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August 8, 2016

Does Congress Understand the Deeming Process?

What do our legislators know?

Do our elected officials understand that the FDA is in the process of trying to destroy vaping? Some obviously do, like Reps. Tom Cole of Oklahoma and Sanford Bishop of Georgia, the house members that introduced the amendment to the Agriculture Appropriations Bill that would change the predicate date in the deeming regulations. Without that change, current products will be unable to remain on the market after two years without undergoing a prohibitively expensive approval process.

The FDA plays an important role in monitoring the safety of all tobacco products, and I will keep your views in mind whenever considering related issues in the U.S. Senate.

- Sen. Debbie Stabenow

CASAA has created a website called August8th.org specifically to make it easy for vapers and other citizens to reach all of their elected federal officials in one fast and easy step. When you fill out the form at the August8th site, your letter is automatically e-mailed to your representative, both senators, and President Obama.

The White House did what?!

When you receive a response, don’t be shocked if it’s nothing but a form letter that really takes no position on the issue of vaping, but simply lays out the facts of the issue — perhaps with either a positive or negative slant, depending on whether the legislator has already taken a position.

Imagine the surprise though to see a response that attempted to do that, but was completely wrong about the indisputable fact that the deeming is about to happen! Debbie Stabenow, one of my US senators from Michigan, is unaware that the FDA asserts authority over vapor products on August 8.

Instead, she has confused the deeming process with the White House Office of Management and Budget nixing the FDA’s plan to ban all e-liquid flavors. “On June 1, 2016, the White House Office of Management and Budget rescinded the FDA proposal that would have subjected electronic tobacco products to premarket review,” she wrote.

That is a completely false statement. As every vaper knows, any product introduced to the market after August 8 will have to do just that — submit a Premarket Tobacco Application after spending a million dollars or more on the required research and testing.

Misinformation is no joke

Inform - Mislead

Sen. Stabenow’s response might be funny, if not for the real possibility that this error could lead people away from the horrible truth. How many Michigan residents wrote Sen. Stabenow to correctly voice opposition to the FDA’s regulatory overreach, and then received this wholly incorrect “factual” response? How many assumed that the problem had already been solved and paid no further attention to it?

Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.

- Sen. Debbie Stabenow

Not all vapers — and certainly few non-vapers — are as aware as the people reading this story. How many concerned people have received this response? A U.S. senator disseminating outright falsehoods about federal regulations is no joke. Michigan vapers should call Sen. Stabenow’s office and politely correct her mistake, and ask that she consider the thousands of Michigan residents whose health will be damaged by the FDA’s actions.

Smokers created vaping without any help from the tobacco industry or anti-smoking crusaders, and vapers have the right to keep innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I recently joined the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy


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I received that same email as a response and knew that it was a feeble attempt to get people to stop emailing her about it. She is worthless, and I hope that someone will run against her in 2018.

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