The highly anticipated Cole-Bishop Amendment has failed to clear the Senate floor, but that doesn’t mean it’s dead in the water just yet.
The Cole-Bishop Amendment, which you can read in-depth about on Moon Mountain, was put on hold temporarily. CSP Daily News is reporting that the amendment, which was created to ease the overreaching FDA regulations in the vaping industry, failed to get into the federal legislation budget that was passed last month.
For readers who may not be aware, the Cole-Bishop Amendment was created by U.S. Representatives Tom Cole, R-OK, and Sanford Bishop, D-GA, would have changed the FDA’s predicate date from February 15, 2007, to a date set in 2016. This would have given the vaping industry, which began flourishing in 2009, a reprieve from the onerous deeming regulations that set the price tag of PMTAs at over $500,000 per product.
It was not to be.
Gregory Conley, the president of the American Vaping Association, revealed that the proposed amendment did not make it into the legislation budget, which will fund the federal government up until April 25, 2017. President Obama has already signed the bill, meaning that no further changes to the legislation will be accepted.
However, the amendment is not dead yet. Representatives Cole and Bishop can still reintroduce the piece of legislation when the budget is again considered in the next session.
Many in the vaping industry are pulling for the amendment. There is real hope that it will be accepted next year, as it is sponsored and supported by legislators in both the House and the Senate and has the encouragement from both sides of the aisle.
The vaping industry has been under increasing pressure since the FDA regulations went into effect earlier this year. Dozens of businesses have already closed, and more are expected to do so by the beginning of spring. This has led to the unintended consequence of loss of revenue and small business jobs all over the country.
The need to fix the predicate date is an important issue. It is an arbitrary date that was assigned to vaping products, even though the industry, again, was not established until late 2008 and early 2009. That means all of the products on the shelves are currently in danger of being removed from the market.
This is cause for concern for any vaper, especially considering that the industry is seen as a safer alternative to smoking traditional cigarettes. To get rid of it altogether, which is what the predicate date might just do, would be a loss to the public health of America. This is why the Cole-Bishop Amendment is important, and this is why this publication will continue to update readers on the status of this legislation.