The grandfathering list is just that, a list. The FDA still takes applications to be on it, no deadline. like in the PTMA or SE portals.
A manufacture, importer or distributor can determine on their own whether their product is grandfathered or substantially equivalent. They are perfectly free to rely on their own opinion of the STATUTORY definitions. You don’t have to be on ANY list, you can wait for. a nasty letter, and either fight or fold then.
As far as Dunhill/Peterson/STG goes, in spite of it not being imported into the US, it was continuously available elsewhere under different names, for example, Wellhauer Nightcap in Switzerland with the same tin art.
The FDA has said pipe tobacco is not an “enforcement priority”. I never practiced before the FDA, but I did other Federal Agencies. What those two words translate to is asking forgiveness later will be much easier than asking permission now.
There is not one positive thing a single one of us can do as consumers to contribute in any way to this ongoing process, except possibly get some do gooder who has an anti tobacco mission in life and stumbles across this thread curious. “Gee why isn’t pipe tobacco getting raked over the coals like vape? Flavored Cigars? Menthol Cigarettes? “
Anybody been jailed for importing an artisan pipe? Mixing 1Q and BCA together? All sorts of things were very confidently predicted to happen in August 2016 that haven’t happeNed- yet Some of them still could, but some are unlikely.
Just a reminder of what the consensus was then:
Tom Wolfe There has been a lot of hype and rumor the last few months about the new FDA "Deeming" rules that go into effect on August 8, 2016. What with the Nashville Pipe Show being cancelled, and several pipe makers deciding to quit the business, there is a lot of panic in the industry. […]
pipesmagazine.com
Less said the better. From me, radio silence on anything related to the FDA from here on until there are concrete developments about actual regulations beyond what we already know. Which I don’t expect soon.