From ADEA <[email protected]>
Subject ADEA Advocate – July 9, 2024
Date July 9, 2024 4:05 PM
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American Dental Education Association


Volume 3, No. 50, July 9, 2024

FDA Approves Marketing for Four Menthol E-Cigarettes
 
The Food and Drug Administration (FDA) has granted [ [link removed] ] marketing authorization to four menthol-flavored e-cigarette products, marking the first approval of non-tobacco flavored vaping products in the United States. These products are manufactured by NJOY LLC, which was recently acquired by Altria. They include NJOY ACE Pod Menthol varieties and NJOY DAILY Menthol products. This decision allows NJOY to legally sell these e-cigarettes in the United States.
 
The FDA's authorization is based on its assessment that these products could potentially help adult smokers transition to a less harmful alternative. The agency highlighted a perceived benefit to adult smokers who might switch completely to e-cigarettes, despite acknowledging concerns about youth appeal and addiction risks. The FDA's Center for Tobacco Products emphasized the agency's scientific review, stating that the evidence of harm reduction for adult smokers outweighs the risks posed by youth uptake of flavored e-cigarettes.
 
Critics strongly oppose the FDA's decision. They argue that allowing menthol-flavored e-cigarettes onto the market could perpetuate youth vaping, citing data showing that a significant portion of young e-cigarette users prefer flavored products.
 
This decision by the FDA comes amid broader regulatory scrutiny over e-cigarette products, with the agency currently reviewing numerous premarket applications. It also coincides with recent policy shifts, such as the Biden administration's postponement of plans to ban menthol cigarettes [ [link removed] ] .

Texas Judge Halts Biden’s “Bare Minimum Rule”
 
U.S. District Judge Mark T. Pittman has issued a temporary injunction [ [link removed] ] halting a key provision of the Biden administration’s new regulation aimed at tightening oversight of career training programs. The injunction specifically blocks a provision known as the "bare minimum rule," which would have denied federal student aid to vocational programs that exceed a state’s mandatory training hours. This regulation, slated to take effect July 1, was intended to align program requirements more closely with state standards to ensure students do not have to complete more credit hours than necessary.
 
The Biden administration argued that the regulation was designed to protect students from being compelled to complete unnecessary credit hours.
 
The lawsuit challenging this provision was filed in May by the Coalition of Career Schools and 360 Degree Education. They argued that the new rule undermined longstanding regulations that allowed students to access federal grants for vocational programs exceeding the state-mandated minimums by up to 150%. According to the Coalition of Career Schools, complying with the new rule would force them to cut program hours, potentially reducing enrollment and harming students.
 
Judge Pittman’s ruling, issued in a 15-page order, stated that the U.S. Department of Education’s (ED) new provision represents a significant departure from established practices over the past three decades. He agreed with the plaintiffs that implementing the rule would cause irreparable harm to career schools. The injunction prevents the provision from being enforced while the lawsuit progresses. The injunction is not nationwide; it only applies to the Northern District of Texas—Judge Pittman’s district.
 
The Biden administration, in response to the ruling, stated that it is reviewing the Court’s decision.

Oregon Expands Medicaid Income Limits
 
The Oregon Health Authority recently launched its Oregon Health Plan Bridge [ [link removed] ] program that expands Medicaid to include individuals who earn up to 200% of the federal poverty level (FPL). The program will cover medical, dental and behavioral health care.
 
Oregon is the third state [ [link removed] ] to expand Medicaid to cover individuals who earn more than 138% FPL, the income limit used by most states that expanded coverage under the Affordable Care Act. Both Minnesota and New York [ [link removed] ] have expanded coverage to include coverage for individuals who earn up to 200% FPL and 250% FPL, respectively. Oregon, however, is the first state to provide this coverage without additional premiums or co-pays.

New Hawaii Law Will Allow Dental Hygienists to Apply Sealants in School-Based Programs
 
On June 28, Hawaii Gov. Josh Green, M.D., (D) signed legislation [ [link removed] ] that allows dental hygienists to perform preventive dental sealant screenings and apply preventive dental sealants on individuals when under the general supervision of a licensed dentist in a school-based oral health program. Dental hygienists will be permitted to perform these procedures on individuals in school-based programs who:
 • May or may not yet be patients of record;
 • Have not been previously examined by a licensed dentist; or
 • Do not have a treatment plan prescribed by a licensed dentist.

Partnering with ARPA-H
 
What are the key details of partnering with ARPA-H? Diane Sidebottom [ [link removed] ] , the Director of the Business Innovation Division at ARPA-H, and Benjamin Bryant [ [link removed] ] , the Division’s Deputy Director, will provide an overview of contracting with the agency and address any questions you may have about partnering.
 
If you’re interested in being part of this Zoom meeting scheduled for Monday, July 15th from 12:00 - 1:00 p.m. Eastern, please register here [ [link removed] ] .

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ADEA Advocacy in Action
This appears weekly in the ADEA Advocate to summarize and provide direct links to recent advocacy actions taken by ADEA. Please let us know what you think and how we might improve its usefulness.
 
Issues and Resources
 • ADEA report [ [link removed] ] on teledentistry
 • ADEA report [ [link removed] ] on the Impact of the COVID-19 Pandemic on U.S. Dental Schools
 • ADEA policy brief [ [link removed] ] regarding overprescription of antibiotics
 • For a full list of ADEA memos, briefs and letters click here [ [link removed] ] .

Key Federal Issues [ [link removed] ]

ADEA U.S. Interactive Legislative and Regulatory Tracking Map [ [link removed] ]

Key State Issues [ [link removed] ]

The ADEA Advocate [ [link removed] ] is published weekly. Its purpose is to keep ADEA members abreast of federal and state issues and events of interest to the academic dentistry and the dental and research communities.
 
©2024
American Dental Education Association
655 K Street, NW, Suite 800
Washington, DC 20001
Tel: 202-289-7201
Website: www.adea.org [ [link removed] ]

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B. Timothy Leeth, CPA
ADEA Chief Advocacy Officer
 
Bridgette DeHart, J.D.
ADEA Director of Federal Relations and Advocacy
 
Phillip Mauller, M.P.S.
ADEA Senior Director of State Relations and Advocacy
 
Contact Us:
[email protected] [ mailto:[email protected] ]

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