A letter signed by representatives from 19 advocacy groups was sent to U.S. President Donald Trump today urging him to immediately end the U.S. Food and Drug Administration’s (FDA) “aggressive regulatory assault” on the vapor industry.
“From inaction on pending product approvals, to threatening
letters sent to American manufacturers, and promises to begin new rulemaking
that would make illegal certain consumer products, this FDA is currently
pursuing several policies that are more extreme than those contemplated by the
Obama administration,” the letter reads. “FDA Commissioner Scott Gottlieb’s
effort to curb the $6.6 billion electronic cigarette industry and an even
larger reduced risk tobacco alternatives market is inconsistent with your
clearly articulated deregulatory objectives and will destroy jobs, limit
consumer freedoms, and harm public health.”
The signatories were: Grover Norquist, president, Americans
for Tax Reform (ATR); Lisa Nelson, CEO, ALEC Action; Norm Singleton, president,
Campaign for Liberty; Tom Schatz, president, Citizens Against Government Waste;
Michelle Minton, senior fellow, Competitive Enterprise Institute; Jeff Stier,
senior fellow, Consumer Choice Center; Kenneth T. Cuccinelli II, director of
Regulatory Action Center, FreedomWorks and former Attorney General of Virginia;
Henry I. Miller, founding director of the Office of Biotechnology, FDA; Naomi
Lopez Bauman, director of Healthcare Policy, Goldwater Institute; Mario H.
Lopez, president, Hispanic Leadership Fund; Julie Gunlock, director of Center
for Progress and Innovation, Independent Women’s Forum; Bob McClure, president
and CEO, The James Madison Institute; Seton Motley, president, Less Government;
Pete Sepp, president, National Taxpayers Union; Douglas Kellogg, director,
Ohioans for Tax Reform; Henry I. Miller, former director, Office of
Biotechnology, FDA; Carrie L. Wade, director of Harm Reduction Policy, R Street
Institute; Paul Gessing, president, Rio Grande Foundation; and Tim Andrews, executive
director, Taxpayers Protection Alliance.
The letter explains that vapor products do not contain
tobacco and deliver nicotine without the combustion or tar that is found in
traditional cigarettes. There are also numerous studies that have found that
vapor products are at least 95 percent less harmful than combustible cigarettes.
The letter also states that Gottlieb and the FDA Center for Tobacco Products
Director Mitch Zeller, and Surgeon General Jerome Adams have acknowledged the
harm reduction potential of e-cigarettes.
“Unfortunately, a spike in the use of these products by
teens has resulted in regulatory panic and significant government overreach.
Commissioner Gottlieb has already pressured major manufacturers of e-cigarettes
to remove many products from convenience store shelves, suggested that more
than one hundred thousand retailers limit adult access to these products, and
threatened to use agency power to remove thousands of legal products from the
market,” the letter reads. “We do not write you today urging your
administration to ignore the concerns about the use of e-cigarettes by teens. We
do, however, urge your administration to subject the FDA’s response and actions
to much closer scrutiny and examine it within the context of your broader
deregulatory and pro-jobs agenda.”
When President Trump signed Executive Order 13771 “Reducing
Regulation and Controlling Regulatory Costs” he directed departments and
agencies to not only eliminate at least two regulations for every new one
created but to sensibly manage costs. The deregulatory efforts led to over $33
billion in savings through October of last year, according to the letter.
Nearly every department and agency identified harmful regulations and worked to
untangle and repeal them. One glaring exception has been the FDA.
“It’s important that we hold the president accountable for
the promises he made in the 2016 campaign and initial days of his
administration,” said Paul Blair, director of strategic initiatives for ATR. “Regardless
of one’s politics, it’s clear that across every department and agency, the
deregulatory agenda is being fully implemented. That’s just not happening at
the FDA and we want the president to know that conservatives are fed up.”
Blair goes on to say that vapers are passionate consumers
and more importantly they represent millions of voters, adding that they
believe they’ve made a personal decision to improve their health. “There is a
broad coalition in support of our efforts here, it’s not just [ATR’s]
discontent at the FDA,” he says. “I want the President to understand that even
though ATR has been out in front of this issue for years, we’re not alone in
recognizing the importance of getting regulations for the tobacco and vapor
industry right.”
It is likely that the impact of the FDA’s proposed, pending,
and possible new guidance and rules for vapor products will amount to billions
of dollars in lost economic activity and costs, according to the letter. Blair
says it’s inexcusable. “At this point, a Hillary Clinton presidency would have
been no different for the industry than Trump’s, all thanks to Scott Gottlieb’s
misguided crusade.”