Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act; END Illicit Chinese Tobacco Act
Summary
The "Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act" (END Illicit Chinese Tobacco Act) aims to authorize the Secretary of Health and Human Services to destroy adulterated, misbranded, or counterfeit tobacco products offered for import. The bill amends Section 801(a) of the Federal Food, Drug, and Cosmetic Act to include counterfeit tobacco products in the list of items that can be destroyed upon import. The amendments would take effect upon enactment of the Act.
Expected Effects
The primary effect of this bill would be to grant the Secretary of Health and Human Services the explicit authority to destroy illicit tobacco products at the border. This could lead to a reduction in the availability of potentially harmful counterfeit tobacco products within the United States. It also aims to protect consumers from misbranded or adulterated tobacco.
Potential Benefits
- Reduced availability of potentially harmful counterfeit tobacco products.
- Protection of consumers from misbranded or adulterated tobacco.
- Potential decrease in healthcare costs associated with illnesses caused by illicit tobacco.
- Support for legitimate tobacco businesses by reducing unfair competition.
- Strengthened border security measures against illicit trade.
Potential Disadvantages
- Potential for increased administrative burden on the Department of Health and Human Services.
- Possible trade tensions with countries exporting illicit tobacco products, particularly China.
- Risk of errors in identifying counterfeit products, leading to the destruction of legitimate goods.
- Potential for the creation of a black market for illicit tobacco products if demand persists.
- Limited impact if the root causes of illicit tobacco production and trade are not addressed.
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, which grants Congress the power to regulate commerce with foreign nations. By regulating the import of tobacco products, the bill falls under this purview. Additionally, the bill could be argued to promote the general welfare (Preamble) by protecting public health and safety.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).