News

Senators voted 88-11 on Tuesday, May 17 to proceed to the $40.1 billion Ukraine aid bill, another procedural step toward passage. Sen. Rand Paul (R-KY), who objected to a request to speed up the vote on final passage, has said he expects the final vote to occur Thursday. He called for the special inspector general who had oversight of Afghanistan funds to be put in charge of Ukraine funding oversight.

After a COVID-19 aid package stalled over an amendment to keep Title 42 in place, Senate Democrats are weighing a push for separate supplemental border security funding. The move could alleviate concerns within the caucus and defuse a potentially divisive vote attached to the covid package. Democrats are divided on plans to end Title 42, which has allowed U.S. officials to quickly expel migrants at the border since 2020. Republicans and several Democrats want to force a vote on an amendment while COVID-19 public health emergencies are still in effect. Read more here.

On May 10, the U.S. District Court for the Eastern District of Texas issued an order in the case of R.J. Reynolds Tobacco Co. et al. v. United States Food and Drug Administration et al., to postpone the effective date of the “Required Warnings for Cigarette Packages and Advertisements” final rule.

The new effective date of the final rule is July 8, 2023. Pursuant to the court order, any obligation to comply with a deadline tied to the effective date is similarly postponed. For example, FDA strongly encourages entities to submit cigarette plans as soon as possible but no later than Sept. 8, 2022. Read more here.

More Senators are calling on Congressional leaders to include the Secure and Fair Enforcement (SAFE) Banking Act of 2021 in the final version of the Bipartisan Innovation and Competition legislation (also known as USICA), currently being negotiated between the House and Senate. In a bi-partisan letter to leadership, Senators write, “allowing cannabis businesses operating legally and in compliance with state law to access financial services without federal reprisal would address public safety and compliance challenges, helping communities reduce cash-motivated crimes.” Read more here.

The U.S. Food and Drug Administration (FDA) is advising consumers about the risk of accidental ingestion, especially by children, of edible products that contain THC. Accidental ingestion of these edible products may cause serious adverse events. The FDA is actively working with federal and state partners to further address the concerns related to these products and monitoring the market for adverse events, product complaints and other emerging cannabis-derived products of potential concern. Read more here.

Convenience Distribution Marketplace 2023 will be held at The Woodlands Waterway Marriott Hotel & Convention Center in The Woodlands, TX, February 27 – March 1, 2023 (trade show February 28). Exhibitor registration is now open (attendee registration opening late summer).

Secure your exhibit space now online or via the exhibit space reservation form. For priority booth assignments, register by August 1. Exhibit space is limited. View the trade show floor plan here.

Marketplace’s focus is bringing together distributors and their top trading partners and suppliers in a unique boutique experience. Marketplace also offers education sessions and plenty of networking opportunities. Learn more about Marketplace 2023, including sponsorship opportunities, in the official exhibitor prospectus.

Make sure to visit the Marketplace website for more information including the event schedule and hotel and travel details.

COVID NOTICE AND DISCLAIMER
CDA is pleased that it can host the 2023 Convenience Distribution Marketplace (CDM) at The Woodlands Waterway Marriott Hotel & Convention Center. COVID and its variants are a concern presenting possible risks to CDM attendees. By attending, you are assuming any risk due to a COVID exposure and agree to adhere to all COVID related guidance. Therefore, you agree that you are assuming any and all COVID risks and that you hold CDA and its agents, including attendees, sponsors, directors, officers, employees, agents, contractors, volunteers or venue harmless from any liability, known or unknown, from any illness you may contract. Additionally, you agree that you will not attend CDM if you are ill or have tested positive for COVID five days before the start of CDM. You also agree to follow all CDC guidance; federal, state and local rules; and hotel and CDA protocols while attending CDM. All restrictions and guidelines are subject to change based on updates from the CDC and federal, state and local officials.

This week, House Appropriations Chair Rosa DeLauro (D-CT) introduced the Infant Formula Supplemental Appropriations Act ( H.R. 7790 ), a $28 million emergency spending bill to provide the U.S. Food and Drug Administration (FDA) with additional resources to address the infant formula shortage. The House will also consider a bill to grant emergency authority to the Special Supplemental Nutrition Program for Women, Infants, and Children to address supply chain disruptions and recalls.

Rep. Kay Granger (R-TX), ranking member of the House Appropriations Committee, said the bill wouldn’t address federal agencies that have excess stock of formula, nor would it force the FDA to come up with a plan to address the shortage. Senate Appropriations Chair Patrick Leahy (D-VT) told reporters that he is working on a Senate version of the supplemental spending bill and “it may end up being the same” as the House bill. The FDA and Abbott Labs have reached an agreement to reopen their shuttered plant in Michigan. Nestle is flying product in from Europe to the U.S. for distribution. Meanwhile, executives from Abbott Nutrition and other major baby formula companies have agreed to testify May 25 before the House Energy and Commerce Committee on the root causes of the nationwide formula shortage. Read more here.

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Dakota's Best Distributing
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House Appropriations Committee
• Thursday, May 12 at 9:30am: Fiscal Year 2023 Budget Request for the Department of Commerce
• Tuesday, May 17 at 10am: FY 2023 Budget Request for the Department of Labor
• Tuesday, May 17 at 1pm: Member Day Hearing
• Thursday, May 19 at 9am: Member Day Hearing

House Education & Labor Committee
• Wednesday, May 11 at 10:15am: Standing Up for Workers: Preventing Wage Theft and Recovering Stolen Wages

House Small Business Committee
• Wednesday, May 11 at 10am: Markup of Legislation to Amend the Small Business Act

Senate Appropriations Committee
• Tuesday, May 10 at 10am: Hearings to examine proposed budget estimates and justification for fiscal year 2023 for the Department of Agriculture
• Wednesday, May 11 at 2pm: Hearings to examine proposed budget estimates and justification for fiscal year 2023 for the Department of Commerce
• Wednesday, May 11 at 2pm: The Global Food Security and COVID-19 Crises: U.S. Response and Policy Options
• Wednesday, May 18 at 10am: FY23 EPA

Philip Morris Holland Holdings B.V., an Affiliate of Philip Morris International Inc. (PMI), has announced a recommended cash offer of SEK 106 per share to the shareholders of Swedish Match AB to purchase the company. The total value of the offer amounts to approximately SEK $161.2 billion, or approximately USD $16 billion. An offer document regarding the offer is expected to be made public on or around June 22, 2022, and the acceptance period in the offer is expected to commence on or around June 23, 2022 and expire on or around Sept. 30, 2022. The board of directors of Swedish Match has also released a statement recommending that its shareholders accept the offer.

"We are pleased to announce this exciting next step in Philip Morris International's and Swedish Match's trajectory toward a smoke-free future," said Jacek Olczak, CEO of PMI. "Underpinned by compelling strategic and financial rationale, this combination would create a global smoke-free champion—strengthened by complementary geographic footprints, commercial capabilities and product portfolios—and open up significant platforms for growth in the U.S. and internationally. Swedish Match's dedicated employees and management have steadfastly pursued the company's vision of a world without cigarettes, while delivering very strong results. We look forward to building upon this success and joining forces to accelerate our shared smoke-free mission."

Presenter: Tom Briant, NATO
Thursday, May 19 | 1:00-2:00 PM ET | Register Now

This must-attend webinar provides an update on FDA regulations with focus on the recently released proposed rules prohibiting menthol cigarettes and flavored cigars, PMTA status, cigarette graphic health warnings, the corrective statements litigation with the Department of Justice, state legislation,and local ordinance activity.

Each year, the CDA Distributors Education Foundation awards four $5,000 scholarships to applicants from distributor member companies. Please help us get the word out! Scholarship applicants must either work for a CDA distributor member company or be the spouse or child of a CDA distributor member. Additionally, applicants must be enrolled full-time in an undergraduate or graduate program in an accredited college or university. The scholarship winners are chosen based on academic achievements, extracurricular activities, two recommendation letters and a personal essay based on an anonymous judging process.

The deadline to apply for a scholarship is this Friday, May 13, 2022. Here is the link to apply and here is a flyer with scholarship details to distribute in your office.

On March 10, the House voted 368-57 to pass the “Additional Ukraine Supplemental Appropriations Act”, providing nearly $40 billion in aid for the Ukrainian war. The vote came just hours after the legislation was introduced following a bipartisan, bicameral deal between GOP and Democratic appropriators. The Ukraine legislation will now move to the Senate, where it is expected to pass quickly. Read more here.

Congress and the Biden administration have made efforts to put more commercial truck drivers on the road to help ease the supply chain issues. However, the federal ban on marijuana use is hampering this goal. The federal ban impacts drivers who use marijuana only when off-duty, as well as those who consumed hemp derivatives such as CBD oil that are advertised as non-psychoactive. Truckers who drive cross-country also face an array of confusing state regulations (18 states have legalized recreational marijuana use and another 37 allow medical use). Another complication is that the only accepted roadside tests for marijuana use can produce positive results more than a month after the person smoked or consumed it, unlike commonly used breathalyzer tests for alcohol impairment, which give a snapshot of the moment the test was conducted. Currently, the Transportation Department is soliciting comments on a new standard for marijuana tests that would zero in on recent use, but that process is still in the early stages. Read more here.

The U.S. Food and Drug Administration (FDA) proposals to ban menthol cigarettes and flavored cigars will test its authority to create new product standards for the tobacco industry. As the agency works to finalize the proposals, it should weigh the public health standard it uses and analyze the potential for more tobacco products to enter the black market, attorneys who specialize in tobacco control policy say. Under federal law, the FDA can issue tobacco product standards deemed “appropriate for the protection of the public health.” Marc Scheineson, a former agency official, said the FDA “can’t be arbitrary and capricious” in proposing new standards. The leading U.S. tobacco companies are amplifying concerns that U.S. bans on the manufacture and sale of menthol cigarettes and flavored cigars would allow illicit market sellers to flourish. Read more here.

As a reminder, CDA will host two webinars on the FDA proposes rules on flavored tobacco.

1. FDA’s Proposed Rules on Menthol and Flavored Cigars: What You Need to Know & How to Engage, Today, May 12 at 1pm Eastern Time. The proposed rules are out, so what’s next? Join Shannon Campagna, CDA Policy Advisor, to learn more about the proposed rules and ways to engage on these very important issues. Click here to register.
    
2. Tobacco Update: Details on the Proposed Flavor Ban Rules and More, on May 19 at 1pm Eastern Time. This must-attend webinar, presented by Tom Briant of NATO, will provide an update on FDA regulations with focus on the recently released proposed rules prohibiting menthol cigarettes and flavored cigars, PMTA status, cigarette graphic health warnings, the corrective statements litigation with the Department of Justice, state legislation and local ordinance activity. Click here to register.

Congress and the Biden administration have made efforts to put more commercial truck drivers on the road to help ease the supply chain issues. However, the federal ban on marijuana use is hampering this goal. The federal ban impacts drivers who use marijuana only when off-duty, as well as those who consumed hemp derivatives such as CBD oil that are advertised as non-psychoactive. Truckers who drive cross-country also face an array of confusing state regulations (18 states have legalized recreational marijuana use and another 37 allow medical use). Another complication is that the only accepted roadside tests for marijuana use can produce positive results more than a month after the person smoked or consumed it, unlike commonly used breathalyzer tests for alcohol impairment, which give a snapshot of the moment the test was conducted. Currently, the Transportation Department is soliciting comments on a new standard for marijuana tests that would zero in on recent use, but that process is still in the early stages. Read more here.

The Congressional Research Service released a report entitled, "The Evolution of Marijuana as a Controlled Substance and the Federal-State Policy Gap." According to the 101-page report, the gap between federal and state marijuana policies continues to widen and shows no signs of stopping. Read more here.

House Appropriations Committee
• Thursday, May 12 at 9:30am: Fiscal Year 2023 Budget Request for the Department of Commerce
• Tuesday, May 17 at 10am: FY 2023 Budget Request for the Department of Labor

House Education & Labor Committee
• Wednesday, May 11 at 10:15am: Standing Up for Workers: Preventing Wage Theft and Recovering Stolen Wages

Senate Appropriations Committee
• Tuesday, May 3 at 10am: Hearings to examine proposed budget estimates and justification for fiscal year 2023 for the Department of Defense
• Wednesday, May 4 at 9:30am: Hearings to examine proposed budget estimates and justification for fiscal year 2023 for the Department of Health and Human Services
• Tuesday, May 10 at 10am: Hearings to examine proposed budget estimates and justification for fiscal year 2023 for the Department of Agriculture
• Wednesday, May 11 at 2pm: Hearings to examine proposed budget estimates and justification for fiscal year 2023 for the Department of Commerce

Senate Banking, Housing and Urban Affairs Committee
• Thursday, May 5 at 10am: Examining student loan servicers and their impact on workers

Senate Budget Committee
• Thursday, May 5 at 11am: Hearing to examine whether taxpayer dollars should go to companies that violate labor laws

Senate Commerce, Science and Transportation Committee
• Tuesday, May 3 at 10am: Hearings to examine the President's proposed budget request for fiscal year 2023 for the Department of Transportation

Senate HELP Committee
• Tuesday, May 3 at 10am: Connecting Workers and Communities: Preparing and Supporting the Broadband Workforce

Last week, the U.S. Food and Drug Administration (FDA) announced two heavily anticipated proposed rules on flavored tobacco:

• The Tobacco Product Standard for Characterizing Flavors in Cigars
  [Docket No. FDA-2021-N-1309]
• The Tobacco Product Standard for Menthol in Cigarettes
  [Docket No. FDA-2021-N-1349].

The rules were officially published in the Federal Register yesterday, May 4, 2022. The 60-day comment period is open and comments can be submitted through July 5, 2022. CDA will be submitting thoughtful and data-driven comments to the FDA and encourages CDA members to engage and activate on this important issue.

CDA will host two webinars:

1. FDA’s Proposed Rules on Menthol and Flavored Cigars: What You Need to Know & How to Engage, on May 12 at 1pm Eastern Time. The proposed rules are out, so what’s next? Join Shannon Campagna, CDA Policy Advisor, to learn more about the proposed rules and ways to engage on these very important issues. Click here to register.
    
2. Tobacco Update: Details on the Proposed Flavor Ban Rules and More, on May 19 at 1pm Eastern Time. This must-attend webinar, presented by Tom Briant of NATO, will provide an update on FDA regulations with focus on the recently released proposed rules prohibiting menthol cigarettes and flavored cigars, PMTA status, cigarette graphic health warnings, the corrective statements litigation with the Department of Justice, state legislation and local ordinance activity. Click here to register.

Last week, the House Agriculture Committee held a hearing entitled, “A 2022 Review of the Farm Bill: The Supplemental Nutrition Assistance Program.” Witnesses included: Stacy Dean, Deputy Under Secretary for Food, Nutrition, and Consumer Services, U.S. Department of Agriculture (USDA); and Cindy Long, Administrator, Food and Nutrition Service, USDA. Democrats applauded funding increases to the supplemental nutrition assistance program while Republicans commented that Congress should think about how to guide recipients to independence through employment, education and training. Read more here.

Both Republican and Democratic Senators have expressed their support to include the SAFE Banking Act S.910 (which would enable cannabis firms to use banking services) as part of the “China competition” package lawmakers are hashing out in both chambers that is intended to bolster the country’s supply chains and manufacturing. While the cannabis measure was not included in the bipartisan U.S. Innovation and Competition Act (USICA) that passed the Senate, the legislation was featured in the House’s version of the bill, known as the America COMPETES Act, that passed in February. Conferees are expected to complete a compromise China competitiveness bill that could win the support of 60 senators before the August recess. Read more here.

Last week, President Biden requested an additional $33 billion in funding from Congress to aid Ukraine. This week, Senate Democrats will need to decide whether to attach it to stalled coronavirus aid or move it as independent legislation. The House is on recess this week, but Speaker Nancy Pelosi (D-CA) and the White House both support linking both the coronavirus aid and the new round of Ukraine-related assistance. Republican Senators previously blocked a deal on $10 billion in coronavirus relief, which was negotiated between Senate Majority Leader Schumer (D-NY) and a group of GOP senators, after Democrats refused to give them an amendment vote related to Title 42 (a Trump-era pandemic public health policy that allows for the rapid expulsion of migrants at the border and blocks them from seeking asylum). Read more here.

The U.S. Food and Drug Administration (FDA) issued warning letters to five companies for selling products labeled as containing delta-8 tetrahydrocannabinol (delta-8 THC) in ways that violate the Federal Food, Drug, and Cosmetic Act (FD&C Act). This action is the first time the FDA has issued warning letters for products containing delta-8 THC. The FDA has received reports of adverse events experienced by patients who have consumed these products. Read more here.

Each year, the CDA Distributors Education Foundation awards four $5,000 scholarships to applicants from distributor member companies. Please help us get the word out! Scholarship applicants must either work for a CDA distributor member company or be the spouse or child of a CDA distributor member. Additionally, applicants must be enrolled full-time in an undergraduate or graduate program in an accredited college or university. The scholarship winners are chosen based on academic achievements, extracurricular activities, two recommendation letters and a personal essay based on an anonymous judging process.

The deadline to apply for a scholarship is May 13, 2022. Here is the link to apply and here is a flyer with scholarship details to distribute in your office.

Presenter: Shannon Campagna, CDA Policy Advisor
Thursday, May 12 | 1:00-2:00 PM ET | Register Now

The highly anticipated proposed rules are out for the Tobacco Product Standard for Characterizing Flavors in Cigars and the Tobacco Product Standard for Menthol in Cigarettes, so what’s next? Join Shannon Campagna, CDA Policy Advisor, to learn more about the proposed rules and ways to engage on these very important issues.

Shannon Campagna is a senior government affairs professional with more than two decades of experience representing clients in the CPG, food, beverage, retail and manufacturing industries. She has held roles at the Retail Industry Leaders Association, the National Beer Wholesalers Association, Mars, Incorporated and Safeway.

This week, top appropriators, aka the “four corners,” Senate Appropriations Chair Patrick Leahy (D-VT), Senate ranking member Richard Shelby (R-AL), House Appropriations Chair Rosa DeLauro (D-CT) and House ranking member Kay Granger (R-TX), will meet regarding fiscal 2023 spending bills. The goal will be to hold bipartisan talks on top-line defense and nondefense figures, which would allow the House and Senate to draft appropriations bills adding up to the same numbers. House appropriators have already made tentative plans to mark up their spending bills in mid- to late-June, which could set the stage for July floor votes. The House Appropriations Committee reportedly plans to hold subcommittee markups tentatively June 13-22 and full committee markups June 22-30. Read more here.

Presenter: Steve Stomel, ProCat Distribution Technologies
Wednesday, July 13, 2022 | 1:00-2:00 PM ET | Register Now

Labor is expensive and in short supply. One way for companies to keep up is to invest in employee performance software and systems. Join ProCat Distribution Technologies for a discussion on how to design an effective incentive program for warehouse order pickers. Distribution centers that take advantage of effective pay-for-performance plans can reap substantial benefits like improved efficiency, productivity, and employee engagement. This webinar will help wholesale distribution companies interested in exploring pay-for-performance programs understand the elements of a successful incentive program and the benefits it provides to the business.

Registration closes tomorrow, Friday, April 29. The Convenience Distribution Business Exchange (CDBX) is the most productive meeting CDA members attend each year. Don’t miss your opportunity to:

• Connect with key trading partners in one-on-one meetings
• Network (in-person!) with friends and colleagues during meals and receptions
• Celebrate the Dean of the Industry Award recipient at the CDA Awards Luncheon

Distributor members can view the brochure and register online or via the registration form. For member suppliers/manufacturers, CDBX is invitation only and participation in Convenience Distribution Marketplace is required to be considered for invitation. Please reach out to Angie Simonetti at angies@cdaweb.net with any questions.

For more CDBX details, including hotel details, visit the CDBX 2022 site. This event is exclusively for CDA member companies.

COVID Notice and Disclaimer
CDA is pleased that it can host the 2022 Convenience Distribution Business Exchange (CDBX) at Hilton Chicago in Chicago, IL. COVID and its variants are a concern presenting possible risks to CDBX attendees. By attending, you are assuming any risk due to a COVID exposure and agree to adhere to all COVID related guidance. Therefore, you agree that you are assuming any and all COVID risks and that you hold CDA and its agents, including attendees, sponsors, directors, officers, employees, agents, contractors, volunteers or venue harmless from any liability, known or unknown, from any illness you may contract. Additionally, you agree that you will not attend CDBX if you are ill or have tested positive for COVID five days before the start of CDBX. You also agree to follow all CDC guidance; federal, state and local rules; and hotel and CDA protocols while attending CDBX.

In Fall 2021, the Department of Labor (DOL) announced its Regulatory Agenda, which included the Wage and Hour Division’s plans to issue an Advanced Notice of Proposed Rulemaking (ANPRM) to modify white-collar overtime exemptions in April 2022. This would update the rules for exempting employees classified as executive, administrative and professional to require employers to pay overtime to more of their employees.

This week, CDA participated in a “Listening Session” hosted by the DOL and attended by several other trade associations, including the National Association of Manufacturers, National Beer Wholesalers Association and the Associated Equipment Distributors. CDA shared information about the association and the industry, and our comments echoed those of the other organizations that the DOL should postpone any proposed rulemaking aimed at revising the regulations defining “white collar” exemptions to the Federal Labor Standard Act’s overtime pay requirements. Many industries have not fully recovered from the economic damage brought on by the pandemic, there is not a good understanding of post-pandemic work, and inflation, including wage-driven inflation, is causing massive increases in costs of doing business. Now is not the time to create more disruption in the labor market. For more details, as well as a list of upcoming Listening Session and suggested talking points on the issue, click here.

The Senate this week is planning to take formal steps to send the “China competition” legislation - S. 1260 and H.R. 4521 - to conference to resolve differences between the two chambers’ versions. The Senate passed the United States Innovation and Competition Act (USICA) last summer and the House passed their version, the America COMPETES Act of 2022, in February. The measures seek to boost American innovation and manufacturing, which Democrats say could help bolster supply chains in critical industries. House and Senate leaders have named more than 100 lawmakers to the conference committee, though the senators’ appointments have not been formalized and there is still no agreement among senators on non-binding motions to instruct conferees on the final bill’s contents. Reportedly, a final bill will likely be closer to the Senate-passed bill. USICA passed the Senate with bipartisan support last year, while the House bill only had one Republican supporter. Read more here.

On April 26, Sen. Joe Manchin (D-WV) and Senate Majority Leader Chuck Schumer (D-NY) discussed a tax increase and deficit reduction bill as they look for ways to reduce inflation. Manchin said he is open to using the reconciliation process, which would require only a bare majority rather than 60 votes to break a filibuster and pass the bill. Manchin has said he is open to increasing corporate tax rates, while Sen. Kyrsten Sinema (D-AZ) said she isn’t. Manchin also met the day before with fellow Democrats and one GOP colleague on a potential energy and climate package aimed at winning enough Republican support to avoid the partisan budget reconciliation process. Read more here and here.

Each year, the CDA Distributors Education Foundation awards four $5,000 scholarships to applicants from distributor member companies. Please help us get the word out! Scholarship applicants must either work for a CDA distributor member company or be the spouse or child of a CDA distributor member. Additionally, applicants must be enrolled full-time in an undergraduate or graduate program in an accredited college or university. The scholarship winners are chosen based on academic achievements, extracurricular activities, two recommendation letters and a personal essay based on an anonymous judging process.

The deadline to apply for a scholarship is May 13, 2022. Here is the link to apply and here is a flyer with scholarship details to distribute in your office.

Republicans have expressed opposition to combining Ukraine aid with a coronavirus relief package. Despite bipartisan support for both bills, a linked package stalled after GOP Members objected to Senate Majority Leader Schumer (D-NY) refusing to give them a vote on keeping Title 42, a Trump-era public health policy the Biden administration plans to lift on May 23. Read more here.