FDA delays another deeming deadline; what’s going on?

Now the first two major deeming requirements have been postponed


The FDA Center for Tobacco Products announced that it is postponing the due date for submission of ingredient listings for newly deemed tobacco products. The dates have been moved back six months.

The new due dates are as follows:

  • August 8, 2017 for manufacturers with sales of more than $5 million or 150 or more employees. (The previous due date was Feb. 8, 2017.)
  • Feb. 8, 2018 for small-scale manufacturers (The previous due date was August 8, 2017.)

The announcement followed December’s postponement of the deadline for registration for “tobacco products” manufacturers and submission of product listings. That change was widely attributed to an overload of the FDA’s FURLS (FDA Unified Registration and Listing System) online system.

As of now, the slow-motion ban is still on schedule.

It’s uncertain what prompted the second delay, since the ingredient listing is submitted to a different online system that is supposed to be more robust. The registration and product listings, and the ingredient listings, had been the first two important deadline dates in the deeming timeline.

Again, this gives manufacturers a brief reprieve to make certain they’re doing the most thorough job possible in preparing their submissions. Although advocates are working to find legislative solutions, and there is still the possibility of a court victory, manufacturers of deemed products should proceed with the assumption that the law will stand. As of now, the slow-motion ban is still on schedule.

Jim McDonald

I spend most of my time studying the regulatory, legislative and scientific challenges to vaping, advocating for our right to exist, and talking with others who do the same. Consider me a source for information, and feel free to agree or disagree with anything I say. I love good coffee and sweet Michigan cherries. My childhood hero was Gordie Howe.

  • Larry

    Betting that all those new regs will be dropped after Jan 20.

    • Jim McDonald

      If you mean the deeming rule, it can’t be dropped. It’s in place now. It can only be removed by Congress or the courts.

  • Kevin

    Jim, can you provide the FDA link where this is published?