I 118th CONGRESS 2d Session H. R. 10444 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. 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 . 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 . 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).