Deeming Day?
- Thread starter tzinc
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You can do a Google search under “Deeming regulation tobacco” and get a lot of information. I’m not sure what the latest is on the projected implementation date.
And I have seen no retailers or manufacturers publish a statement on what they plan to do. Neither what blends will be gone or safe, nor any plans for price increases due to compliance costs, nothing. No signalling at all.
It's when blends officially need to go through paperwork to be allowed on the market by the FDA. If a company doesn't want to do the paperwork for a blend for any number of reasons, it can't be sold.
You'll find every extreme on what someone thinks that means for the market.
You'll find every extreme on what someone thinks that means for the market.
From talking to my local independent pipe shop owner -- admittedly quite a while ago -- this whole regulatory move seems to be a wait-and-see operation. Not much clarity is coming out of FDA (or ATF) so much of the response by tobacco companies is anticipatory and not by the book. Maybe the first regulatory moves will be launched against some tobacco companies or categories of companies, and others will scramble to comply. I'd guess the tobacco market will take a few years to settle out to its new status quo. Forums members at large are so stocked up, I don't think this will have much impact, except emotionally, for a few years.
In 2009 Congress passed the Family Smoking Prevention and Tobacco Control Act. As a consequence the FDA was given a large measure of control over sales of tobacco products.
Under terms of the act, tobaccos which have been continually available on the US market since before February 15th 2007 are grandfathered in.
Tobaccos which came onto the market after February 15th 2007 but prior to August 8 2016 must go thru one of several "Deeming" processes in order to remain on the market permanently. The current deadline for meeting this requirement is August 8th 2021. However, if the Deeming process is underway but not yet completed, a one year extension may be granted.
New blends brought to market after August 8 2016 must file for deeming and go thru the process before being made available for sale.
Since being announced there have been a number of legal challenges, some successful, others not, so some of this may have been changed a little
For more information this topic look here:
www.fda.gov
Under terms of the act, tobaccos which have been continually available on the US market since before February 15th 2007 are grandfathered in.
Tobaccos which came onto the market after February 15th 2007 but prior to August 8 2016 must go thru one of several "Deeming" processes in order to remain on the market permanently. The current deadline for meeting this requirement is August 8th 2021. However, if the Deeming process is underway but not yet completed, a one year extension may be granted.
New blends brought to market after August 8 2016 must file for deeming and go thru the process before being made available for sale.
Since being announced there have been a number of legal challenges, some successful, others not, so some of this may have been changed a little
For more information this topic look here:
FDA's “Deeming” Regulation
Learn more about the rule FDA finalized in 2016 to regulate e-cigarettes, cigars and all other tobacco products.
Does this mean that blends that actually were brought to market after 8/8/2016 are not subject to the deeming deadline? The assumption being that they've already gone through the deeming process.
This was the original date set by the FDA. However, some of the do gooder organizations took them to court, complaining this was too long. The court agreed. The deeming date was then set at September 9, 2020.
Submit Tobacco Product Applications for Deemed Tobacco Products
Resources for Applicants Required to Submit by September 9, 2020
I believe what it means is that any un-deemed blends brought on the market after the "grandfather" date will not be able to be legally sold until (if) they complete the deeming process in time.
Sounds like they did this to primarily go after Vape Companies. I wonder if Cigarette Companies are behind this since their blends have been the same for years and they will not really be effected. Pipe tobacco companies are the collateral damage.
I think a big part of the pipe hobby is creating new blends. This will be pretty much stopped because you have to pay the FDA for the testing and the testing is very expensive. All tobaccos that came onto the market after 2007 are in danger of extinction.
Someone mentioned pipes might have to be tested to which would kill a lot of pipe manufacturing especially by artisans.
This is sheer hypocrisy pipe tobaccos and vape mixtures do not use the poisons that are in cigarettes. Cigarettes are loaded with all kinds of deadly chemicals and this will be allowed to continue. This legislation makes it appear that the government is doing something about the dangers of smoking but they are actually only hurting the least dangerous (pipes and vapes) and ignoring the most dangerous (cigarettes).
I think a big part of the pipe hobby is creating new blends. This will be pretty much stopped because you have to pay the FDA for the testing and the testing is very expensive. All tobaccos that came onto the market after 2007 are in danger of extinction.
Someone mentioned pipes might have to be tested to which would kill a lot of pipe manufacturing especially by artisans.
This is sheer hypocrisy pipe tobaccos and vape mixtures do not use the poisons that are in cigarettes. Cigarettes are loaded with all kinds of deadly chemicals and this will be allowed to continue. This legislation makes it appear that the government is doing something about the dangers of smoking but they are actually only hurting the least dangerous (pipes and vapes) and ignoring the most dangerous (cigarettes).
This was the original date set by the FDA. However, some of the do gooder organizations took them to court, complaining this was too long. The court agreed. The deeming date was then set at September 9, 2020.
Submit Tobacco Product Applications for Deemed Tobacco Products
Resources for Applicants Required to Submit by September 9, 2020
That was my understanding, except September came and went and they're still selling stuff that doesn't seem to meet the criteria (i.e. all the Cult blends).
I actually don't mind them regulating new stuff. Some John Q Public down the street could be mixing whatever he wants and it goes unchecked. The vape industry in general dug its own hole with the stuff that's been going on in that industry for years. If they hadn't taken advantage of their lack of oversight, this mess possibly wouldn't be what it turned out to be.
That was the exact time Pipes and Cigas went to blending kits, so for sure something changed. There are ways to keep a blend on the market that aren’t transparent to us, such as substantially equivalent. Those filings are not public so far because the industry has raised trade secret issues.
How widely known was the closing of McClelland the day before it happened?
I imagine they sold off most of their inventory before closing. My point is that if manufacturers will have to soon pull many of their blends wouldn't they be trying to sell as much of them as possible?
Maybe they already have. Dunhill stock sat on store shelves for nearly two years after their production ended before Peterson picked them up. Possibly even selling component tobaccos to cigarette manufacturers to may back lost capital.
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