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To amend the Federal Food, Drug, and Cosmetic Act to provide for a certain effective date with respect to deemed tobacco products, to provide for the establishment of product standards for vapor product batteries, to provide for regulation of vapor products, and for other purposes.

USA115th CongressHR-1136| House 
| Updated: 2/17/2017
Tom Cole

Tom Cole

Republican Representative

Oklahoma

Cosponsors (93)
Lamar Smith (Republican)Daniel M. Donovan (Republican)Robert Pittenger (Republican)Adrian Smith (Republican)Clay Higgins (Republican)F. James Sensenbrenner (Republican)Tom O'Halleran (Democratic)Elise M. Stefanik (Republican)Markwayne Mullin (Republican)Devin Nunes (Republican)Mark Meadows (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Scott Taylor (Republican)Don Young (Republican)Brett Guthrie (Republican)Andy Harris (Republican)Steve Stivers (Republican)Steve Womack (Republican)Robert J. Wittman (Republican)Sanford D. Bishop (Democratic)Glenn Thompson (Republican)Tim Murphy (Republican)David Rouzer (Republican)Jeff Duncan (Republican)Scott H. Peters (Democratic)Doug Collins (Republican)Tim Walberg (Republican)Wm. Lacy Clay (Democratic)Thomas A. Garrett (Republican)Billy Long (Republican)Collin C. Peterson (Democratic)Carlos Curbelo (Republican)Lou Barletta (Republican)Mark Sanford (Republican)Mike Bishop (Republican)Rod Blum (Republican)J. French Hill (Republican)Scott Perry (Republican)Greg Gianforte (Republican)Lloyd Smucker (Republican)Walter B. Jones (Republican)Kurt Schrader (Democratic)Ron DeSantis (Republican)Paul Mitchell (Independent)H. Morgan Griffith (Republican)Bill Flores (Republican)Don Bacon (Republican)Andy Barr (Republican)Mario Diaz-Balart (Republican)Kyrsten Sinema (Independent)Steve King (Republican)Mike Kelly (Republican)Richard Hudson (Republican)Ryan A. Costello (Republican)Chris Collins (Republican)John R. Moolenaar (Republican)Bruce Westerman (Republican)John H. Rutherford (Republican)Charles J. "Chuck" Fleischmann (Republican)Rob Woodall (Republican)Thomas J. Rooney (Republican)Henry Cuellar (Democratic)Mark Walker (Republican)Tom Marino (Republican)Jim Costa (Democratic)Mark E. Amodei (Republican)Dave Brat (Republican)Scott DesJarlais (Republican)David G. Valadao (Republican)Ted S. Yoho (Republican)Jeff Denham (Republican)Mac Thornberry (Republican)Jeff Fortenberry (Republican)Adam Kinzinger (Republican)Bradley Byrne (Republican)Tom Emmer (Republican)Bennie G. Thompson (Democratic)Bill Huizenga (Republican)Matt Gaetz (Republican)Bob Goodlatte (Republican)Virginia Foxx (Republican)Tom Graves (Republican)Scott R. Tipton (Republican)Kevin Yoder (Republican)George Holding (Republican)Mike Coffman (Republican)Harold Rogers (Republican)John J. Duncan (Republican)Ted Budd (Republican)Bill Johnson (Republican)Francis Rooney (Republican)John Shimkus (Republican)

Health Subcommittee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
FDA Deeming Authority Clarification Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to: (1) revise premarket review and reporting requirements for products newly deemed by the Food and Drug Administration (FDA) to be tobacco products; and (2) grant the FDA the authority to regulate vapor products, which include products that produce vapor with nicotine (e.g., e-cigarettes) and nicotine intended to be used with such a product (e.g., nicotine cartridges). A product is not subject to premarket review by the FDA if it is marketed before it is deemed a tobacco product. The bill delays deadlines for reports to the FDA on products similar to a marketed product that are introduced to market less than 21 months after that type of product is deemed a tobacco product. The bill grants the FDA regulatory authority over vapor products that is in addition to the FDA's existing authority to regulate vapor products as tobacco products. Provisions of the FFDCA applicable to tobacco product components also apply to vapor product batteries. The FDA must establish standards for vapor product batteries. Vapor products first marketed not later than 24 months after enactment of this bill are not subject to premarket review or reporting requirements based on changes to the product's battery to conform to standards. Vapor products may not be advertised in publications, except publications with adult readership. Vapor products may be sold only face-to-face, through vending machines in facilities where only adults are permitted, or by mail order. Vapor products must be labeled with their nicotine content and specified phrases. Retailers of vapor products must register with the FDA.
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Timeline
Feb 16, 2017
Introduced in House
Feb 16, 2017
Referred to the House Committee on Energy and Commerce.
Feb 17, 2017
Referred to the Subcommittee on Health.
  • February 16, 2017
    Introduced in House


  • February 16, 2017
    Referred to the House Committee on Energy and Commerce.


  • February 17, 2017
    Referred to the Subcommittee on Health.

Health

Administrative law and regulatory proceduresChild healthDepartment of Health and Human ServicesDrug, alcohol, tobacco useDrug safety, medical device, and laboratory regulationEnergy storage, supplies, demandFood and Drug Administration (FDA)Marketing and advertising

To amend the Federal Food, Drug, and Cosmetic Act to provide for a certain effective date with respect to deemed tobacco products, to provide for the establishment of product standards for vapor product batteries, to provide for regulation of vapor products, and for other purposes.

USA115th CongressHR-1136| House 
| Updated: 2/17/2017
FDA Deeming Authority Clarification Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to: (1) revise premarket review and reporting requirements for products newly deemed by the Food and Drug Administration (FDA) to be tobacco products; and (2) grant the FDA the authority to regulate vapor products, which include products that produce vapor with nicotine (e.g., e-cigarettes) and nicotine intended to be used with such a product (e.g., nicotine cartridges). A product is not subject to premarket review by the FDA if it is marketed before it is deemed a tobacco product. The bill delays deadlines for reports to the FDA on products similar to a marketed product that are introduced to market less than 21 months after that type of product is deemed a tobacco product. The bill grants the FDA regulatory authority over vapor products that is in addition to the FDA's existing authority to regulate vapor products as tobacco products. Provisions of the FFDCA applicable to tobacco product components also apply to vapor product batteries. The FDA must establish standards for vapor product batteries. Vapor products first marketed not later than 24 months after enactment of this bill are not subject to premarket review or reporting requirements based on changes to the product's battery to conform to standards. Vapor products may not be advertised in publications, except publications with adult readership. Vapor products may be sold only face-to-face, through vending machines in facilities where only adults are permitted, or by mail order. Vapor products must be labeled with their nicotine content and specified phrases. Retailers of vapor products must register with the FDA.
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Timeline
Feb 16, 2017
Introduced in House
Feb 16, 2017
Referred to the House Committee on Energy and Commerce.
Feb 17, 2017
Referred to the Subcommittee on Health.
  • February 16, 2017
    Introduced in House


  • February 16, 2017
    Referred to the House Committee on Energy and Commerce.


  • February 17, 2017
    Referred to the Subcommittee on Health.
Tom Cole

Tom Cole

Republican Representative

Oklahoma

Cosponsors (93)
Lamar Smith (Republican)Daniel M. Donovan (Republican)Robert Pittenger (Republican)Adrian Smith (Republican)Clay Higgins (Republican)F. James Sensenbrenner (Republican)Tom O'Halleran (Democratic)Elise M. Stefanik (Republican)Markwayne Mullin (Republican)Devin Nunes (Republican)Mark Meadows (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Scott Taylor (Republican)Don Young (Republican)Brett Guthrie (Republican)Andy Harris (Republican)Steve Stivers (Republican)Steve Womack (Republican)Robert J. Wittman (Republican)Sanford D. Bishop (Democratic)Glenn Thompson (Republican)Tim Murphy (Republican)David Rouzer (Republican)Jeff Duncan (Republican)Scott H. Peters (Democratic)Doug Collins (Republican)Tim Walberg (Republican)Wm. Lacy Clay (Democratic)Thomas A. Garrett (Republican)Billy Long (Republican)Collin C. Peterson (Democratic)Carlos Curbelo (Republican)Lou Barletta (Republican)Mark Sanford (Republican)Mike Bishop (Republican)Rod Blum (Republican)J. French Hill (Republican)Scott Perry (Republican)Greg Gianforte (Republican)Lloyd Smucker (Republican)Walter B. Jones (Republican)Kurt Schrader (Democratic)Ron DeSantis (Republican)Paul Mitchell (Independent)H. Morgan Griffith (Republican)Bill Flores (Republican)Don Bacon (Republican)Andy Barr (Republican)Mario Diaz-Balart (Republican)Kyrsten Sinema (Independent)Steve King (Republican)Mike Kelly (Republican)Richard Hudson (Republican)Ryan A. Costello (Republican)Chris Collins (Republican)John R. Moolenaar (Republican)Bruce Westerman (Republican)John H. Rutherford (Republican)Charles J. "Chuck" Fleischmann (Republican)Rob Woodall (Republican)Thomas J. Rooney (Republican)Henry Cuellar (Democratic)Mark Walker (Republican)Tom Marino (Republican)Jim Costa (Democratic)Mark E. Amodei (Republican)Dave Brat (Republican)Scott DesJarlais (Republican)David G. Valadao (Republican)Ted S. Yoho (Republican)Jeff Denham (Republican)Mac Thornberry (Republican)Jeff Fortenberry (Republican)Adam Kinzinger (Republican)Bradley Byrne (Republican)Tom Emmer (Republican)Bennie G. Thompson (Democratic)Bill Huizenga (Republican)Matt Gaetz (Republican)Bob Goodlatte (Republican)Virginia Foxx (Republican)Tom Graves (Republican)Scott R. Tipton (Republican)Kevin Yoder (Republican)George Holding (Republican)Mike Coffman (Republican)Harold Rogers (Republican)John J. Duncan (Republican)Ted Budd (Republican)Bill Johnson (Republican)Francis Rooney (Republican)John Shimkus (Republican)

Health Subcommittee, Energy and Commerce Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresChild healthDepartment of Health and Human ServicesDrug, alcohol, tobacco useDrug safety, medical device, and laboratory regulationEnergy storage, supplies, demandFood and Drug Administration (FDA)Marketing and advertising