Joining AATAC means that our retailers will meet quality companies with products and services that will help you prosper.

The White House ‘Deeming’ Review: What’s Next?

WASHINGTON — More than a year after the public comment period ended, the U.S. Food and Drug Administration (FDA) has finally filed its updated the “deeming” regulations determining whether electronic cigarettes, cigars and other previously undeemed tobacco products fall under the FDA’s control.

As reported in a 21st Century Smoke/CSP Daily News Flash citing The Cigar Authority and Cigar Aficionado, the FDA has officially submitted its final deeming regulations to the White House.

“The White House Office of Information and Regulatory Affairs (OIRA) accepted FDA’s draft final deeming rule for review on Oct. 19, 2015,” Andrew Perraut, a former OIRA policy analyst who now works as an industry consultant, told Tobacco E-News. “OIRA will coordinate the rule’s review at the White House and throughout the federal government, and ensure that it complies with the president’s priorities and principles of cost-benefit analysis.”

This represents the eighth step in the nine-step rulemaking process. Following the OIRA/White House Office of Management and Budget (OMB) review, the ninth and final step is for the FDA to issue its finalized regulations to the public.

As Perraut pointed out, unlike the FDA, which considers public health, the White House review seeks to ensure the regulations align with the president’s agenda and looks at the costs and benefits of the proposed regulations. As such, proposed regulations can be significantly changed during the White House review.

Perraut, who worked on the 2014 redrafting of the original proposed deeming regs, said the proposed rule was “fundamentally different” after the White House sent it back to the FDA.

Many within the tobacco and vapor industry are hoping for similar results this time around.

“If the FDA’s position on the grandfather date has not radically shifted in the past year, the deeming regulation will unquestionably harm public health and close down thousands of small businesses,” said Gregory Conley, president of the American Vaping Association. “We are hopeful that the OMB will take a serious look at the negative health and financial impacts that will result from deeming these smoke-free and tobacco-free products to be ‘tobacco’.”

Though the FDA’s public comment period ended in August 2014, there is an opportunity for interested parties to participate in the White House review process. According to Perraut, retailers and manufacturers can request a meeting to present their case to OIRA during the review period.

“It’s as important, if not more important, to be engaged during the period of White House review than it is to give comments” to the FDA, he said.

There is no official deadline for the White House to complete its review, but the process typically takes a maximum of 90 days. “Although in some cases the review period may be longer or shorter than that,” Perraut added.

He means that the time to get involved is now—especially since The Cigar Authority reported “the FDA is pushing for an expedited process.”

Author(s): 
Melissa Vonder Haar

jota

About jota

Vendor Application

 

Toll Free: 888-662-7780

Here at AATAC we are always looking for companies that may enhance our member’s businesses and better the industry as a whole. If you are interested in becoming a preferred vendor within our network please fill out this information form.

Send info and materials to our receivables office:

503 E. Jackson St. STE# 141
Tampa, FL. 33602

×

Answer

Answer the Question of the Day by filling in the information below and send it to us for your chance to win the prizes and exclusive discounts offered only to our members!

×

QOD

Located on the front page of our national website is a field called “Question Of The Day” (QOD). Each day we post a different question about the products and services that are presented through our website. The answer to this question can be found on one of our partner’s web pages. Our members will navigate through the preferred vendors page to find the answer to your question while subconsciously educating themselves about your company! AATAC effectively selects members who answer the question correctly to win rewards which include; rebates, complimentary services, cash, promotional offers from vendors, prizes, giveaways, etc. *Your QOD should be 1-2 sentences in length and can not name a specific product or company within the question. 

Here are some examples:

Which preferred vendor offers your customers a 99% accurate drug test that reads results in five minutes?  

One of our partner’s provides important compliance training classes in a virtual setting for a low cost. Who is it?

×

Your Vendor Category

When your logo and redirect are added to our preferred vendors catalog it offers two very important elements to members:

  1. It tells them that your company has been vetted and approved for business within our network. 
  2. It encourages them to visit your website where they can learn more about your company. 

*IMPORTANT:

 

 

×