FDA Deeming regulations, An Update.



welcome back you two pipe smokers munch ah Piper here well today is another update on the deeming regulations that the FDA has put out some things have happened recently that needed to update you on to keep you current first thing is that I I did send some letters to all three of my senators I got some responses back to of the responses were basically telling me what the deeming rule regulation was already knew that so those two just kind of put aside a third one actually went in depth the congressman actually took some time to look into it and to let me know what is being done to help us out also the there has been a lawsuit filed on our baja on our behalf and i want to read you some of what the lawsuit says first of all there's going to be two words in each one of the counts in the lawsuit that i want to explain to you what they mean one of the words is going to be arbitrary now our trade means based on random choice or personal win so it's random and personal capricious is the other word capricious it means given to sudden and unacceptable I'm sorry unaccountable changes of mood or behavior so unaccountable behavior so I don't know if those meaning to you but those are the two words that are used okay so first thing let's go and look at the lawsuit and what it says okay as for the litigation the plaintiffs lawsuit lies in the FDA final rule of the deeming regulations against cigars pipes pipe tobacco which were announced on May 5th 2016 which go into effect on August 8 2016 the plaintiffs claim the final rule is legally defective and contrary to the Tobacco Control Act and Craig ich komm concrete congressional intent in several respects including that incorrect and incorrectly subjects cigars pipes and pipe tobacco to stricter regulatory restrictions than originally regulated products such as cigarettes nine counts were filed with which include count one FDA's actions regarding the predicate date which is the 2007 February 15 2007 date for grandfathering tobacco in and the substantial equivalence process are arbitrary capricious and abuse of discretion and not in accordance with law and exceed FDA's regulatory authority count 2 the final rules user fee provisions are arbitrary capricious and not in count accordance with the Tobacco Control Act and exceed FDA's Regulatory Authority count 3 the final rule user fee provisions violate plaintiff's members right to due process and equal protection account for FDA's failure to carry out a proper cost-benefit analysis violates the regulatory flexibility Act and unfounded mandates Reform Act of 1995 so that's something the FDA was was required to do they were required to do a proper cost-benefit analysis before they even came up with this regulation and they never did that count 5 & 6 FDA's treatment of premium cigars and failure to consider option 2 is arbitrary and capricious they had option one and option two option two was a was a lot more lenient towards tobacco pipe tobacco and cigars but they opted to go for option 1 okay seven the final rules were warning label requirements impro impermissible restrict free speech eight regulation of tobacconist who blend finished tobacco as manufacturers is arbitrary capricious and not in accordance with the Tobacco Control Act and exceeds FDA regulatory authority so basically what they're saying is in the deeming regulation if a brick and mortar store tobacconist has tobacco a and tobacco B and they take those two tobacco's and they mix them together they're considered a blender which I don't you know that's something that's ridiculous all they're doing amiss mixing two tobacco's together and the final final one is regulation of pipes as components rather than as accessories is arbitrary capricious and not in accordance with law so basically what they're saying is they're saying that the actual tobacco pipe the pipe itself is a component that is a component of tobacco so basically what they're saying is you could take tobacco a tobacco B and a pipe and blend them together and it would be against the law against this rule which is ridiculous the pipe is the accessory not a component let me finish up here the suit asks for relief by vacating and setting aside the final rule as unlawful arbitrary capricious and an abuse of discretion and otherwise not in accordance with law and in excess of FDA's authority as for a permanent injunction restraining defendants from implementing or enforcing the final rule so we'll see what happens but like I said before in my other videos lawsuits are being filed now let's go and look at what I got from one of my congressman Andy Barr sent me something very interesting he said he explained to me the rule like the rest of them did but also and put in to put into his letter this in response to the overreach by the FDA Congressman Tom Cole of Oklahoma introduced HR two zero five eight the FDA deeming authority clarification Act the legislation would roll back the arbitrary grandfather date proposed in the FDA's final rule and would instead exempt tobacco products that came to market after the FDA's decision to regulate e-cigarettes as tobacco products effectively the legislation would change the effective date to April 2014 the legislation would provide much-needed relief to e-cigarette and bait enthuse enthusiasts and businesses business owners who have helped develop this market over the past decade HR 2 to zero five eight was referred to the House Energy and Commerce Committee on April 28 2015 where it currently awaits further action so as usual it's caught up in committee of note during consideration of HR 5:05 for the agriculture rural development FDA and regulate regulated agencies appropriation act in the house agriculture Appropriations Subcommittee representative Kohl offered the language included in HR two five two zero five eight as an amendment to the underlying legislation legislation sorry HR 505 for mr. Cole's amendment passed in committee by a vote of 31 to 19 and was successfully amended to the legislation at this point HR 505 four has yet to come before the full house for consideration but should the legislation come to the floor I'll be sure to keep your views on this issue in mind when carrying my casting my vote I appreciate you reaching out to me about the important issue and value your and I buy you your input so basically what he's done is they put in their own their own rule but they've also attached the wording of that rule to the new FDA agricultural bill so it's yet to come to the floor for vote but at least we've got two avenues in Congress that will hopefully give us some relief when it comes to the grandfather date I don't know if that's much of a help to anybody but you know at least at least some people in Congress are they understand what we're we're coming from they know there's a problem with the FDA deeming regulation and they're trying to fix it so believe it or not it's hard for me to believe but believe it or not it looks like actually our Congress is trying to help us out which is what they were put there to do in the first place all right well that's the update that I have for now sorry the lettering is a little small and I couldn't read it very well but hopefully you got the gist of where we sit and what's being done to move us forward so until my next video I want to wish you and your family happy piping

45 Comments

  1. Tobacco Country PiperI recommend that everyone e-mail their congress person, both senators and the white house.  I have done all three and it's quite easy.  I received a personal reply from my congressman.  He is supporting a bill – HR 1136, it's a step in the right direction, but tyranny enacted on any other date is still tyranny.

  2. A hurricane.

  3. A needle?

  4. Very good youtube channel by the way

  5. It looks quiet weird for a french citizen like me to see America crazily banning tobacco and allowing to grow and sell marijuana.

  6. the answer to your riddle is a needle. Thanks for the update!

  7. I just wrote an email to my 5th District Congresswoman Cathy McMorris Rogers and asked her for an update on the lawsuit, and what's being done to repeal the Deeming Regulation. We'll see…

  8. Thanks for the Update I have worked as a long term care nurse here for 30 years were the same age Piper . Yet I have yet found one person who has died from Pipe smoking or complications from Pipe smoking in Our older male Generation ,through the 30 years I have been in nursing . The FDA is Imposing these Regulations because of the following . First of all I live in Pittsburgh PA. So we do not have many Pipe and tobacco Shops to go to. Second . they Are putting these regulations in place because of small business owners maybe getting ahead and making a living . They have not come after the tobacco chewers and dippers as of yet . I do not see this standing up in a court of law to well as it is . The imposing regulations are making it hard for the small Business owner they could care less about younger people smoking let alone Drinking . From most of the pod casts I read Our Govt wants us Dead to make the population Liter and easier to manage . just saying . I think the regulations will go Belly up . I know in my city which is a fair size city you can perhaps find one or two pipe shops in any area here . CIgar shops are the same way its hard to find what you want because of lack of business .

  9. Important update that everyone needs to be aware of. Please help get this out:

    "On April 28, 2015, the FDA Deeming Authority
    Clarification Act of 2015 (H.R. 2058) was introduced in the House of
    Representatives. This legislation would change the grandfather date for newly
    deemed tobacco products from February 15, 2007, to the date on which the FDA’s
    regulations were finalized, May
    5, 2016. H.R. 2058 has been referred to the House Committee on Energy
    and Commerce for further consideration. Although no similar legislation has
    been introduced in the Senate, you may be certain that I will keep your views
    in mind should relevant legislation be considered during the 114th
    Congress."         
    I am hoping that we can get people to call, write, email their state representatives about getting this passed.

    Thanks!

  10. Riddle: a hurricane

  11. Saw your thumbnail and thought Lemmy Kilmister had returned from the dead.

  12. Excellent, thank you for the update.

  13. Ex

  14. I remember when Presbyterian mixture was 4 bucks a tin as well as mac baren. Greed has driven everything up. Pipe smokers in the EU have it rougher than us even.

  15. we are losing more and more freedoms everyday in this country ! Americana is dying and progressive secularism is taking over. Its almost a crime to be a proud red white and blue american these days. As far as tobacco goes the govt. wont get rid of it because they make too much money off of it, but you know they will tax the hell out of it.

  16. Trey Gowdy is my congressman. I contacted  his office and they are looking into the FDA mess.

  17. Greetings from the UK! Great videos mate, keep 'em coming. I have a question….with regards to the 2007 date for the tobaccos. How does that effect those tins that have already been produced and are out in circulation come August 8th? I order quite regularly from the U.S and blends like Cult's Blood Red Moon, C&D Exhausted Rooster and of course Frog Morton's Cellar, all of which are post 2007 are among some of my favourites from " Across the Pond" to name a few. How long do you foresee these still being available before they're gone from the shelves? Have started ordering a couple of tins of each a month now.

  18. At least you got a supportive letter.  I pretty much for the 1 finger salute from my Senator Feinstein and pretty much the letter I got was a copy and paste my name and a premade letter about vapes and nothing about pipes and cigars. Great video!

  19. What about already made pipe tobacco from a company and the B&M sells it by the ounce?  Does that B&M have to pay a fee as well to "retest" the pipe tobacco?

  20. Is it better to keep a tin of pipe tobacco in the tin for storage? or is it okay to move the tobacco from the tin  into a plastic zip-top bag?

  21. Do you have a list of what tobaccos that will be available if this deeming reg comes into place? that way we can start ordering blends that will be "extinct" for lack of a better word.

  22. a needle right? love these riddles

  23. Thanks for the update brother.

  24. a mole rat??an eyesocket??

  25. Will people still be able to buy seeds… to grow their own?

  26. A tornado?

  27. Needle, but i did think storm first. I guess it could work?

  28. Just a heads up for you since you are a Bengal Slices fan, take a look at The Standard Pipe Tobacco Company of Pennsylvania's FB page. They are stopping production unless something drastic changes.

  29. I got 3 responses similar from Texas reps, things aren't looking too bad after all.

  30. Thank you for taking the time to update the Pipe Smoking Community . Hopefully there won't be any legislation to kill the availability of pipes and tobacco to affect allf us pipe smokers who enjoy The Pipe Smoking Hobby.

  31. Nice, my congressmen didn't even read my letters. I know this because I specifically talked about premium cigars and pipe tobacco and both of their responses only commented on e-cigarettes and didn't mention a single word about cigars or pipes. I'll remember this when I vote…

  32. Thank you my friend🤗 there just might be a little light at the end of this tunnel 🕯

  33. Thank you My Friend for the update ,i appreciate you keeping all of us informed.

  34. A needle. 🙂

  35. Arbitrary and capricious are the bywords of this administration (and of any fascist dictatorship, for that matter). Rule of law? What rule of law? Do you mean that Constitution thing that we are intent on shredding?

  36. Nice vid Chris. Thanks a lot for the update.

  37. Thanks for keeping us folks educated on this situation. I sent 3 letters and wasn't met with much interest in return. But I will keep writing and calling and supporting our rights any way I can.

  38. Thank you so much for the great update. I stay in Malaysia & hope the government here ill not do the same. But who knows? what goes around comes around. Totally support fellow american pipers & pipe makers

  39. Thank you! I appreciate you keeping us informed!

  40. Needle!

  41. Great video! Thank you for helping keep is updated.

  42. A needle!

  43. Pipes defined as a component means only big pipe manufacturers could continue. The small time artists around the country will have to file and prove their pipes are safe… and pay though the teeth. Absurd.

  44. Thanks for keeping us up to date on this. Between the lawsuit and Congress. ..hopefully this FDA overreach will fall dead into the shadows and be remembered as nothing more but yet another failed attempt of this current administration to squash our freedom of choice.

  45. Muttnchop!! This is fan club president.. first I want to say thank you very much for taking the time to read that through… It was very helpful at least there are some legislators that are doing something… I reached out to all three of mine and basically all I got was… Bla Bla Bla Bla it's all for the kids… Bla Bla Bla it's all for the kids… so as you know when politicians tell you it's all for the kids the last thing it's about is the kids… but anyway hopefully we have something somewhere helping us but I appreciate this video I made a few this weekend myself hope you get to check them out… and my answer to the riddle would have been a storm but I don't think that's correct

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