Understanding the recent e-cigarette call to action

Hello all! Dawn here your A Clean Cigarette brand e-cig blogger. Before we get started I would like to thank each and every person that ends up on this blog site. Regardless of why you are here, I am glad to have you. Keeping informed is a major part of the battle for electronic cigarette rights, and the right of smokers to get Clean nicotine everywhere. Reading blogs like this one can be a major tool in keeping informed.

Today’s blog, for instance, is all about keeping informed and then taking action. You may have seen a recent “Call to Action” on our Facebook page. This is not just a call to action it is one of the most important calls to action that you can be a part of for the electronic and vapor industry.  So today we are going to take an in-depth look at the WHAT, WHEN and WHY behind this call to action and the HOW you can be a huge part of history by getting involved.

What and Why:

The whole story starts back in 2016 when the FDA released the new “deeming rule” which effectively put all ENDS products under the a the tobacco control act of 2007.  All products that electronically deliver nicotine via inhalation fall under the ENDS or Electronic nicotine delivery systems definition. So closed end Cig-a-likes, open-ended Mods and everything in between were suddenly “deemed” tobacco”.

Since for the most part, there were no NEW regulations created and being that the ENDS industry was added on to the already existing tobacco industry’s regulations many of the “rules” were tobacco-specific. So they really have very little to do with the issues around ENDS devices. One such burning tobacco specific portion of this deeming rule is known as the Tobacco Predicate Date.

Back in 2007, under the guise of public health, Congress said enough is enough for NEW burning tobacco cigarette styles and included language in the 2007 tobacco control act that made it VERY hard for any new cigarettes to come one to market. In fact, in order to come on to the market new cigarettes would now be required to undergo extensive testing and a huge Premarket Tobacco Application (PMTA) which can runs into the millions for each app. However, they left a Predicate Date loophole that said if a tobacco product was on the market BEFORE February of 2007 it would NOT have to do any of the new stuff and those tobacco products would be considered “grandfathered in”. (Many people believe big tobacco lobbied for this part so new competition would not be able to afford to enter the tobacco market. Since the deadly tobacco products that caused the public health issues were left untouched and only new competition is hurt we can see why people claim this.)

Fast forward to 2016 when ENDS units were added to that already existing law. Due to the fact that there were no e-cigarettes on the open US market before that February 2007 date, ALL e-cigarettes would have to undergo the very expensive PMTA. To draw you a complete picture, a company around the size of A Clean Cigarette would be looking at around 60 million dollars to stay on the market. Outside of big tobacco, there are not many companies that can afford a 60 million dollar expense.

Why: We are not okay with the PMTA which requires testing and procedures that just DO NOT make sense for the ENDS market. But that is a fight for another time, right now we just want a Predicate Date that does make sense for this industry. Tobacco cigarettes were ruled in 2007 so that date works for burning tobacco, however, vapor products and e-cigarettes were NOT added to the bill until 2016, so we think that should be Predicate Date for our industries. And that is what today’s call to action revolves around.

What: Right now in DC, there is a group of Congress Men and Women who are meeting to decide what should be included in this year’s, Appropriations Bill. One of the things on the table would be language that amended the deeming rules grandfather date from February of 2007 to August of 2016. We REALLY need this language to be added. Time is running out for our industry and without this language, we are all looking at a tough fight.

In order for this to happen we need you to get ahold of your federal reps, both in Congress on in the Senate and tell them to “Please Support Section 753 within the Appropriations Bill.”


The vote takes place on either March 22 or 23rd 2018, however, the negotiations are going on NOW so time is of the essence!! Even if you have called about similar language in the past we need you to do it again!  Tell them they have pushed this back enough and its time for them to “Please Support Section 753 within the Appropriations Bill.”

Click here to read how 6.6 Million lives could depend on it!

The How!:

You can find contact information for your Member of Congress HERE:  https://www.house.gov/ You can reach out in any way. Snail mail, e-mail, phone or even smoke signals if that’s the way you roll! You can’t do it wrong and you can’t do it too many times!

EASY WAY! The CASAA Organization, one of the vapor trade associations has a website where you can send an e-mail to your member of Congress within a form they have set up HERE:  http://casaa.p2a.co/wkzRADp . It does all the work for you including the letter writing. Feel free to use their verbiage OR remove it and tell your own story! (That’s way better!) Just be sure to include “Please Support Section 753 within the Appropriations Bill.”  in your letter or correspondence.

I hope today’s blog clears this call to action up a bit. Please feel free to reach out on FB with any questions or concerns. Also, Please leave a comment below or on our FB to let us know that you are a voice that we can count on! Thank you!!





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