VAPE News: Daily Industry Report

Tech Coalition Calls On Congress To Loosen FDA E-Cig Regulations

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A call on Congress to pass legislation that would benefit the vapor product industry by easing the burdensome regulations outlined by the Food and Drug Administration (FDA) in its “deeming rule” was recently made clear by a coalition of 13 tech organizations.

The FDA’s rules were finalized in May and went into effect on August 8, 2016. The “deeming rule” states that vapor product companies would need to adhere to what the coalition considers to be a “lengthy and expensive” pre-market application approval process, according to Morning Consult, a media and technology company focused on politics and business strategy.

Without FDA approval, products released after the Feb. 15, 2007 predicate date would be strictly prohibited from being sold on the market.

The libertarian-oriented groups that make up the large coalition claim that the FDA’s regulations would hurt small businesses, stifle innovation and ultimately interfere in the development of new technology, Morning Consult reports.

In a letter sent Tuesday to Senate Majority Leader Mitch McConnell (R-KY), and House Speaker Paul Ryan (R-WIS), the tech coalition wrote:

“The FDA has reflexively applied the precautionary principle, giving more weight to theoretical concerns about problems that might arise rather than any concrete evidence of harm. In doing so, the agency is depriving smokers of a demonstrably safer alternative out of pure speculation.”

The groups think that Congress should pass legislation that would move the predicate date from Feb. 15, 2007 to Aug. 16, 2016 to allow vape companies to continue to produce and sell products without having to submit to the taxing approval process, but that would just be the first step, as more work would still need to be done.

“Further legislation will be needed to provide a lasting framework that allows for continued innovation in vapor products and tobacco harm reduction,” said Evan Swarztrauber, communications director at TechFreedom.

To read the complete story, click here for the Morning Consult article.