Who is next in the FDA?

Vapor News and Views
Who is next in the FDA?

News and views on vapor tax and regulatory issues from across the United States. The best way to stay up to date with what’s happening in Washington and in your state capitol.

Friends,
Donald J.Trump has been sworn in as the 45th President of the United States, his nominee for Health and Human Services is on the verge of taking charge of the agency, the administration is weighing and taking daily action on federal regulations, and we’re on the cusp of even more significant debates over health care in the United States.
Here’s my assessment of week one under President Trump: his actions on things like the Keystone XL Pipeline, the Mexico City Policy, federal hiring and regulation freezes, and daily rhetoric/Tweets indicate he meant most of what he said during the campaign. He cares about creating new jobs, undoing much of the Obama legislative and regulatory “legacy,” and is open to Big League reform, whether it be done through executive actions or by Congress.
So what? Soon-to-be HHS Secretary Tom Price, the next head of the Food and Drug Administration, and key legislative champions for the industry (Senator Ron Johnson & Congressman Duncan Hunter among them) all need to be on the same page very soon so that we too can be included in the draining of the status quo swamp. What does this industry want or need immediately from the administration? What does it need long term from Congress? Think on it. Let me know your thoughts. Shoot me an email at [email protected].
Paul Blair
Strategic Initiatives Director 
Americans for Tax Reform
Who will take the reins as next head of the FDA?

So who is under consideration to run the Food and Drug Administration? Over the last two months, a number of names have been floated by individuals associated with the Trump transition team and several have been spotted at Trump Tower and even confirmed as considered appointments by the Trump team. Here are a few:

  1. Dr. Scott Gottlieb: former deputy commissioner at the FDA under President George W. Bush, venture partner at New Enterprise Associates, and resident fellow at the American Enterprise Institute (AEI). For those of you who may not know, AEI is almost as big a fan of vapor products and their consumers as we are at ATR. I know, I’m biased. But go read anything Dr. Sally Satel has ever written or said on the subject if you haven’t. Hi Sally!Gottlieb is advising the Trump transition team and as a former regulator would make a more traditional pick to lead the agency. I’m led to believe this guy gets it when it comes to harm reduction and the importance of innovation in the vapor space. 
  2. Jim O’Neill: closely connected to Trump supporter Peter Thiel, the billionaire businessman and venture capitalist who co-founded PayPal. O’Neill is managing director at Thiel’s Mithril Capital Management. He isn’t a doctor and doesn’t have a deep background in healthcare but did serve in W.’s HHS between 2002-2008.O’Neill has publicly expressed support for allowing drugs to hit the market after they’ve been deemed safe but before they’ve been deemed effective. See this Forbes piece on the “progressive approval” process. This would be what they call ‘UGE. Picking O’Neill would be one of those extremely bold shake up the FDA with a guy opposed to the status quo kind of things. 
  3. Dr. Joseph Gulfo: the executive director of the Lewis Center for Healthcare Innovation and Technology at Fairleigh Dickinson University, and the former President and CEO of the medical device firm MELA Sciences. A defender of the FDA’s underlying mission but big advocate for reforms that simplify the drug-approval process. Click here to read an interview he did this week and a piece he wrote for the Wall Street Journal in November. He’s the newest name on the short list.
  4. Balaji Srinivasan: another Silicon Valley entrepreneur connected to Thiel. He’s a partner at the VC firm Andreessen Horowitz, CEO of a bitcoin startup, and lecturer at the Departments of Statistics, and Computer Science at Stanford.

Okay, what do all of these possible picks mean for the FDA and the vapor industry? There’s clearly a push for someone from the tech/biotech industry to take the reins and it’s likely that the next head of the FDA will come from the venture capital world, bringing with them a better understanding of entrepreneurship, economics, and the importance of innovation than recently departed Commissioner Califf or his predecessor Commissioner Hamburg. These guys aren’t career practicing doctors, they’re investors and innovators. We’re on the verge of seeing big changes at the FDA.

Note: Mitch Zeller, the director of the FDA’s Center for Tobacco Products is not a political appointee. He’s under no obligation to leave the position and will likely stick around for a while. That’s why we’ll need a culture shift above him at the FDA and at HHS. Congressional action helps too. 

Upcoming E-Vapor Law Symposium on February 2nd and 3rd
This coming week, Keller and Heckman will be hosting an E-Vapor Law Symposium covering a wide range of topics including PMTA requirements, pending litigation, international product regulations, battery standards, and of course taxes! You can register to watch online or participate in person here.
I’ll be giving an update on state tax laws, tax trends to watch for in 2017, and information on what’s to come for the vapor industry broadly when it comes to taxes on manufacturers, distributors, retailers, and consumers. To listen to a preview of my presentation, click here. (My presentation preview begins at 28:50)

Send Senator Johnson a Thank You Letter

Send Senator Johnson a Thank You Letter

Send Senator Johnson a Thank You Letter

Senator Ron Johnson (WI) is taking the Food and Drug Administration (FDA) to task over the impact of the “deeming rule” on small to medium vapor businesses across the country. Sen. Johnson, Chair of the Senate Committee on Homeland Security and Governmental Affairs, has sent several letters to the FDA requesting to see, among other things, their calculations regarding the number of vapor businesses that would be forced to close as a result of the deeming rule.

 

The FDA has rebuffed his request for information.

 

From CASAA’s perspective, the independent vapor shop is vital for ensuring consumer access to a wide variety of vapor products, as well as for helping smokers successfully transition to smoke-free products. Without a doubt, the FDA regulations will kill the diverse vapor market, which will lead to thousands of vapor shops closing. Senator Johnson is working to prevent that.

 

Please take a moment now to send Senator Johnson a thank you letter.

 

Click here to say,

“Thank you for standing up for vaping.”

 

(For a pre-written letter that you can print and send, click here. To edit this letter, make a copy in google drive and then include your additions)

 

If you live outside of Wisconsin or would prefer to write a letter by hand,

please send it to:

 

The Honorable Ron Johnson

517 East Wisconsin Avenue

Suite 408

Milwaukee, WI 53202

 

If you are collecting many letters to send off to the senator, please share a photo of your effort on social media. Use the hashtags #AnswerRonJohnson and #WeAreVapor

 


 

(Writing Tip #1) If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided.  If you take too long, they system will time out and you will lose your work.

(Writing Tip #2) Although we’ve provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters.  At a minimum, PLEASE INCLUDE YOUR PERSONAL STORY (just a few sentences) in the text of your email.

 

 

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Vaping Calls to action

Vaping Calls to action:

Please support our Vaping Community and respond to these Vaping Calls to action as well as for your state. Links provided are posted from :

CASAA – The Consumer Advocates for Smoke-free Alternatives Association

casaa.org
Federal Posts:

Current Calls to action for Federal (all states) as follows:

Currently, there are 26 congressmen listed as co-sponsors on HR 2058. We need MORE! If you haven’t taken action — vital action that will help protect our access to vapor products — Please take a moment now to send a fully editable, pre-written email to your US Representative urging them to support and co-sponsor HR 2058.

 

Thu May 14 2015 at 10:56 am PDT [email protected] (Alex Clark)
The FDA Deeming Authority Clarification Act of 2015 (HR 2058), introduced by Representative Tom…
Tue Mar 24 2015 at 5:15 pm PDT [email protected] (Julie Woessner)
FDA Call to Action: Submit comments on FDA’s First Workshop Regarding E-Cigarettes. In December…
Thu Apr 16 2015 at 5:36 am PDT [email protected] (Julie Woessner)
FDA Call to Action: Submit comments on FDA’s Second Workshop Regarding E-Cigarettes. The first…
Calls to action by State:
Tue Jul 21 2015 at 7:10 am PDT [email protected] (Alex Clark)
On Monday, July 13th, 2015, Alabama Governor Robert Bentley announced that the state legislature…
Fri Jul 10 2015 at 7:55 am PDT [email protected] (Alex Clark)
Update – 07.09.15 Although the PA State Assembly passed a budget bill in June that did not…
Thu Jul 09 2015 at 9:33 pm PDT [email protected] (Alex Clark)
Several bills are scheduled to be heard in the Joint Committee on Public Health on Tuesday, July…
Tue Jul 07 2015 at 4:27 pm PDT [email protected] (Alex Clark)
SB 140 will be heard in the Committee on Governmental Organization on Wednesday, July 8th at 1:30…
Thu Jun 25 2015 at 3:03 pm PDT [email protected] (Alex Clark)
Vapor taxes in Connecticut may be back on the table as the legislature scrambles to finish the…
Fri Jun 19 2015 at 5:04 am PDT [email protected] (Alex Clark)
(URGENT) The New York Legislature has gone to extra innings and two bills that would severely limit…
Mon Jun 15 2015 at 10:20 am PDT [email protected] (Alex Clark)
The Utah Legislature will once again be entertaining the prospects of enacting taxes on vapor…
Fri Jun 12 2015 at 9:48 am PDT [email protected] (Alex Clark)
(Update 06.12.15) Final consideration of The District’s Budget is set for Tuesday, June 16th. The…
Thu Jun 11 2015 at 6:52 am PDT [email protected] (Alex Clark)
HB 682 would deceptively redefine “smoking” to include the use of e-cigarettes for the purpose of…
Tue Jun 09 2015 at 8:48 pm PDT [email protected] (Alex Clark)
(Update – 06.10.15) URGENT! The Louisiana Legislature is about to take its final steps on, HB…
Tue Jun 09 2015 at 7:32 pm PDT [email protected] (Alex Clark)
(Update – 06.09.15) HB 5 has been placed on the Senate Agenda for Thursday, June 11th,…
Mon Jun 08 2015 at 4:59 am PDT [email protected] (Alex Clark)
(Update – 06.08.15) Last night (Sunday, June 7th, 2015), the Kansas Senate approved a bill that…
Fri Jun 05 2015 at 7:41 am PDT [email protected] (Alex Clark)
(Update – 06.05.15) Oregon vapers! Your help is needed immediately to oppose new taxes on vapor…
Tue Jun 09 2015 at 7:05 am PDT [email protected] (Alex Clark)
(Reminder – 06.09.15) Here are a few things to keep in mind about the Louisiana E-cigarette Tax…
Thu Jun 04 2015 at 10:15 pm PDT [email protected] (Alex Clark)
(Update – 06.04.15) It’s do or die time, Washington vapers! HB 2211 has been scheduled for a…
Wed Jun 03 2015 at 5:08 pm PDT [email protected] (Alex Clark)
(Update – 06.03.15) Ohio vapers, your voices are needed once again! The Ohio Senate is now…
Sun May 31 2015 at 2:54 pm PDT [email protected] (Alex Clark)
(Update – 05.31.15) On Thursday, May 28th, Governor Abbott signed SB 97 into law. Although CASAA…
Wed May 20 2015 at 9:39 pm PDT [email protected] (Alex Clark)
It is likely that tax language regarding electronic cigarettes will be added to a revenue or…
Tue May 12 2015 at 3:14 pm PDT [email protected] (Alex Clark)
(Update – 05.12.15) SB 139 has moved to conference committee and is on the agenda for tomorrow,…
Sat May 09 2015 at 6:28 pm PDT [email protected] (Alex Clark)
HP 670 would deceptively redefine “cigarette” to include “e-cigarettes” for the purpose of taxing…
Sat May 09 2015 at 9:55 am PDT [email protected] (Alex Clark)
(Update – 05.09.15) HB 5 has been assigned to the Senate Health & Social Services Committee…
Thu May 07 2015 at 9:22 pm PDT [email protected] (Alex Clark)
(Update – 05.08.15) HF 848 has moved to conference committee.  The members of this committee were…
Mon May 04 2015 at 6:13 am PDT [email protected] (Alex Clark)
(Update – 05.04.15) Neither SB 97 nor HB 170 have been favorably amended to protect online sales…
Sat May 02 2015 at 9:18 am PDT [email protected] (Alex Clark)
SB 463 would deceptively redefine “Tobacco” to include “electronic nicotine delivery systems” (or…
Sat May 02 2015 at 11:00 am PDT [email protected] (Alex Clark)
(Update – 05.02.15) SB 139 has narrowly passed the house with the addition of Rep. Jewett’s…
Wed Apr 29 2015 at 7:30 pm PDT [email protected] (Alex Clark)
(Update – 04.30.15) HB 5 (Indoor Vaping Ban) is on the House Agenda for today, Thursday, April…
Wed Apr 29 2015 at 5:15 am PDT [email protected] (Alex Clark)
Montgomery Co., MD Bill 15-15 would establish a 30% wholesale tax on electronic cigarettes sold…
Mon Apr 27 2015 at 9:09 pm PDT [email protected] (Alex Clark)
(Updated 4-27-15) On April 23, 2015, CASAA’s Chief Scientific Officer, Dr. Carl Phillips, testified…
Thu Apr 23 2015 at 4:46 am PDT [email protected] (Alex Clark)
The vapor tax* language from HF 2182 has been added to an amendment that will be offered in the…
Tue Apr 28 2015 at 5:44 am PDT [email protected] (Julie Woessner)
FDA Call to Action: Submit comments on FDA’s Second Workshop Regarding E-Cigarettes. The first…
Thu Apr 30 2015 at 8:53 pm PDT [email protected] (Alex Clark)
(Update 04.30.15) We have updated the instructions for testifying at the hearing on Friday, May…
Wed Apr 15 2015 at 4:19 am PDT [email protected] (Alex Clark)
Senate Bill 482 would require all e-cigarette retailers in Rhode Island to post false and…
Wed Apr 15 2015 at 4:15 am PDT [email protected] (Julie Woessner)
(Update – 04.15.15) HF 2182 has been scheduled for an informal hearing on THURSDAY, April 16th at…
Tue Apr 14 2015 at 3:39 pm PDT [email protected] (Alex Clark)
(Update – 04.14.15) Tomorrow, Wednesday, April 15th, 2015 at 8:30 a.m., there will be a hearing…
Tue Apr 14 2015 at 10:53 am PDT [email protected] (Alex Clark)
House Bill 427 would enact a 5 cents per ml tax on e-liquid as well as double the wholesale tax on…
Thu Apr 16 2015 at 4:25 am PDT [email protected] (Alex Clark)
DC Mayor Muriel Bowser has introduced the city’s budget for 2016.  The proposal includes the “Vapor…
Wed Apr 15 2015 at 4:19 am PDT [email protected] (Alex Clark)
Senate Bill 482 would require all e-cigarette retailers in Rhode Island to post false and…
Wed Apr 15 2015 at 4:15 am PDT [email protected] (Julie Woessner)
(Update – 04.15.15) HF 2182 has been scheduled for an informal hearing on THURSDAY, April 16th at…
Tue Apr 14 2015 at 3:39 pm PDT [email protected] (Alex Clark)
(Update – 04.14.15) Tomorrow, Wednesday, April 15th, 2015 at 8:30 a.m., there will be a hearing…
Tue Apr 14 2015 at 10:53 am PDT [email protected] (Alex Clark)
House Bill 427 would enact a 5 cents per ml tax on e-liquid as well as double the wholesale tax on…
Tue Apr 14 2015 at 3:40 pm PDT [email protected] (Alex Clark)
(Update – 04.13.15) HB 5 has passed out of committee. It is important that vapers continue to act…
Tue Apr 14 2015 at 3:41 pm PDT [email protected] (Alex Clark)
(Update – 04.12.15) Please see the latest update and opportunity to take action from Hawaii…
Sun Apr 12 2015 at 8:32 am PDT [email protected] (Alex Clark)
LD 1108 would deceptively redefine “smoking” to include “an electronic cigarette giving off vapor”…
Wed Apr 08 2015 at 9:06 pm PDT [email protected] (Alex Clark)
(Update – 04.09.15) Governor Kasich’s budget is making its way through the Ohio budget process….
Fri Apr 03 2015 at 6:58 am PDT [email protected] (Alex Clark)
Activities for this Call to Action: Send an Email Call the Bill’s Sponsor, Sen. Sylvia Garcia…
Thu Apr 02 2015 at 7:15 pm PDT [email protected] (Alex Clark)
HB 2074 and HB 2134 would expand Oregon’s definition of “tobacco products” to include “vapor…
Thu Apr 02 2015 at 9:03 am PDT [email protected] (Alex Clark)
HB 2211 would enact an unjustifiable extra tax of 60% of sales price on vapor products — liquids…
Thu Apr 02 2015 at 6:07 am PDT [email protected] (Alex Clark)
Like several states this year, North Dakota is considering bills to ban sales of e-cigarettes to…
Wed Apr 01 2015 at 11:05 am PDT [email protected] (Alex Clark)
AB 768 (the Tobacco Free Baseball Act), introduced by Assemblyman Tony Thurmond and co-sponsored by…
Tue Mar 31 2015 at 6:42 am PDT [email protected] (Alex Clark)
(Update – 03/30/15) Both bills that would include vaping in Alaska’s smoking law, SB 1 and HB 40,…

Nevada Senate Bill 201 would deceptively redefine “smoking” to include the use of “electronic smoking devices” for the purpose of including vaping in the state’s indoor clean air act.  

Please take action now by sending a message to your state senator and members of the committee.

Please share this post on your Facebook wall and in groups:

Mon Mar 30 2015 at 7:34 am PDT [email protected] (Alex Clark)
(Update – 03/30/2015) The discussion about prohibiting sales of vapor products to minors in…
Sat Mar 28 2015 at 1:35 pm PDT [email protected] (Alex Clark)
(Update – 03.28.15) SB 415 (ban on sales of flavored e-liquid) is scheduled for a work session…
Sat Mar 28 2015 at 8:30 am PDT [email protected] (Alex Clark)
(Update – 03.28.15) Two amendments have been offered to HB 5.  HA 1 would carve out an exemption…
Fri Mar 27 2015 at 5:52 am PDT [email protected] (Alex Clark)
(Update – 03.27.15) Yesterday, SB 978 was “pulled back” in order to consider changes that would…
Thu Mar 19 2015 at 8:46 am PDT [email protected] (Alex Clark)
(Update – 03/19/15) HB 1432 (same as SB 539) is moving toward a vote on the floor next week and…
Tue Mar 17 2015 at 5:49 am PDT [email protected] (Alex Clark)
(UPDATE – 03/17/15) Vermont House Bill 233 would tax “tobacco substitutes” (vapor products…
Sun Mar 15 2015 at 11:24 am PDT [email protected] (Alex Clark)
Senate Bill 447 would alter the state’s definition of “smoking” to include the use of electronic…
Sun Mar 15 2015 at 10:50 am PDT [email protected] (Alex Clark)
Alabama Representative Steve McMillan has introduced a bill (HB 224) that would enact a $0.25/ml…
Sun Mar 15 2015 at 11:00 am PDT [email protected] (Alex Clark)
House Bill 5690 would ban the use of e-cigarettes in ANY indoor space in Rhode Island.  As written,…
Mon Mar 16 2015 at 3:43 pm PDT [email protected] (Alex Clark)
PA Governor Tom Wolf’s proposed budget for FY 2016 would enact a 40% wholesale tax on both vapor…
Thu Mar 12 2015 at 12:25 pm PDT [email protected] (Alex Clark)
(Update – 03/12/15) House Bill 1645 is scheduled for a hearing in the House Committee on…
Wed Mar 11 2015 at 5:29 am PDT [email protected] (Alex Clark)
HB 415 (second substitute): Having successfully staved off a massive tax threat, Utah vapers are…
Fri Mar 06 2015 at 9:26 am PST [email protected] (Alex Clark)
(Update – 03/06/15) Oregon Senate Bill 190 would enact an online sales ban for electronic…
Sun Mar 08 2015 at 10:13 pm PDT [email protected] (Alex Clark)
(Update – 03/05/15) HB 5449, HB 6283, and HB 6290 are currently scheduled to  be heard by the…
Mon Mar 09 2015 at 9:34 am PDT [email protected] (Alex Clark)
(Update – 03/09/15) We are receiving word that HB 2404 is being rescheduled for the committee…
Mon Mar 09 2015 at 12:00 pm PDT [email protected] (Alex Clark)
(Update – 3/9/2015) Tomorrow (Tuesday, March 10) at 8 AM, the House Public Health Committee will…
Thu Mar 05 2015 at 5:12 am PST [email protected] (Alex Clark)
New Hampshire Governor Maggie Hassan has proposed a massive tax on vapor products and a hike in the…
Wed Mar 04 2015 at 10:58 am PST [email protected] (Alex Clark)
(Update – 03/04/15) We have received word that the hearing for HB 579, scheduled for tomorrow…
Wed Feb 25 2015 at 5:19 am PST [email protected] (Alex Clark)
Ohio Governor John Kasich has proposed a massive tax on vapor products and a hike in the tax on…
Tue Feb 24 2015 at 8:04 am PST [email protected] (Alex Clark)
(Update – 02/23/15) Washington Vapers may be receiving emails from their state lawmakers…
Mon Feb 23 2015 at 8:22 am PST [email protected] (Alex Clark)
New Hampshire SB 105, a bill that would include the use of e-cigarettes in the state’s indoor…
Thu Feb 26 2015 at 4:32 pm PST [email protected] (Alex Clark)
UPDATE 2/26/15: While a potential tax threat is never truly “dead,” we have been informed by…
Wed Feb 18 2015 at 8:59 pm PST [email protected] (Alex Clark)
A dangerously vague and ambiguous bill has been introduced in the Arizona State House of…
Wed Feb 18 2015 at 6:56 am PST [email protected] (Alex Clark)
SB 65 would impose a massive tax on e-liquid and cartridges of 4 cents per mg of nicotine contained…
Tue Mar 03 2015 at 10:41 am PST [email protected] (Alex Clark)
(Update – 3/3/15) HB 1432 (companion to SB 539) will be heard in the Senate Public Policy…