The FDA Deeming Authority Clarification Act of 2015 (HR 2058), introduced by Representative Tom Cole of Oklahoma, would save the U.S. vapor industry from being decimated by improper regulations by the FDA. This bill would amend the Food, Drug, and Cosmetics Act to change the grandfather date for “deemed tobacco products.” This change would allow for all vapor products currently on the market to remain on the market without being subject to the burdensome (read: prohibitive) pre-market FDA approval application process.

While CASAA maintains the position that a separate regulatory scheme should be developed for vapor products*, we are proud to support HR 2058.

We are asking consumers to express strong support for HR 2058 and urge your representatives to co-sponsor this bill.

Support HR 2058 – Send an Email

We are also asking members who are not residents in Representative Cole’s district to send a written letter by traditional means. You can print out our pre-written letter here. We have provided the mailing address to his Washington, DC office below. As usual, you are encouraged to write your own letter adding your personal story, but feel free to copy ours.

Rep. Tom Cole

2467 Rayburn HOB

Washington, D.C. 20515

Phone: (202) 225-6165

Fax: (202) 225-3512

Additionally, residents in Kentucky, North Carolina, California, and Florida living in a district represented by one of the sponsors of H.R. 2058 will be receiving a separate email that links to a message tailored to offering support for the effort of their congressmen.

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(Writing Tip #1) If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided. If you take too long, they system will time out and you will lose your work.

(Writing Tip #2) Although we’ve provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters. At a minimum, PLEASE INSERT YOUR PERSONAL STORY (just a few sentences) in the text of your email.

*Although CASAA feels that moving the grandfather date to a point in time that will protect consumer access to the current variety of vapor products on the market is a step in the right direction, this is by no means an ideal solution. Consumers should keep in mind that if this Act is adopted by Congress, innovations in safety, quality, and variety of devices and liquids essentially will be frozen at the time the FDA deeming regulation is finalized. Moreover, this change in the grandfather date will not exempt manufacturers from registering their products with the FDA, a process that will still remove a large number of vapor products from the market. CASAA maintains the position that a separate regulatory scheme should be developed for this product category.