S. 3148: Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act

This bill, titled the Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act, aims to enhance the regulatory framework surrounding the destruction of certain tobacco products that are deemed to be unsafe or misleading.

Key Provisions

• Destruction Authority: The bill authorizes the Secretary of Health and Human Services to destroy tobacco products that are adulterated (unsafe for consumption), misbranded (incorrectly labeled), or counterfeit (fraudulently made to look like legitimate products) at the time they are offered for import.
• Regulatory Amendments: It proposes amendments to Section 801(a) of the Federal Food, Drug, and Cosmetic Act. This includes:
  • Adding the phrase “or counterfeit tobacco product” to existing language concerning the destruction of counterfeit devices.
  • Updating the language regarding which products may be subjected to destruction from only drugs and devices to also include tobacco products.
• Immediate Applicability: The amendments introduced by this bill will take effect as soon as the bill is enacted into law.

Overall Impact

The bill is structured to provide more robust measures for preventing illicit tobacco products from entering the United States market. By expanding the definitions related to counterfeit products, it aims to reduce the risks associated with tobacco consumption, particularly those that are harmful or misleading to consumers. This regulation specifically targets products that could pose a significant public health risk if allowed into the marketplace.

Relevant Companies

None found.