Petitions are often pretty useless, but we’ve found one that you should sign. NJOY recently filed a Citizen Petition, which has earned the backing of many prominent wholesale CBD flower advocacy groups and companies. The petition aims to push back the FDA’s incoming deeming rule by 24 months to ensure there is better clarification on the requirements for a pre-market tobacco application (PMTA). Since PMTAs are designed for tobacco products, and there’s no exact script on what makes a successful or unsuccessful submission, it’s a fair request.
The difference between a Citizen Petition and one that you’ll find on a random petition site is that Citizen Petitions have legal grounding. They are present in the Code of Federal Regulations, and the FDA will be forced to offer a response if the petition succeeds. So that’s why well-known vaping groups like CASAA are encouraging vapers to speak up.
Citizen Petitions are powerful tools that the public and companies can use on the FDA to get answers and change the way things work. They’re used to request for the issuing, repeal, and amendment of regulations, and just for general administrative action that the FDA may be considering. Furthermore, while usually the method of pharmaceutical companies, their experience with Citizen Petitions are positive, and this precedent means we can hope for similar success with vaping. The FDA has 150 days to respond after a Citizen Petition.
The Department of Health and Human Services (DHHS) threatens to suffocate the vaping industry with the November 2018 deeming deadline by taking products like CBD vape additive off the market. The FDA operates under the DHHS. With the Trump administration appointing Scott Gottlieb as FDA Commissioner, vapers have been optimistic. The rumors are that Gottlieb sympathizes with vaping arguments, more so than the previous Commissioner did at least.
The last time that vapers appealed to the DHHS, more than 2,000 small vaping businesses got involved, as did vape associations and organizations from across the nation. The goal then was to achieve a suspension or indefinite delay of the other deeming deadlines set to be imposed.
Who knows whether this Citizen Petition will work? But it’s a legal avenue that’s come up trumps for others – that alone makes it worth a try. If we can get thousands or even millions of vapers from across America to sign it, then the federal government will see that we’re serious and that the deeming deadline is a real concern to vapers who rely on CBD Juul pods.