A provision to protect mom-and-pop vape shops from an industry-destroying FDA regulation died in the current budget battle between President Donald Trump and the Democrats.
By John Pacenti | May 2nd, 2017
The Democrats were intent on killing any of Trump’s “poison pills” in the current budget deal, and while most of the attention was on the president’s border wall — you know the one Mexico was going to pay for — the provision to protect the vape industry became collateral damage.
The Cole-Bishop Amendment would have restricted the Food & Drug”s deeming” regulations to e-cigarette products sold as of Aug. 8, 2016 that fails to grandfather in existing products, whether it be devices or liquids. To get FDA approval for each product could cost millions of dollars and put many companies out of business, the industry says.
The Campaign for Tobacco-Free Kids said in a statement that death of Cole-Bishop “delivers critical victories for America’s kids and health over the tobacco industry by rejecting proposals to greatly weaken FDA oversight of electronic cigarettes and cigars and slash funding for the CDC’s programs to reduce tobacco use.”
But while American health officials deride electronic cigarettes, there is little evidence that they are even remotely as deadly as traditional tobacco.
In England, health officials have promoted vaping and electronic cigarettes as an alternative to smoking, but in the U.S. there has been a concerted effort to rein in the hundreds of small businesses that have sprouted up around the industry.
The vaping industry says the reason is clear: they take away profits not only from Big Tobacco, but the pharmaceutical industry peddling cessation patches and gums, as well as the government that heavily taxes cigarettes.
Read the Palm Beach Post’s investigation into whether health officials claims on vaping are legit by clicking here.
Greg Conley, president of the American Vaping Industry, says the fight is far from over with a separate bill, HR 1136, sponsored by Democrats that mimics Cole-Bishop.
U.S. Rep. Duncan Hunter, R-Calif., has also introduced HR 2194, The Cigarette Smoking Reduction & Electronic Vapor Alternatives Act.
“This budget is done with, but they need to come back in October and pass the FY 2018 budget,” he said. “The appropriations committees will likely start on that again soon and we will be pushing for Cole-Bishop or similar language to again be included.”
In the meantime, Conley warns politicians who carry water for Big Tobacco against the vaping industry. He said if Democrats want to motivate millennial voters to come out to vote against the party, then dare to oppose measures to protect this alternative to traditional tobacco.
Nick Molina, CEO of Miami-based VaporFi, said while last week was disappointing, there are several avenues for the industry to pursue still in Congress.
“In addition to a handful of lawsuits filed against the FDA that are working themselves through the legal system, there is the bill introduced last week by Rep. Duncan Hunter,” he said. “That bill places e-cigarettes in a new category for harm-reduction products to move people off of tobacco-containing cigarettes.”