CDA members attending the 2018 Day on the Hill had the opportunity to hear from Congressman Sanford Bishop (D-GA) at Tuesday evening’s dinner. During his remarks, the Congressman indicated that he and Congressman Tom Cole (R-OK) would be offering an amendment during Wednesday’s full committee markup of the FY 2019 Agriculture Appropriations Bill to include the U.S. Food and Drug Administration (FDA) Deeming Authority Clarification Act language. The Congressmen were successful - that amendment was adopted and was included in the bill approved by the Committee. In addition to the change in the predicate date, the bill also adds an age verification requirement for remote sellers, creates a Youth Vapor Product Education, Prevention and Enforcement program, and requires the FDA to conduct a study on preventing use of Electronic Nicotine Delivery Systems (ENDS) by youth.

As we discussed during our Hill meetings, this provision always faces challenges in the Senate. This week, CDA members lobbied senators to include this provision in their version of the Appropriations bills, or any legislative vehicle moving in the Senate. Although this represents a step forward, the bill’s future continues to be uncertain.