Similar to what’s been seen happening with cigar groups uniting to support bills to fight the FDA regulations, the same is now being seen among tobacco harm reduction and vapor associations. The Consumer Advocates for Smoke-free Alternatives Association (CASAA) has joined the American Vaping Association (AVA), Vapor Technology Association (VTA), and the Smoke-Free Alternatives Trade Association (SFATA) to urge House leaders to support HR 1136.
These groups have sent a joint letter to House Speaker Paul Ryan (WI-01) and Minority Leader Nancy Pelosi (CA-12) to urge them to support HR 1136, known as the FDA Deeming Authority Clarification Act of 2017. The letter outlines the urgent need to re-evaluate the 2007 “predicate date” for products that are now regulated by the FDA. If the 2007 predicate date set by the FDA isn’t changed, many Americans who have turned toward vaping products as an alternative to smoking will face a lack of products to use. The 2007 predicate date has been a point of frustration to many in the vape and other tobacco industries including premium cigars since it threatens to remove many products, and entire companies, that have come into the marketplace since 2007. The vape industry in particular relies on innovation and new products and most development in this industry has occurred after the predicate date.
The groups argue that if Congress fails to take action and change the predicate date, consumers who have given up smoking and taken up vaping will be pressured to either return to smoking or will seek out vaping products on a “newly created black market.” While the premium cigar industry supports the idea of changing the predicate date, their argument differs from that of the cigar associations in the rise and importance of vaping products over other smoking products like cigars and cigarettes.
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