As a Pro-Consumer President, Biden Shouldn’t Allow the Government to Ban Products Americans Love

COMMENTARY

Since taking office, President Joe Biden has positioned himself as the most pro-consumer president in recent memory. He pushed to eliminate junk fees that saddle consumers with unnecessary costs, and he signed the Inflation Reduction Act and the American Rescue Plan, both of which included a smorgasbord of new investments that put more money in the hands of consumers.

That’s why it’s surprising that the International Trade Commission is quietly undermining the president’s agenda by trying to take away one of the most consumer-loved products on the market: the Apple Watch.

The International Trade Commission was established more than a century ago to serve as our nation’s top protector of American intellectual property and patents from foreign competitors. One of its chief responsibilities is to protect American businesses from IP theft or patent infringement from nefarious foreign actors, and among its powers is the ability to outright ban products from U.S. markets if those products are found to violate patent law. Yet in recent years, the ITC has lost sight of its priorities, aiding and abetting American companies who target their American competitors.

The ITC’s folly is on full display right now following a shocking ruling that banned the Apple Watch from being imported into U.S. markets on Dec. 26, 2023.

In this case, a health care technology company alleged that Apple violated one of its patents. Despite the initial lawsuit being built on shaky legal ground, the ITC sided with the health care technology company. As a result, an extremely popular product was stripped from the shelves just as Americans were opening presents under the Christmas tree. A federal court recently temporarily lifted the ban while Apple appeals the decision. Nevertheless, certain models of the Apple Watch could soon become permanently banned from import into the United States.

The ITC’s decision is as confusing as it is disappointing because it flies in the face of the commission’s founding mission. Whenever a patent dispute of a product is brought before the ITC, the agency is required by law to consider whether banning a product could hurt the “public interest.” This is designed to ensure the ITC maintains its focus on providing a strong and fair market to the American consumer, and yet their decision clearly violates the agency’s public interest mandate.

Think of what would happen if the Apple Watch were permanently banned from being sold. Not only would millions of American consumers lose out on a product so useful for daily tasks, but it would also take away a critical tool for health monitoring. The technology in the Apple Watch at the center of ITC case monitors blood oxygen levels and notifies people if their blood oxygen drops below a healthy level. Given its health benefits, it’s surprising anyone would attempt to remove this product at all.

The case is hardly unique. All too often, corporate interests try to extract settlements from their competitors or peers to create windfalls for their shareholders — and the ITC unfortunately has played a part because its only means of enforcement is to exclude products from the U.S. market entirely.

Until the ITC’s enforcement system is modernized to prevent anti-competitive attacks, more products that consumers love could be kicked off the market.

Right now, the fate of American consumers lies in the hands of the federal courts. Let’s hope the health technology company does not succeed in bullying its competitor and taking away a product Americans know and love. The ITC should not become a weapon for profit, but a force for American consumers and industry.

Further, I hope my fellow Democrats will join me in urging Biden not to allow the government to take away products we love and to reform the ITC, to prevent egregious overreach like this in the future.

Ameshia Cross is a Democratic strategist and political commentator. She previously served as a campaign and communications adviser for President Obama, and a policy adviser for the National Urban League. She can be reached on X.