spoke and voted in support of our issue.
  • 01: The doctor – Rep. Andy Harris (R-MD) – who elegantly stated how vapor products are life changing.
  • 99: The percentage of companies that won’t go out of business if we pass the Cole-Bishop amendment into law.

The Cole-Bishop Amendment

  • Moves the predicate date from February 2007 to the date of enactment of the Deeming Regulation (i.e., at some point in the future).
    • This single change, which will save 99% of the industry, has been and is the top priority of VTA.
    • This change will allow every vapor company to continue to sell their existing products without the having to file costly and burdensome applications that would drive them under.
    • This change will keep our vibrant industry alive while we establish a rational regulatory scheme.

  • Requires FDA to start, within 12 months, a new rule making process for product standards on batteries and to complete that process within 24 months after the Deeming Regulation is finalized.
    • To be clear, the FDA already has the power to regulate batteries.
    • In light of all the recent news stories, the FDA most certainly will be doing so.
    • Established battery standards, already followed by the industry, can and should be promoted.
    • This change addresses one of our opponents’ chief concerns – product safety – and is central to achieving bi-partisan support.

  • Limits newspaper, magazine or other print advertising of vapor products to adult publications (i.e., those with 85% readership over 18 or with fewer than 2M readers under 18)
    • This change addresses one of our opponents’ chief concerns – marketing to youth – and is central to achieving bi-partisan support.

  • Requires face-to-face sales at retail, banning self-service displays and vending machines, but expressly exempts mail-order sales and vape shops or other establishments that prevent persons under 18 years from entering.
    • This change addresses another of our opponents’ chief concerns – youth access – and is central to achieving bi-partisan support.

  • Requires the FDA to issue regulations within 12 months requiring labels to include, “Keep Out of Reach of Children,” “Underage Sale Prohibited,” and accurate nicotine content.
    • This provision codifies what has essentially become industry standard labelling.

  • Requires retailers to register their establishment with the government, unless the retailer already is required to register under a state law or federal law.
    • This provision provides the government with some way to enforce the new law.
 

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