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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10444 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10444

 To clarify that States do not have authority to establish or continue 
   in effect any requirement with respect to the sale, distribution, 
possession, or use of less harmful alternatives to traditional tobacco 
       products to protect public health, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2024

 Mr. Bergman (for himself and Mr. Davis of North Carolina) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
 To clarify that States do not have authority to establish or continue 
   in effect any requirement with respect to the sale, distribution, 
possession, or use of less harmful alternatives to traditional tobacco 
       products to protect public health, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Options for Unrestricted 
Consumer Harm-reduction Act of 2024'' or the ``POUCH Act of 2024''.

SEC. 2. PREEMPTION OF STATE LAWS ON TOBACCO PRODUCTS FOR WHICH A 
              MARKETING ORDER IS IN EFFECT.

    (a) In General.--Paragraph (2) of section 916(a) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 387p(a)) is amended to read as 
follows:
            ``(2) Preemption of certain state and local requirements.--
                    ``(A) In general.--
                            ``(i) Preemption.--No State or political 
                        subdivision of a State may establish or 
                        continue in effect with respect to a tobacco 
                        product any requirement which is different 
                        from, or in addition to, any requirement under 
                        the provisions of this chapter relating to 
                        tobacco product standards, premarket review, 
                        adulteration, misbranding, labeling, 
                        registration, good manufacturing standards, or 
                        modified risk tobacco products.
                            ``(ii) Exception.--Clause (i) does not 
                        apply to requirements relating to the sale of, 
                        distribution of, possession of, information 
                        reporting to the State, exposure to, access to, 
                        the advertising and promotion of, or use of, 
                        tobacco products to or by individuals of any 
                        age, or relating to fire safety standards for 
                        tobacco products. Information disclosed to a 
                        State under clause (i) that is exempt from 
                        disclosure under section 552(b)(4) of title 5, 
                        United States Code, shall be treated as a trade 
                        secret and confidential information by the 
                        State.
                    ``(B) Tobacco products for which a marketing order 
                is in effect.--No State or political subdivision of a 
                State may establish or continue in effect, with respect 
                to tobacco products for which there is a marketing 
                order issued under section 910(c)(1)(A)(i) in effect, 
                any prohibition or restriction on the sale of, 
                distribution of, possession of, exposure to, access to, 
                advertising and promotion of, or use of such tobacco 
                products that is different from, or in addition to, any 
                prohibition or restriction on such tobacco products 
                under the provisions of this chapter.''.
    (b) Conforming Changes.--Section 916(a)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 387p(a)(2)(A)) is amended by striking 
``the sale, distribution, possession, exposure to, access to, 
advertising and promotion of, or use of tobacco products by 
individuals'' and inserting ``the sale of, distribution of, possession 
of, exposure to, access to, advertising and promotion of, or use of 
tobacco products to or by individuals''.

SEC. 3. REPORT ON PENDING TOBACCO PRODUCT APPLICATIONS.

    Not later than the date that is 90 days after the date of enactment 
of this Act, the Commissioner of Food and Drugs shall submit to 
Congress a report containing a list specifying--
            (1) each pending new tobacco product application under 
        section 910 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 387j);
            (2) each pending application for a marketing authorization 
        order for a modified risk tobacco product under section 911 of 
        such Act (21 U.S.C. 387k); and
            (3) the status of each pending application referred to in 
        paragraph (1) or (2).
                                 <all>
```