US Senator Ron Johnson sent a letter to FDA Commissioner Robert Califf warning that the Republican-controlled Congress may change or abolish portions of the deeming rule that went into effect in August, the Winston-Salem Journal said.

Johnson, chairman of the Senate Homeland Security and Government Affairs Committee, reportedly wrote there is a “substantial likelihood that this burdensome rule will be undone,” after the new Congress begins work next year. Johnson has been a frequent critic of restrictions placed on vaping products. The deeming rule added new categories, including vaping devices and liquids, to the tobacco products regulated by FDA.