FDA Funding Bill Delays Proposed Tobacco Regulations on E-cigarettes

Regulations by 2FIRSTS.ai
Jun.18.2024
FDA Funding Bill Delays Proposed Tobacco Regulations on E-cigarettes
The US FDA funding bill with a language provision could delay tobacco regulations amid partisan division in Congress.

According to a report by Halfwheel on June 17, a recently passed bill funded by the U.S. Food and Drug Administration (FDA) includes a language provision that, if passed, would delay the proposed tobacco regulations until the FDA completes regulatory adjustments for e-cigarette products.

 

Last week, the House Agriculture Subcommittee, Rural Development, Food and Drug Administration, and related agencies passed their expected appropriations bill for the 2025 fiscal year. The vote followed party lines, with Republicans voting in favor and Democrats voting against. The bill has now been referred to the full House Appropriations Committee, which may make amendments before the bill is taken to a full vote in the U.S. House of Representatives.

 

In this situation, the language provisions in the bill text typically reflect certain senators' attitudes towards FDA actions. As an executive agency, the FDA essentially has the authority to make policies without congressional approval. Annual appropriations bills give elected officials the opportunity to withhold funding to force the FDA to change its course of action.

 

The bill includes provisions relating to tobacco and nicotine products, prohibiting the FDA from using funds to enforce three key regulatory policies.

 

It is prohibited to sell mint-flavored cigarettes in the United States, as well as flavored cigars. There are restrictions on nicotine content in products. When legislators introduce these provisions, they often provide direct instructions, such as stating that the FDA cannot use funds for a specific purpose. In this case, the provision specifies that funds cannot be used to enforce the above-mentioned policies unless the FDA completes a series of adjustments related to the regulation of e-cigarette products. These adjustments include:

 

1. The updated "Industry Priority Enforcement Guidance" (January 2020) expands the priority enforcement scope for disposable flavored e-cigarette products (technical term for e-cigarette products) beyond pod-based products. 2. Issuing final rules requiring foreign manufacturers to register. 3. Collaborating with Customs and Border Protection as well as the United States Postal Service to prevent the import of products that have received market refusal orders (i.e. FDA refusal letters). 4. Publicly authorizing a list of approved products. 5. Issuing "Import Alerts" for products that may be in violation. 6. Submitting quarterly reports to Congress on the progress of non-compliant products.

 

Even if these provisions are passed, they may not necessarily affect the FDA's regulation of tobacco and e-cigarette products. In April of this year, the White House announced a delayed proposed ban on menthol cigarette sales. Most people believe that this delay also impacted the proposed ban on flavored cigars, possibly due to the upcoming elections.

 

Although the FDA proposed creating limits on nicotine in early 2018, there has been little progress in actually implementing these restrictions since then.

 

It is more likely that these funding restrictions will not ultimately become law. The committee markings are just the first step in the FDA funding approval and allocation process. Recently, Congress typically relies on omnibus appropriations bills, a process of packaging various appropriations bills into one large funding bill. The language passed by the committee is usually seen as the starting point for the omnibus appropriations bill, but last-minute changes are also common in this process.

 

For example, last year, the committee approved a stricter provision that directly prohibits the FDA from implementing a ban on menthol cigarettes, flavored cigars, and nicotine restrictions, without any proposed changes for e-cigarette products.

 

Earlier, according to Axios, Republican lawmakers lost a private space in the Capitol building where they could enjoy cigars due to changes in the role of the House committee chair. This has made them nervous and prompted them to request House Speaker Mike Johnson to address the issue.

 

Notice

1. This article is provided exclusively for professional research purposes related to industry, technology and policy. Any reference to brands or products is made solely for the purpose of objective description and does not constitute an endorsement, recommendation, or promotion of any brand or product.

2. The use of nicotine products, including but not limited to cigarettes, e-cigarettes, and heated tobacco products, is associated with significant health risks. Users are required to comply with all relevant laws and regulations in their respective jurisdictions.

3. This article is strictly restricted from being accessed or viewed by individuals under the legal age.

Copyright

This article is either an original work by 2Firsts or a reproduction from third-party sources with the original source clearly indicated. The copyright and usage rights of this article belong to 2Firsts or the original source. Unauthorized reproduction, distribution, or any other unauthorized use of this article by any entity or individual is strictly prohibited. Violators will be held legally responsible. For copyright-related matters, please contact: info@2firsts.com

AI Assistance Disclaimer

This article may have utilized AI to enhance translation and editing efficiency. However, due to technical limitations, errors may occur. Readers are advised to refer to the sources provided for more accurate information.

This article should not be used as a basis for any investment decisions or advice, and 2Firsts assumes no direct or indirect liability for any errors in the content.

2Firsts Observation | UK Disposable Vape Ban Takes Effect: ELFBAR AF5000 Discontinued, Replaceable Version Coming Soon
2Firsts Observation | UK Disposable Vape Ban Takes Effect: ELFBAR AF5000 Discontinued, Replaceable Version Coming Soon
According to 2Firsts' observation, the ELFBAR AF5000—once one of the best-selling “2+10” products in the UK—has been removed or marked as discontinued on several major e-commerce platforms. Meanwhile, ELFBAR’s UK website shows that a replaceable pod version of the AF5000 is coming soon, potentially entering the market as a compliant alternative.
Jun.27
Over 40% of Teens in Northern Ireland Use E-Cigarettes
Over 40% of Teens in Northern Ireland Use E-Cigarettes
A new study by Northern Ireland’s Public Health Agency (PHA) reveals that over 40% of students aged 17 to 18 currently use e-cigarettes, while 15% of teenagers overall are vaping. The PHA is calling for enhanced health education to help families and educators engage in open conversations with young people and discourage e-cigarette use.
May.16 by 2FIRSTS.ai
VUSE Pro Smart Debuts with Display and App Integration
VUSE Pro Smart Debuts with Display and App Integration
British American Tobacco's Vuse brand has unveiled its first screen-equipped e-cigarette, the Vuse Ultra, at the Swiss Tobacco Exhibition. This device features a compact AMOLED display that provides real-time information on battery life and e-liquid levels. It integrates with the MYVUSE app, offering functionalities such as usage tracking, device location, and cloud control. Notably, the Vuse Ultra comes with a removable battery, facilitating responsible disposal.
May.09 by 2FIRSTS.ai
Philippines Seizes 81,000 “TEAM PAPA” Vape Pods Worth Over $9.7 Million
Philippines Seizes 81,000 “TEAM PAPA” Vape Pods Worth Over $9.7 Million
On May 8, Philippine authorities raided a home in Marilao, Bulacan, and seized 81,200 illegal “TEAM PAPA” vape pods. The bust, led by the Bureau of Internal Revenue and National Bureau of Investigation, involves an estimated $9.7 million in taxes and penalties.
May.16 by 2FIRSTS.ai
Malaysia's Perlis State to Ban All Vape Sales Starting August 1
Malaysia's Perlis State to Ban All Vape Sales Starting August 1
Malaysia’s Perlis state has announced a full ban on vape sales starting August 1, affecting an estimated 50 retailers and halting the issuance of related business licenses.
May.14 by 2FIRSTS.ai
BAT Rolls Out Updated glo™ and neo™ Series in Japan Starting May
BAT Rolls Out Updated glo™ and neo™ Series in Japan Starting May
British American Tobacco Japan will launch a limited-edition version of its heated tobacco device, the glo Hyper Pro “Aurora,” starting May 26. The company also revamped its neo™ line on April 15, introducing updated names, flavors, and packaging. A new tobacco stick variant, “Neo Brilliant Red Fruits for Hyper,” was added to cater to evolving consumer preferences in Japan.
May.12 by 2FIRSTS.ai