I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Options for Un5 restricted Consumer Harm-reduction Act of 2024’’ or the 

6 ‘‘POUCH Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 10444 IH

1 SEC. 2. PREEMPTION OF STATE LAWS ON TOBACCO PROD2 UCTS FOR WHICH A MARKETING ORDER IS IN 

3 EFFECT. 

4 (a) IN GENERAL.—Paragraph (2) of section 916(a) 

5 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

6 387p(a)) is amended to read as follows: 

7 ‘‘(2) PREEMPTION OF CERTAIN STATE AND

8 LOCAL REQUIREMENTS.— 

9 ‘‘(A) IN GENERAL.— 

10 ‘‘(i) PREEMPTION.—No State or polit11 ical subdivision of a State may establish or 

12 continue in effect with respect to a tobacco 

13 product any requirement which is different 

14 from, or in addition to, any requirement 

15 under the provisions of this chapter relat16 ing to tobacco product standards, pre17 market review, adulteration, misbranding, 

18 labeling, registration, good manufacturing 

19 standards, or modified risk tobacco prod20 ucts. 

21 ‘‘(ii) EXCEPTION.—Clause (i) does not 

22 apply to requirements relating to the sale 

23 of, distribution of, possession of, informa24 tion reporting to the State, exposure to, 

25 access to, the advertising and promotion 

26 of, or use of, tobacco products to or by inVerDate Sep 11 2014 21:04 Jan 22, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H10444.IH H10444

ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 10444 IH

1 dividuals of any age, or relating to fire 

2 safety standards for tobacco products. In3 formation disclosed to a State under clause 

4 (i) that is exempt from disclosure under 

5 section 552(b)(4) of title 5, United States 

6 Code, shall be treated as a trade secret 

7 and confidential information by the State. 

8 ‘‘(B) TOBACCO PRODUCTS FOR WHICH A

9 MARKETING ORDER IS IN EFFECT.—No State 

10 or political subdivision of a State may establish 

11 or continue in effect, with respect to tobacco 

12 products for which there is a marketing order 

13 issued under section 910(c)(1)(A)(i) in effect, 

14 any prohibition or restriction on the sale of, dis15 tribution of, possession of, exposure to, access 

16 to, advertising and promotion of, or use of such 

17 tobacco products that is different from, or in 

18 addition to, any prohibition or restriction on 

19 such tobacco products under the provisions of 

20 this chapter.’’. 

21 (b) CONFORMING CHANGES.—Section 916(a)(1) of 

22 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

23 387p(a)(2)(A)) is amended by striking ‘‘the sale, distribu24 tion, possession, exposure to, access to, advertising and 

25 promotion of, or use of tobacco products by individuals’’ 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 10444 IH

1 and inserting ‘‘the sale of, distribution of, possession of, 

2 exposure to, access to, advertising and promotion of, or 

3 use of tobacco products to or by individuals’’. 

4 SEC. 3. REPORT ON PENDING TOBACCO PRODUCT APPLI5 CATIONS. 

6 Not later than the date that is 90 days after the date 

7 of enactment of this Act, the Commissioner of Food and 

8 Drugs shall submit to Congress a report containing a list 

9 specifying— 

10 (1) each pending new tobacco product applica11 tion under section 910 of the Federal Food, Drug, 

12 and Cosmetic Act (21 U.S.C. 387j); 

13 (2) each pending application for a marketing 

14 authorization order for a modified risk tobacco prod15 uct under section 911 of such Act (21 U.S.C. 387k); 

16 and 

17 (3) the status of each pending application re18 ferred to in paragraph (1) or (2). 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS