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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Options for Un-
restricted Consumer Harm-reduction Act of 2024’’ or the 
‘‘POUCH Act of 2024’’. 
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SEC. 2. PREEMPTION OF STATE LAWS ON TOBACCO PROD-
UCTS 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 polit-
ical 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 relat-
ing to tobacco product standards, pre-
market review, adulteration, misbranding, 
labeling, registration, good manufacturing 
standards, or modified risk tobacco prod-
ucts. 
‘‘(ii) EXCEPTION.—Clause (i) does not 
apply to requirements relating to the sale 
of, distribution of, possession of, informa-
tion reporting to the State, exposure to, 
access to, the advertising and promotion 
of, or use of, tobacco products to or by in-
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dividuals of any age, or relating to fire 
safety standards for tobacco products. In-
formation 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, dis-
tribution 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, distribu-
tion, possession, exposure to, access to, advertising and 
promotion of, or use of tobacco products by individuals’’ 
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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 APPLI-
CATIONS. 
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 applica-
tion 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 prod-
uct under section 911 of such Act (21 U.S.C. 387k); 
and 
(3) the status of each pending application re-
ferred to in paragraph (1) or (2). 
Æ 
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