How do I fight the FDA?

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glpsmoker

Lurker
Aug 19, 2016
4
0
Greetings fellow pipe smokers. My name is Anthony.

This is my first post on the forums.
To make this brief (Something I cant ever seem to do, as your about to find out), I opened my email up today and saw that "Pipes and Cigars.com" had sent me an email. I opened it up to find that one of my favorite blends (the McClelland Christmas Cheer) was being discontinued due to FDA regulations.

This blend is not only one of my favorites, but I associate it with very fond memories of my father and I on our back porch smoking a pipe Christmas evening. My Father had purchased it when I was a young boy, and apparently had forgotten about it. If I'm not mistaken, the tin was 12 - 14 years old by the time he accidentally found it. I had just finished my first year smoking a pipe. This blend was like nothing I had EVER tried before. The ageing made it beautiful to smoke. It became a tradition, that we would smoke that blend every Christmas. So, we bought a few blends to age a few years. Now it seems the FDA is trying to put an end to our tradition.
The sad thing is, I had wanted to buy a few so that I could age them for my son and I to enjoy (whenever I have one), much like I did with my father. It seems we will have a limited quantity of the tobacco when he is of age to smoke....
So, how do I fight the FDA on this? I have quite a few friends who smoke pipes with me, that I am sure do not know about this. I want to specifically fight for pipe tobacco and get as many people as I can on board.My friends would help. My web results turned up little more than the knowledge that the FDA was trying to take my right to happiness away (which I find interesting....). Everything else was for Cigars and Vapes.
I do believe that stocking up is NOT the answer to this (although it wouldn't hurt. I will be stocking up on Quiet Nights by GL Pease just in case). I believe fighting for our rights and freedoms is how we should go about this. Can any of you help me?
BTW, has Mr. Pease said anything on the matter? I would be interest to know where he is in all of this, as he makes most of the blends I enjoy.
Anthony

 

fnord

Lifer
Dec 28, 2011
2,746
8
Topeka, KS
Anthony:
Welcome to the forum.
But, I'm truly sorry your first post had to be on such a dismal subject.
I don't know how to fight the FDA or any government agency for that matter and that's disheartening as hell. (It chucks that "By the people, for the people" verbiage on the trash pile, doesn't it?) However, as our highly touted, if you build it they will buy, national health care plan implodes and contrarian political groups bring to light Federal attention directed at them, you'd like to think that common sense would eventually prevail.
I've visited with a few blenders these past few days. Apparently wheels are still spinning and some are hopeful that cooler heads will prevail. Still, I'd stock up.
All that said, welcome.
Fnord

 

pagan

Lifer
May 6, 2016
5,963
28
West Texas
Stocking up is the only answer, our elected representatives refuse to do their job and look out for our interest

 

Chasing Embers

Captain of the Black Frigate
Nov 12, 2014
43,249
108,349
I believe fighting for our rights and freedoms is how we should go about this.
Sadly, smoking isn't a right, it's a privilege. They government could care less about smokers, and any protesting really isn't going to sway them. In my honest opinion, it would not surprise me to see tobacco made illegal in our lifetime, and a couple of generations down the line will likely look at our pipes and wander what ever were such curiosities used for.
The legal battles will likely delay the FDA's plans for the time being, and bind their hands for a few years, but as long as the opinion of the majority black balls smoking, tobacco will go the way of the dinosaur in a few decades. Stock what you can for as long as you can, for we may be the last generation to see such an abundance and variety of tobacco to enjoy.

 

judcole

Lifer
Sep 14, 2011
7,149
32,922
Detroit
You have to remember that all of this regulation comes under the auspices of the Family Smoking Prevention and Tobacco Control Act, which was referred to by one opponent as the "Marlboro Protection Act", and was supported by Big Tobacco.

You can't fight it. You might be able to get the law changed, or changes made in the regulations, but those are legal battles that take time and money. Lay in a nice supply of the newer blends that will go away, and explore more of the older blends that won't. :puffy:

 
Jun 4, 2014
1,134
1
Write your Representatives about changing the deeming date, support the organizations that have filed lawsuits against the FDA, and cellar, cellar, cellar.

 

glpsmoker

Lurker
Aug 19, 2016
4
0
derfatdutchman
Write your Representatives about changing the deeming date, support the organizations that have filed lawsuits against the FDA, and cellar, cellar, cellar.
What exactly is the deeming date? And how exactly would changing it help us?

Are there any organizations that specifically support pipe tobacco (even among other forms of tobacco. Just want to make sure pipes are not left out) that have filed a lawsuit?
And cant we start a petition or something? Something to force our representatives to look at this and do something about it?

 

smokeyweb

Part of the Furniture Now
Dec 29, 2013
540
780
visit the CRA (Cigar Rights of America) website and follow the easy steps to petition congress, write letters or make phone calls to your state senators and house reps, and buy like hell.

 

mso489

Lifer
Feb 21, 2013
41,210
60,433
Steady as we go. Support retailers, brick and mortar as well as online, and adapt to what's available. Sound off where and when you can. Don't give up the ship.

 
Jun 4, 2014
1,134
1
What exactly is the deeming date? And how exactly would changing it help us?
The deeming date set by the FDA is February 15,2007, supposedly blends on the market prior to this date are grandfathered. New blends could not be put on the market after August 8, 2016, these blends and all blends created after 2/15/2017 must be off the market by 8/2018, or go through the FDA approval processes.
There is a bill to move the deeming date up to a 2016 date, I could not find the bill number.
Are there any organizations that specifically support pipe tobacco (even among other forms of tobacco. Just want to make sure pipes are not left out) that have filed a lawsuit?
The IPCPRA, Cigar Assoc. of America and Cigar Rights Assoc. have filed a lawsuit in the Federal Court on July 15. I'm sure they could use monetary donations to help with the fight.
And cant we start a petition or something? Something to force our representatives to look at this and do something about it?
Writing letters, sending petitions and anything else you can think of to sway opinion can't hurt. I've written my Representatives several times on this matter and will probably do so again.

 

sablebrush52

The Bard Of Barlings
Jun 15, 2013
19,625
44,836
Southern Oregon
jrs457.wixsite.com
What exactly is the deeming date? And how exactly would changing it help us?
You can find the whole time table on the FDA's site, but here are the highlights:
As per the Family Smoking Prevention and Tobacco Control Act, passed in 2009, a "predicate" date of February 15th, 2007, was set for grandfathering blends then on the market. Blends introduced to the market after that date will need to undergo one of two FDA deeming paths to remain on the market after August 8, 2018. One of the deeming methods is ridiculously expensive for small operators, like pipe tobacco manufacturers, but a drop in the bucket for Big Tobacco cigarette makers. The other deeming path is astronomically expensive, compared to ridiculously expensive. But BT can weather that price as well, and they have the lawyers to kick the FDA if the FDA forgets who they're serving here. After all, Big Tobacco shaped this bill.
So, blends that were in production before, on, and after February 15th, 2007, as set by Congress, can remain in production without having to go through either expensive deeming process. Blends in production after this date will need to go through an unaffordable deeming process or be forced off the market by August 8th, 2018. The FDA can't change that cut off date. It's a waste of time to go after them on that point. The provision in the bill has to be overturned.
There is a a bill buried in committee, HR 2058, that would alter the predicate date and some other provisions of the Family Smoking Prevention and Tobacco Control Act, and you can contact the members of that committee to make your views known. But don't hold your breath. All smoking has been effectively demonized, and it is unlikely that any politician from any major party is going to go on record as supporting smoking.

 

Chasing Embers

Captain of the Black Frigate
Nov 12, 2014
43,249
108,349
All smoking has been effectively demonized, and it is unlikely that any politician from any major party is going to go on record as supporting smoking.
My point exactly. The golden age of the pipesmoker is sipping its final wisps of smoke.

 

sablebrush52

The Bard Of Barlings
Jun 15, 2013
19,625
44,836
Southern Oregon
jrs457.wixsite.com
The deeming date set by the FDA is February 15,2007, supposedly blends on the market prior to this date are grandfathered. New blends could not be put on the market after August 8, 2016, these blends and all blends created after 2/15/2017 must be off the market by 8/2018, or go through the FDA approval processes.
The date was set by Congress, not the FDA. That's why the FDA can't change the date, even if they were willing to consider it. You want that date changed? Go after Congress.
There is a bill to move the deeming date up to a 2016 date, I could not find the bill number.
HR 2058 - buried in committee - Write to the committee and express your concerns. Volunteer to monetarily support their opponents in the next election.

 

Bulldog

Starting to Get Obsessed
Oct 29, 2012
118
1
Mid-Atlantic, USA
A Brick & Mortar tobacconist recommended the below noted online petition. Entering a zip-code will automatically bring up the appropriate Representatives and Senators. This appears to me to be an excellent idea, the law certainly needs changing; however, I was disappointed to see no pipe-tobacco-specific language contained in the wording. Has anyone seen similar pipe-specific wording we could add to this petition, or even a similar online petition focusing on the deeming rules impact on our unique community?
CRA - Cigar Rights of America



 
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