A New Draft Law Proposed in Congress Is Gathering Momentum and Could Save Vaping in The United States

Vaping in The United States Might Not Be Dead After All! A new Bill proposed in Congress is gathering steam and if passed, could prevent the FDA from banning up 99% of vaping products next year.

The cross-party draft law, which is known as the FDA Deeming Authority Clarification Act of 2017, was tabled Thursday by Tom Cole (R-OK) and Sandford Bishop (D-GA) and is now moving forward, gaining momentum in Washington. If the bill makes it through, it will effectively move the predicate date for vaping products. This means any vaping products on the market wouldn’t be subjected to the complicated and overbearing legislation which was effectively going to destroy the vaping industry in the United States.

Rep. Bishop was quoted as saying “Vapor products offer a promising path for harm reduction for those seeking to quit or limit their smoking. 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.

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,” said Rep. Cole.  

The new bill will do four main things if passed:

  • Save smaller vaping businesses. Almost all products currently on the market were sold after the original predicate date of 2007, meaning the last nine years’ worth of products will still be available for sale.
  • Help smokers with a safer alternative remaining available.
  • Help to address the issue of product safety. The FDA Deeming Authority Clarification Act of 2017 requires the FDA to implement their rulemaking on product standards for batteries within 12 months.
  • Protect the young. The FDA Deeming Authority Clarification Act of 2017 will restrict youth marketing and youth access to vapor products.



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