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.
About This Bill
Committee
Latest Action · December 17, 2024
Referred to the House Committee on Energy and Commerce.
The POUCH Act of 2024 would prevent states from regulating "less harmful alternatives" to traditional tobacco products, such as e-cigarettes and other reduced-risk tobacco products that have received federal approval. The bill strips away state authority to restrict the sale, distribution, possession, advertising, or use of these federally-approved products, while preserving state control over traditional cigarettes and smokeless tobacco. The only exceptions would allow states to continue regulating age-restricted sales, fire safety standards, and information reporting to the state. Additionally, the legislation requires the Food and Drug Administration to submit a report to Congress within 90 days identifying all pending applications for new tobacco products and modified risk tobacco products, along with their approval status. This bill would fundamentally shift regulatory power from states to the federal government for any tobacco product that receives a federal marketing authorization order.
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