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Encouraging letter from my representative
kraigseder
Newcomer
I received an email from my California Representative Tom McClintock. We'll see what comes of it but it's nice to know some representatives are sticking up for the adult that enjoys tobacco and for all the artisans and businesses that depend on this industry to make their living.
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Thank you for contacting me regarding the Food and Drug Administration’s expanded authority for modern tobacco products.
On May 5, 2016, the FDA finalized a rule extending its oversight authority to all tobacco products, including e-cigarettes, cigars, and hookah. This rule authorizes the FDA to regulate these products in the same way that it currently regulates cigarettes and smokeless tobacco. Consumers and manufacturers of e-cigarettes and cigars are opposed to these provisions, because they subject products that have been on the market since 2007 to undergo an expensive review designed for new products that have never before been marketed.
Furthermore, the FDA has usurped legislative powers from Congress to enact this rule. I adamantly oppose administrative overreach and the devolution of Article I powers, which are constitutionally reserved to Congress and Congress alone. For these reasons, I am a cosponsor of H.R. 2058, the FDA Deeming Authority Clarification Act, which would remove the pre-market review requirement from products already in the stream of commerce.
Again, thank you for contacting me. Please visit my website at http://mcclintock.house.gov to reach me regarding any issue that concerns you or your family.
Sincerely,
Tom
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Thank you for contacting me regarding the Food and Drug Administration’s expanded authority for modern tobacco products.
On May 5, 2016, the FDA finalized a rule extending its oversight authority to all tobacco products, including e-cigarettes, cigars, and hookah. This rule authorizes the FDA to regulate these products in the same way that it currently regulates cigarettes and smokeless tobacco. Consumers and manufacturers of e-cigarettes and cigars are opposed to these provisions, because they subject products that have been on the market since 2007 to undergo an expensive review designed for new products that have never before been marketed.
Furthermore, the FDA has usurped legislative powers from Congress to enact this rule. I adamantly oppose administrative overreach and the devolution of Article I powers, which are constitutionally reserved to Congress and Congress alone. For these reasons, I am a cosponsor of H.R. 2058, the FDA Deeming Authority Clarification Act, which would remove the pre-market review requirement from products already in the stream of commerce.
Again, thank you for contacting me. Please visit my website at http://mcclintock.house.gov to reach me regarding any issue that concerns you or your family.
Sincerely,
Tom
Comments
Thank you for contacting me to express your views about electronic cigarettes. I appreciate the time you took to write and welcome the opportunity to respond.
As you know, electronic cigarettes, or “e-cigarettes,” typically contain liquid nicotine which is vaporized and inhaled by the user. I recognize that these devices have become popular in recent years.
While I understand some individuals choose to use e-cigarettes as smoking cessation aids, I believe it is important that all consumers have accurate information about the safety and effects of e-cigarettes and similar products. Nicotine is a highly addictive and dangerous drug, and I am concerned by the potential to market e-cigarettes to children and other vulnerable populations as a “safe” alternative to traditional cigarettes. In addition, there is a lack of research about the effectiveness of electronic cigarettes as smoking cessation aids and about the safety of these products, some of which have been found to contain traces of toxic chemicals. Courts have ruled that e-cigarette manufacturers must submit evidence of a product’s safety and effectiveness in controlling cigarette cravings before advertising an e-cigarette for this purpose.
On May 5, 2016, the Food and Drug Administration (FDA) finalized rules to regulate electronic cigarettes, specialty cigars, and other tobacco products in the same way that traditional cigarettes are regulated. These regulations will restrict sales of e-cigarettes and related products to adults at least 18 years of age, and will require a health warning to be displayed on all products. Additionally, e-cigarette manufacturers will be required to register with the FDA. Any new products will be subject to FDA testing and approval before being marketed for sale, and products will have to obtain FDA approval to be marketed as “light” or “mild.” The final rule is scheduled to go into effect on August 8, 2016.
I understand you support the “FDA Deeming Authority Clarification Act of 2015” (H.R. 2058), which was introduced by Representative Tom Cole (R-OK) on April 28, 2015. This bill would exempt e-cigarettes and other tobacco products from the new FDA approval requirements if such products were marketed before they were subject to FDA regulatory authority. While I recognize that you feel this would preserve access to e-cigarettes for consumers, I believe that due to the dangers of tobacco products, it is critical the FDA have oversight of these products.
H.R. 2058 is currently pending consideration by the House of Representatives. Although we may disagree on this issue, please know that I appreciate knowing your views and will keep your thoughts in mind should legislation on this topic come before the Senate for debate.
Again, thank you for writing. I hope you will continue to contact me regarding issues of importance to you. If you have additional questions or comments, please do not hesitate to contact my Washington, D.C., office at (202) 224-3841. Best regards.
Dianne Feinstein
United States Senator