Three members of the U.S. House of Representatives have written a letter to the Department of Health and Human Services requesting the grandfather date for tobacco products subject to the proposed Deeming Regulations be moved from February 15, 2007 to either April 25th, 2014 or a date the final rule was published.  The representatives sending the letter include Speaker of the House John Boehner (R-Ohio), House Majority Leader Kevin McCarthy (R-California), and Energy and Commerce Committee Chairman Fred Upton (R-Michigan).  The letter was dated November 24th, 2014.

In the Deeming Document of proposed FDA regulations, the February 15, 2007 represents the date for which tobacco products that were commercially marketed in the United States would be subject to regulation

According to the context of the letter the three representatives. “have serious concerns that the proposed rule’s February 15, 2007 grandfather date for newly deemed tobacco products will impede innovation and cause unnecessary regulatory burdens on FDA and regulated industries.”

The letter goes on to state that the rationale for the February 15, 27 date “was selected as the grandfather date simply because it was the date the Tobacco Control Act was introduced to the 110th Congress.”

In regards to cigars, the Representatives point out that many pre-February 15, 2007 cigars are unavailable for regulatory comparison.”   They go on to say “This is a critical issue and we request that manufacturers have the same market entry opportunities as manufacturers of cigarettes and other regulated tobacco products.”

The text of the letter is below: