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Legislative Update: Labeling, Personal Protective Equipment, Pharmaceuticals

Tuesday, July 14, 2020
Sandler, Travis & Rosenberg Trade Report

For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson.

Federal government. H.R. 7549 (introduced July 9 by Rep. McCaul, R-Texas) would abolish the U.S. and Foreign Commercial Service.

Labeling. The Reinforcing American-Made Products Act (S. 4065, introduced June 24 by Sen. Lee, R-Utah) would make exclusive the authority of the federal government to regulate the extent to which a product is introduced, delivered for introduction, sold, advertised, or offered for sale in interstate or foreign commerce with a “Made in the USA” or “Made in America” label, or the equivalent thereof, to represent that the product was in whole or substantial part of domestic origin.

Personal protective equipment. S. 4158 (introduced July 2 by Sen. Hawley, R-Mo.) would examine the extent of U.S. reliance on foreign producers for personal protective equipment during the COVID-19 pandemic and produce recommendations to secure the PPE supply chain.

Pharmaceuticals. The Pharmaceutical Supply Chain Defense and Enhancement Act (S. 4191, introduced July 2 by Sen. Warren, D-Mass.) would (1) require the Food and Drug Administration and Defense Department to develop a confidential list of critical drugs essential for public health and national security, (2) provide $1 billion a year for five years to upgrade national capacity to manufacture those drugs, (3) require the DoD, Veterans Administration, Department of Health and Human Services, and Bureau of Prisons to purchase U.S.-made drugs and provide funding to subsidize those purchases, (4) require drug makers to annually report to the FDA information about the source of active pharmaceutical ingredients and starting materials used to make drugs consumed in the U.S., (5) require drug makers to report to any federal agency to which they supply drugs information on the foreign manufacturers that produce those drugs and their components, (6) require the FDA to report to Congress on the strength of the U.S. supply chain, (7) provide $20 million to the FDA to establish an API database to track U.S. reliance on foreign manufacturers, and (8) require the Federal Trade Commission and the Treasury Department to study within one year the role of foreign investment in the U.S. pharmaceutical industry.

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