SFATA Advocacy Update

Five Weeks from Now

We in the vapor industry are in a tough spot.  The hard truth is that if nothing changes in federal law, a single FDA regulation will put us out of business in just over 16 months

I would suggest we take action NOW, rather than accept that truth.

There are some glimmers of hope:

1. Several of the lawsuits are due for a decision any day now.  One of those could miraculously overturn the regulation! (though an appeal by the FDA would be likely). 

2. The new Administration could begin a new rulemaking process to change parts of the rule, or

3. The new Administration could decide to delay enforcement (even indefinitely), as SFATA has asked, on all of the current rule’s looming deadlines.  

Click HERE to quickly send a letter asking for this relief through the Administration.

But my father always told me, “Hope is NOT a strategy.” 

If you’re like me, you are more likely the type of person to take action yourself and create the future you desire.  Just waiting for life to happen is not within my DNA.

So, then, changing the law is clearly the best strategy.  And, Congress is the part of our government set up to listen to you, their constituent!  Are they hearing from you? Or, are you still using hope as your own strategy?

Now is the time to BE LOUDTurn it Up!

Here is what we are currently dealing with in Washington…

Five weeks from now, Congress will decide whether we are spared.  Congress can change the “predicate date” to allow all of our pre-August 8, 2016 products to remain on the market without PMTA’s required. 

This would be HUGE!  If Congress changes the predicate date in time, tens of thousands of products would be allowed to continue to be sold that would otherwise become illegal in 2018.

And, it is not often mentioned.  But, this also means those pre-August 8, 2016 products would then INSTANTLY become “predicate products.” The current wonderful kaleidoscope of vapor products offerings would become the key that allows this industry to then also continue to innovate! You could tweak future products through an easier FDA approval process, which is currently closed to us called through the “Substantially Equivalent” pathway.

So, just by moving the predicate date, it saves the industry as we know it AND provides for a future where we can at least make minor improvements to our products to better serve our customers.  Moving the predicate date is a TWO-FER! 

Will you roll up your sleeves once again and get to work making your voice heard today?

By April 28th, Congress must approve the spending bills for 2017.  Included in the House version of the bill (but not in the Senate version) is the Cole-Bishop Amendment language to change the this “predicate date” from February 2007 to August 2016.  

If the Senate does not “recede” to the House provision, the other options which remain available to us simply may not work in time to beat the clock on the Deeming Rule deadlines.  The best, wisest, most well-informed strategists in DC all agree that the best option is to call, write, and email your Senators(Particularly Democrats!).

Congressional discussions are going on already about this budget.  Urge your Congressmen to save your business and help reduce smoking NOW!

Here’s the specifics of what you need to do:

  1. Please ask your Senators to “Include the House Agriculture bill language, changing the predicate date for vapor products, in this FY 2017 spending bill.” 
  1. Please urge your House Representative to “Cosponsor the Cole Bishop bill (H.R. 1136)”  to show support for this language.

Let’s make these five weeks count!



Chris Winfrey