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February 16, 2017

Cole and Bishop Introduce The FDA Deeming Authority Clarification Act of 2017

In 2009, the Tobacco Control Act gave the FDA authority to regulate tobacco products under a “deeming process.” Instead of using its flexibility to grandfather existing products, in 2016, the FDA finalized a deeming rule to assert jurisdiction over cigars, pipe tobacco and vapor products, using the February 15, 2007 predicate date set in statute.   Without this legislation, the FDA effectively is making it more difficult for vapor products to come to market than cigarettes, even though Public Health England, the British version of our Department of Health and Human Services published a report stating that vapor is 95% less harmful than a cigarette.  This legislation builds on the Cole-Bishop Amendment which was included in the House version of the Fiscal Year 2017 Agriculture Appropriations Bill.

Source: Cole and Bishop Introduce The FDA Deeming Authority Clarification Act of 2017 | Congressman Tom Cole

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