With the release of the FDA Deeming Regulations, it's more important than ever to protect our rights as vapers. There are currently two pieces of legislation being considered which could mitigate the more dangerous aspects of the recent regulations: Rep Tom Cole's bill, HR2058, introduced April 28, 2015 and currently referred to the House Committee on Energy and Commerce, which would permanently change the predicate date to August 8, 2016, and the Cole-Bishop Amendment to the 2017 Agriculture and Rural Development Appropriations Bill, which would also change the predicate date, though in a less permanent way.
Don't leave these important decisions to be made without you! This is your chance to affect genuine change on the legal approach the government takes to our hobby. If you want your voice to be heard, please, join the masses of vapers speaking up against the onerous burdens of this new legislation, and write a letter to your Representatives and Senators.
Below is a sample of the format a letter to your Representative and Senator should take. Please write it in your own words, using the following template as a source for ideas and content. Mister-E-Liquid thanks you all for your support in this matter. Let's take this message to our legislators and get our voices heard!
(Date of Letter)
(Personal street address)
(City and state)
(Representative or Senator last name) (Click here to find yours)
Greetings (Representative/Senator) (last name of legislator),
In the first sentence you should state exactly why you are writing. Something to the effect of, “I am writing you as a consumer of vaping products. As a concerned American, I am asking for your help in supporting an industry that is currently under attack by overwhelming regulatory requirements for a product that could save 400,000 lives each year. The deeming regulations put an undue burden on manufacturers and the industry as a whole that, unless the predicate date is changed, will extinguish the industry overnight.” You may want to add a piece about your family or household, and how these regulations would affect them. In addition, speak about how vaping has changed your life and/or the lives of those around you, from both the economic and the health perspectives. This is what is called a lead-in: the goal is to try to draw the reader into reading the entire text of the letter. Don’t copy this word-for-word, but instead add your own personal style to it. Remember one additional thing: you should always be polite, and never threaten.
In your second paragraph is where you can start with facts. Here are a few to get you started:
- 100,000 people will lose their jobs, and 17,000 small businesses will close, as a direct impact of this legislation. The indirect impacts are currently immeasurable, however, the Vaping industry is a 4 billion dollar industry nationally that will cease to exist in a matter of two years if these regulations are not changed.
- The PMTA process would cost between one and three million dollars per SKU, and most manufacturers have between 5,000-45,000 SKUs, due to the manner in which “unique products” are counted. The amount of time and money that would be required to go through this process would be substantially burdensome and would shrink the number of products on the market to less than 0.1% of what is currently available. Retailers would no longer be able to utilize the business model they have and manufacturers would have to rely on one or two product lines to stay in business: this is also not sustainable.
- Additionally, there is no product that was on the market to be demonstrated as Substantially Equivalent before Feb. 15, 2007. So the $100,000-$300,000 Substantially Equivalent option is nonviable.
- To put this economic impact into perspective, in 2008 General Motors and Chrysler were on the brink of collapse. Approximately 100,000 people would have lost their jobs in the United States. It took an act of Congress and several billion dollars of taxpayer money to prevent this from happening. We as an industry also need an act of Congress; however, we are not asking for money, we are asking for a commonsense approach to these regulations.
Finally, you want to tell them how they can help you: "I formally request that you support legislation that will change the grandfather date to the date that the regulations go into effect, August 8th, 2016. Supporting this legislation will allow the industry to continue. Currently there are two pieces of legislation that I request you support: H.R. 2058 and the Cole-Bishop Amendment to the 2017 Agricultural bill. I also ask that you do not remove the predicate language from either of these two pieces of legislation. By supporting these critical pieces of legislation you will help secure the future of 100,000 hard-working Americans, the livelihoods of 17,000 small business owners, and the ability of thousands of people to use an alternative to smoking tobacco."
(You may add your title or something personal, like "Mother of 4")