For what seems like a very rare act of bipartisanship in Congress, a new bill has been drafted by both a Republican and Democrat. If passed, this bill will prevent the cigarette-loving FDA from banning what would be 99.9% of vapor products next year (2018).

The bipartisan, cross-party draft law is called the “FDA Deeming Authority Clarification Act of 2017.” This Act was tabled on February 16th by both Tom Cole (R-OK) and Sanford Bishop (D-GA), and is gaining traction in Washington, which is very promising.


Should the bill bass, it would mean a lot for the vaping industry. It would move what is called the “predicate date” for vapor products. These are all products that were on the market already by August 8th, 2016 — these products would not be subjected to a regulatory system. This will save a ton of money and complexity because for products released before that date, regulating them after the fact would be tantamount to a ban due to complexity and costs associated.

Representative Bishop, the Democrat from Georgia, made a great point when he stated that: “Vapor products offer a promising path for harm reduction for those seeking to quit or limit their smoking. This regulation would ensure the FDA’s regulatory process does not limit the availability of safer tobacco options for those seeking to make use of them.

tom cole

Congressman Tom Cole (R-OK)


Sanford Bishop (D-GA)

The FDA has been anti-vaping from the start because they want federal grant money and would rather continue to make money from cigarettes as well as playing the other side of the fence in their anti-smoking campaign. Vaping has been proven to be a much safer alternative and rather than judging it as a negative act, the FDA should really be promoting it above smoking. However, the FDA benefits from demonizing vaping both monetarily and through regulations.


Thankfully, this bipartisanship bill is popular in Washington, and is looking to keep the FDA’s hands off of banning nearly all vaping products. Representative Tom Cole, the Republican from Oklahoma, stated that: “While there is disagreement about whether certain tobacco products should be regulated or not, there should be agreement that new regulations should apply to products moving forward, and not retroactively.”


This truly hits the nail on the head of how most vapers feel. Obviously, to keep people safe, regulations will exist as vaporizing become more popular. However, allowing corrupt politicians and the FDA to regulate and tax vaping products into non-existence will benefit them and bring people to smoking cigarettes, which we have decades of proof that it is extremely dangerous and deadly.


This government draft law will stop the FDA from making a political move for money and make it fair for the vaping industry moving forwards. Rather than retroactively regulating and costing the vaping manufacturers money from products that have already been on the market for years, this bill would make regulation reasonable and apply to new products coming out. Just like in the vaping industry and alcohol industry, this kind of regulation makes sense and even vapers can understand it, as long as it is fair.


As both representatives have stated, the “inconsistent authority” of the decisions being made on vaping need to be addressed so that vapers, the vape industry, and consumers are not taken advantage of for the sake of politics and money.

With the ability to grandfather certain products in (those made on or before August 8th, 2016), will make regulating new vaping products easier, more fair, and safer. “This legislation preserves the FDA’s ability to regulate these products on par with cigarettes, grandfathers currently available products and then requires the FDA’s approval before any new product is introduced.”


This means that this bill will set in stone once and for all what products the FDA can regulate and this gives vaping manufacturers the time to gain FDA approval of new products while not having to go back and spend God knows how much to retroactively gain approval for items that have been around for years.


Benefits of This Bill

The new bill, which looks like it will be passed without issue, does five important things:

Saves small and mid-size vape businesses

There are thousands and thousands of SMBs (small-medium businesses) with tens of thousands of employees that can finally continue working and profiting in the vaping industry. Nearly all products on the vape market were sold after the original predicate date in 2007 — the nine years of innovation up to August 8th, 2016 will remain available to consumers.

Saves lives — really

It is not even a matter of opinion — vaping absolutely saves lives. It decreases the instances of deadly diseases and illnesses that are commonplace among cigarette smoking. Vaping products have gained a more widespread consumer base and acceptance among both smokers who are trying to quit cigarettes, as well as non-vapers who understand that vaping does not produce the deadly secondhand smoke that cigarette smoking does.

In fact, the Royal College of Physicians’ comprehensive, peer review of vaping science concluded that E Cigs and vaping devices represent less than 5 percent of the risks of tobacco cigarettes.


Addresses the issue of product safety

The “FDA Deeming Authority Clarification Act of 2017” will do exactly what it sounds like — clarify how and in what instances the FDA can implement their rulemaking on product standards for batteries within 12 months. This makes things safer for vaping consumers and finally addresses product safety in a way that is based in law and not by the FDA running wild making off-the-cuff decisions.

This also legitimizes and validates vaping as a real and separate method of consuming tobacco.

Protects youth

The bill would also restrict youth marketing and youth access to vapor products. While the vaping industry already requires you to be 18 or 21+ years of age to purchase their products, As an adult vaper, this is perfectly fine with me, and is for just about everyone else in the vaping industry.


Gives the federal government the ability to actually enforce the law (by finally creating a law that can act as precedent)

The Act would also require retailers to register their establishment unless the retailer is already required to register under state or federal law. This can actually help vaping businesses in terms of getting the ball rolling on purchasing stock, selling, and marketing their products. It also validates their establishment as a registered business that proves they are adhering to safety standards and fair business.



We are keeping an eye on the “Deeming Authority Clarification Act of 2017” and will keep our readers updated on what happens. We are confident, however, that this Act will be passed, which is just one more protection against the cowboy nature of the FDA and their unchecked regulations and rules on the vaping industry. Now, this bill will keep them in check while making vaping safer, accepted, and legitimate in the business world.


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