A bill put forward by Representative Tom Cole should have been passed or rejected by now but appears to have disappeared in the midst of election campaigning. What is going to happen with H.R. 2058, and what does it mean anyway?
Are you a vaper who hasn’t kept up with the controversy and FDA suggestions regarding these electronic nicotine delivery devices? Everything hinges on the result of this Bill, which is why vapers are urged to write to their representatives.
What Is H.R. 2058?
House of Representatives Bill 2058 was presented last spring. It is also known as the Deeming Authority Clarification Act of 2015 and has everything to do with the FDA’s position on e cigs. The point is to determine the cut-off point; which e cigs were introduced early enough to remain on the market, a period of grace where items can stay on the market under certain conditions, and then to determine what happens to the rest.
At this point, the FDA could set “Grandfather Rights” to items released before February 2007, saying they have been around long enough to qualify for retroactive approval. Items released after that time but before 2011 would be subject to potential qualification after the filing of a PMTA or Premarket Tobacco Product Application. In other words, e cigs are still being treated as tobacco products, probably because they contain nicotine.
SFATA Approach
The SFATA urges consumers in the United States to focus their attention on The Senate. If their committee agrees with the FDA’s findings, then this Bill will go forward as law and the results could be devastating to the industry.
Results of Grandfather Rights to E Cigs
The date chosen as the cut-off for Grandfather Rights is not helpful to American e cig companies. Most of them got their start in 2009 or later. Firms such as Halo, V2 Cigs, and South Beach Smoke would be forced to file for the PMTA which costs a lot of money and takes a considerable amount of time as well.
Firms like these might very well manage to get through because they are established and profitable. Small firms, however, haven’t got a chance. They can’t afford the cost and don’t have the staff to cover those man hours.
International Consequences
What happens to the industry all over the world if America’s legislators make this stand against e cigs and vapor juice? There are many questions. Most countries don’t make enough of their own products to support an industry of their own, even if their regulations are different.
It’s possible that not only thousands of companies in the US will go out of business, leaving thousands unemployed; this could also happen in Australia, England, France, Canada, and other parts of the world. Perhaps these countries will decide to introduce similar legislation as well.
Proactive Business
You might have noticed several e liquid firms forming collectives where they are still independent but covered under a single banner. I wonder if this was a deliberate move to seek financial protection. As a single firm they could potentially file one PMTA, pay one fee, and shoulder the burden together. Meanwhile, what can vapers do? They still have time to contact their state representative and ask for support.