The date when smokers find out whether or not the U.S. Food & Drug Administration (FDA) will regulate the cigar industry is getting closer and what is likely the most important part of the process is underway. Last week, the proposed deeming regulations from FDA were submitted to the White House Office of Management and Budget (OMB) for review. It’s expected to be one of the last steps before FDA’s finalized plans become public and as such law. Because FDA is an executive agency and does not need Congressional approval to create or modify laws for issues deemed under its scope, it goes through an approval process by OMB. The White House agency is responsible for reviewing executive agencies and the public and private economic impact of any new rules or programs. Formally, OMB has a 90-day period to review the FDA’s finalized rule, although there’s no penalty for OMB to take longer and the agency oftentimes does. It will be reviewing proposed deeming regulations, FDA’s first attempt at regulating e-cigarettes, tobacco vapor products, pipes, hookah and potentially cigars. OMB holds the power to modify the proposed rules by FDA and it can make those changes with relative ease compared to other ...
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