Press Releases

Following an unprecedented effort to ban alternative nicotine products such as flavored pouches and vapes, Rep. Jack Bergman (R-MI) and Don Davis (D-NC) introduced H.R. 10444, the Public Options for Unrestricted Consumer Harm-reduction (POUCH) Act. The legislation will block states and local governments from restricting Food and Drug Administration (FDA)-approved modified risk tobacco products (MRTP) and shine a light with much needed oversight of FDA’s years-long delay approving PMTAs.

For decades, Americans have chosen to reduce their consumption of traditional tobacco products for health and safety reasons. However, tens of millions of adult consumers continue to use nicotine, and many have chosen to use less harmful alternatives to combustible tobacco, like nicotine pouches and electronic cigarettes.

Since 2007, all new tobacco products must complete a premarket tobacco application (PMTA) with FDA. For approval, a new PMTA must provide scientific data showing it will be beneficial for overall public health and safer than traditional tobacco products. Due to federal inaction and vague federal statute, states and cities have issued blanket flavor bans that are being upheld by the courts, disenfranchising millions of adult flavored tobacco users

“We place a high value on freedom and individualism in our Nation, and heavy-handed government interference jeopardizes those principles. The POUCH Act will shine a light on the FDA’s delayed approval process for modified risk tobacco products and prevent states or local entities from legislating for our entire country by banning already authorized products. The legislation promotes safety by preserving access to less harmful tobacco alternatives and promotes freedom by allowing Americans to determine the winners of our market – not the government,” Rep. Jack Bergman stated.

“Smokers and others struggling with any type of addiction must have access to all available health care options,” said Rep. Don Davis. “Blanket bans, whether on menthol cigarettes or on alternative tobacco products, simply do not work.”

Read the full text of the bill here.