Overnight Regulation: Industry, conservative groups blast tobacco rule

Welcome to Overnight Regulation, your daily rundown of news from the federal agencies, Capitol Hill and beyond. It’s Thursday evening and we’re happy Friday is almost here.

THE BIG STORY 

Industry and conservative groups are crying regulatory overreach following the Food and Drug Administration’s release of a sweeping new rule that, for the first time, allows it to regulate all tobacco products.

The new rule covers cigars, electronic cigarettes, hookahs, personal vaporizers and electronic pipes.

{mosads}”The businesses that will feel the effects of this rule are small mom and pop shops,” FreedomWorks CEO Adam Brandon said in a statement. “Big tobacco companies that have invested in e-cigarettes will simply pass on the cost of this regulation to consumers. This rule isn’t about consumer safety – far from it, in fact – it’s a blatant power grab by the FDA.”

The rule prohibits companies from selling any of these newly deemed tobacco products to anyone under the age of 18 and requires sellers to check photo IDs when making a sale.

The rule also prohibits the products from being sold in vending machines, distributed as free samples or marketed as “light,” “low,” or “mild” unless authorized by the Food and Drug Administration (FDA).

Manufactures will also be required to put health warnings on product packaging and on advertisements.

When the rule was first proposed in April 2014, the industry was most concerned about a provision that would have required all products that hit store shelves after February 2007 to apply retroactively for approval — a process that companies claimed would be prohibitively expensive and wipe out the e-cigarette industry.

To address these concerns, the FDA is staggering the compliance date for newly deemed products to allow products to stay on the market for up to three years while applications for approval are submitted and reviewed. 

The American Vaping Association, however, said FDA’s refusal to change this predicate date will force thousands of small businesses to close in two to three years and limit the ability of consumers to buy products that kelp keep them smoke-free.

“This is not regulation — it is prohibition that will cost lives, kill jobs, and further entrench America’s largest cigarette companies,” AVA’s President Gregory Conley said in a statement. “Congratulations Mitch Zeller.” 

Zeller, director of FDA’s Center for Tobacco Products, said the rule will allow FDA to regulate a product that youth are using at alarming rates. 

The Campaign for Tobacco-Free Kids said the rule was long overdue but fell short in protecting kids from e-cigarettes. 

“It does nothing to restrict the irresponsible marketing of e-cigarettes or the use of sweet e-cigarette flavors such as gummy bear and cotton candy, despite the FDA’s own data showing that flavors play a major role in the skyrocketing youth use of e-cigarettes,” campaign President Matthew Myers said.

“While e-cigarette manufacturers will claim these rules impose an unfair burden on them, they allow all e-cigarettes to remain on the market for at least three years, no matter how great their appeal to kids, unless the administration moves quickly to close these gaps.”

For more on the FDA’s new tobacco rule, click here: http://bit.ly/1ruyyvX

 

TOMORROW’S REGS TODAY

The Obama administration will publish 229 new regulations, proposed rules, notices and other administrative actions in Friday’s edition of the Federal Register.

–The Fish and Wildlife Service (FWS) will propose changed protections for eagles.

The FWS is considering changes to the eagle nest take regulations.

“Our goal is also to enhance protection of eagles throughout their ranges,” the FWS writes.

The public has 60 days to comment. http://bit.ly/1Wc2ESu

–The Department of Transportation (DOT) will propose new safety standards for buses.

The Transportation Department’s National Highway Traffic Safety Administration will propose new rules to protect passengers during crashes in which a bus rolls over.

The bus safety standards are intended to prevent passengers from being flung outside of windows in the event of a crash.

“Performance requirements would apply to side and rear windows, and to glass panels and windows on the roof to mitigate partial and complete ejection of passengers from these windows,” the agency writes.

The public has 60 days to comment. http://bit.ly/1Yb9bKw

–The Department of Education will propose new training requirements for deaf interpreters.

The public has 30 days to comment. http://bit.ly/1O06kUj

–The Food and Drug Administration (FDA) will issue new rules for electronic cigarettes.

The FDA is finalizing the deeming rule, which will allow it to regulate tobacco products such as e-cigarettes, cigars, pipes and hookah.

The FDA will also prohibit e-cigarettes from being sold to people under the age of 18.

“[The] FDA is taking this action to reduce the death and disease from tobacco products,” the agency writes.

The rule goes into effect in 90 days. http://bit.ly/1NZe5tw

 

NEWS RIGHT NOW

Fish and Wildlife to allow more wind-related eagle deaths. http://bit.ly/1QTeubB

FDA moves to limit cigar, e-cig sales http://bit.ly/1ruyyvX

Spending bill threatens new rules for e-cigs, cigars http://bit.ly/1YbqgDW

Trump wants to wants to help U.S. businesses by lifting slew of regulations (Reuters). http://reut.rs/1SROpfr

Labor Department rushing to regulate (Politico). http://politi.co/1T156Hj

Uber dismisses lawsuit over election robo-texts as ‘meritless.’ http://bit.ly/1q2ebFw

Consumer bureau: Proposed rule protects right to sue http://bit.ly/1VLwTPJ

Business groups heap scorn on proposed arbitration ban http://bit.ly/1UCqG7z

After criticism, Netflix allows users to pick streaming quality on mobile. http://bit.ly/1NkZKI1

Teachers union: Trump’s comments encourage school bullies. http://bit.ly/1Wb7XkB

 

BY THE NUMBERS

1,103: Number of accidental bald eagle deaths the federal government currently allows.

4,200: Number of accidental bald eagle deaths the federal government would allow under a proposed rule.

http://bit.ly/1QTeubB

 

QUOTE OF THE DAY 

“The FDA’s announcement today that it plans to regulate all tobacco products is just another example of the Obama Administration’s regulatory overreach and nanny-state mentality,” Rep. Tom Cole (Ro-Okla.) said. 

Language in a proposed House Agriculture Committee spending bill is threatening to derail new rules out Thursday that give the Food and Drug Administration (FDA) the ability to regulate cigars and electronic cigarettes, or e-cigarettes.

http://bit.ly/1YbqgDW

 

We’ll work to stay on top of these and other stories throughout the week, so check The Hill’s Regulation page (http://digital-staging.thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@digital-staging.thehill.com or lwheeler@digital-staging.thehill.com. And follow us at @timdevaney and @wheelerlydia.

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