Letter to the Hon. Scott Gottlieb, Commissioner of the U.S. Food and Drug Administration - Johnson Urges FDA Commissioner to Permanently Rein In E-Cigarette Rule

Letter

Dear Dr. Gottlieb:

Congratulations on your confirmation as Commissioner of the U.S. Food and Drug Administration (FDA). I look forward to working with you as Congress and the Administration strive to repair overregulation that has expanded the size, scope, and cost of government.

Since May 2016, I have been conducting oversight of the FDA's burdensome regulation over e-cigarettes. The rule threatens an emerging industry as well as former smokers who have switched to vaping. The regulation requires e-cigarette manufacturers to complete costly and time-consuming applications to get federal approval to sell e-cigarette products. Based on some estimates, these applications could cost manufactures, many of which are small businesses, more than $1 million to complete. That is a cost that these small businesses cannot afford.

In December 2016 and February 2017, I wrote to Vice President-elect Pence and Secretary Price, respectively, urging the administration to consider repealing or suspending the FDA's e-cigarette rule. I am pleased that the FDA recently announced that it would delay enforcement of the regulation. Although that is a positive first step, more must be done to permanently rein in this burdensome rule. As you begin your tenure as Commissioner of the FDA, I respectfully urge you to review the FDA's e-cigarette regulation so that the industry can continue to innovate and offer vapers an alternative to smoking.

Thank you for your attention to this important matter.

Sincerely,

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