Cole-Bishop Provision Included In House Funding Bill

Last Wednesday, as CDA members made the rounds on Capitol Hill, the House Appropriations Committee approved their FY19 Agriculture Appropriations bill, which includes language very similar to the Cole-Bishop FDA Deeming Authority Clarification Act (H.R. 1136). The language changes the predicate date in the FDA’s Deeming Rule from Feb. 15, 2007 to Aug. 8, 2016, allowing vaping products that are already on the market to continue to be sold without having to go through FDA’s expensive and onerous premarket tobacco application process. The amendment 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 underage children.

This is a positive development, but much work still remains to be done. We will continue to advocate with federal elected officials get this language enacted into law.