Senator Ron Johnson’s New Letter to FDA

Senator Ron Johnson was not supposed to get re-elected if you listened to American pollsters this summer. Infact, the entire US Senate was supposed to flip party. Perhaps that is why his initial letter to FDA was snubbed regarding the Deeming rule when he sent it in the last months of his 6 year term.

Now that he has been re-elected, and a new administration has pledged to work with Congress to repeal senseless regulations and reign in misguided and unaccountable federal agencies, his letters won’t fall on deaf ears any longer.  Here is a transcript of a new Ron Johnson letter sent to the FDA November 21, 2016:

Transcript of New Ron Johnson Letter to FDA November 21,2016

The Honorable Robert M. Califf, M.D. Commissioner
U.S. Food and Drug Administration
10903 New Hampshire Avenue Silver Spring, MD 20993


Dear Dr. Califf:

On November 8, the American people voiced their disapproval of the type of government that ignores the input of small business owners, consumers, and job creators.  The incoming Administration and the 115th Congress will likely re-examine and unwind burdensome regulations imposed by the Obama Administration. The U.S. Food and Drug Administration’s (FDA) deeming regulation of e-cigarettes is a primary example of a rule that could eliminate an entire nascent industry. According ly, given the substantial likelihood that this burdensome rule will be undone, I urge the FDA to cease implementation of its deeming regulation to spare the growing e-cigarette industry unnecessary and avoidable compliance costs that it currently faces.

Many stakeholders have raised concerns about the costs this regulation will have on the emerging e-cigarette industry. Christian Berkey, the Chief Executive Officer of an e-liquid company located in Hartland, Wisconsin, has said that the effect of this rule on the e-cigarette industry would be “catastrophic.” In light of the significant economic costs on thee-cigarette industry and the substantial likelihood that the incoming Administration and the 115th Congress will unwind this burdensome regulation, I call on the FDA to cease its implementation of the current regulation over e-cigarettes.  I hope the FDA will acknowledge the reality of the situation and ensure that small businesses and consumers do not continue to incur avoidable financial costs due to this regulation.

Thank you for your prompt attention to this important matter.


Ron Johnson, Chairman
United States Senate
Committee on Homeland Security and Government Affairs