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Election 2016: How it impacts vaping

Election 2016: How it impacts vaping

Thursday November 10, 2016

After a long and divisive election cycle Donald Trump has taken the white house, and the republican party has taken control of both houses of congress.  Even if you oppose both Trump and the Republican party, there may be a silver lining for all of us vapers.

Where we stand today

The FDA's deeming regulation of vapor products took effect on 08/08/2016 under the guise of "protecting the children".  The market is now frozen and all products must now either go through a burdensome multi-million dollar pre-market approval process, claim an exemption as existing before the grandfather date of 02/15/2007, or exit the market.  That grandfather date essentially predates this entire industry, and none of the small businesses dominating this industry can afford the approval process.

While the FDA is quick to deny it, this is clearly a ban through over-regulation.

A solution?

There are two motions in congress that are not ideal, but would prevent the overnight destruction of thousands of businesses coming on 08/08/2018. Both HR2058 and the Cole/Bishop amendment seek to change the grandfather date to the date which regulations took effect, or 08/08/2016. Basically, prolonging the current market freeze inevitably. While HR2058 is stuck in a subcommittee and may never see the light of day, the Cole/Bishop amendment is wisely attached to the "must-pass" Omnibus spending bill or as you may recognize it "The Budget".

Innovation and safety improvements would still be hindered, but the products you enjoy today would continue to be available and the businesses providing them would be able to continue to fight the FDA.

The roadblock

The problem is that both Obama and the Democrats have opposed these bills, again under the guise of "protecting the children" and that vapor products are "a gateway to smoking cigarettes". Right, because little johnny will also want to own a horse and buggy after driving his first car. Unfortunately it sounds plausible to those who don't smoke and don't understand why we all vape.

The silver lining

Donald Trump has expressed an eagerness to dismantle nearly everything that President Obama has achieved. He has also campaigned for presidency by claiming to be the champion of the middle class. Passing a bill that he can rightly claim will save thousands of lives, businesses, and jobs that the Democrats sought to destroy should be right up his alley.

A President Trump is also likely to replace the Secretary of Health and Human Services, which oversees the FDA. That alone could also help change the course we are currently set on.

A wildcard in all this is soon to be Vice President Mike Pence, who as governor of Indiana has turned the industry in his state into a crony monopoly.

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