The "Predicate Date"
In 2009, through the Tobacco Control Act, the FDA gained the power to regulate tobacco products under a "deeming process". With this new power, e-cigarettes were deemed tobacco products and a prior date was chosen from which all new products would have to be approved through the FDA.
All the great vaporizers and e-liquids we have on the market today were likely all introduced after 2007. Can you think of any devices that were made before 2007 that you would actually want to use?
Yeah, we can't either.
This particular date is important because any products produced post-2007, or rather the "predicate date", must now go through a lengthy and expensive FDA premarket review. This review is an expensive mess of paperwork and red tape that will essentially freeze the market since every change and innovation would then be subject to the regulatory process. A single product would cost anywhere from hundreds of thousands to millions of dollars to get through the process.
If the predicate date doesn't get changed, many companies and small businesses will disappear.
The FDA Deeming Authority Clarification Act of 2017
Luckily, there are representatives who realize the unfairness of a retroactive date. The FDA Deeming Authority Clarification Act of 2017 (HR1136) would grandfather in all of the vapor products we currently enjoy by changing the predicate date. In addition, HR1136 would amend some of the trickier regulations on product advertising, licensing, and safety to more sensible standards.
This legislation will not only help save companies and jobs, but will also preserve the freedom for adult consumers to have the option for alternatives. It will allow the FDA to take action with respect to youth and consumer protection without undermining their authority to regulate e-cigarettes, but will ensure that regulations are appropriate and realistic.
What You Can Do
Now is the part where you should be fired up and ready to fight for what you love!
First, contact your congressman and urge them to get the predicate date updated. You can call, email, tweet or even send handwritten letters! StopTheVapeBan.com has made it super easy for you to contact your representative with prewritten emails.
It all starts with YOU. You have the power to connect millions of people who care about vaping, have benefitted from vaping, and have bettered their lives in some way from vaping. You are a very important piece in the puzzle, and it all starts with just a few moments of your time.
Let your voice be heard and inspire others to speak out.