Bills of Congress by U.S. Congress

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. This proposed law specifically targets illicit tobacco products originating from China.

Expected Effects

The primary effect of this bill would be to grant the Secretary of Health and Human Services the authority to destroy illicit tobacco products, particularly those from China, at the point of import. This could lead to a reduction in the availability of potentially harmful or misrepresented tobacco products in the US market. It may also deter the import of such products in the future.

Potential Benefits

  • Reduced availability of potentially harmful adulterated or counterfeit tobacco products.
  • Protection of consumers from misbranded tobacco products.
  • Potential decrease in illegal tobacco trade.
  • Reinforcement of existing regulations regarding imported goods.
  • Could lead to increased revenue for legitimate tobacco businesses.

Potential Disadvantages

  • Potential for increased administrative burden on the Department of Health and Human Services.
  • Possible trade tensions with China.
  • Risk of errors in identifying counterfeit products.
  • Limited impact if the source of illicit tobacco shifts to other countries.
  • Potential for increased costs that could be passed on to consumers.

Constitutional Alignment

The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the US 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. There are no apparent conflicts with individual liberties or other constitutional protections.

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).