Zyn, a popular smoke-free nicotine product, may no longer be on Minnesota shelves after the state’s Democratic attorney general, Keith Ellison, appeared to tell retailers to stop selling the product.
Two weeks ago, Ellison held a press conference where he announced his office was sending a letter to more than 5,000 businesses across Minnesota that told retailers to “immediately stop any sales or distribution of illegal and unauthorized e-cigarettes or nicotine pouches to Minnesota consumers.”
According to the attorney general’s office, federal law says “new tobacco products — whether they contain tobacco-derived nicotine or synthetic nicotine — must receive pre-market authorization from the FDA before they can be sold legally in the United States.”
Zyn, an oral nicotine pouch, has not received FDA authorization. At Ellison’s press conference, a container of Zyn was on display among the attorney general’s collection of prohibited products.
“As of June 2024, the FDA has authorized only 34 e-cigarettes and 4 oral nicotine products (none of which are oral nicotine pouches) to be sold in the United States,” Ellison wrote in his letter to retailers.
Alpha News reached out to Ellison’s office several times to confirm if the attorney general was instructing Minnesota retailers to stop selling Zyn. Despite repeated media inquires on various platforms, the attorney general’s office refused to provide answers.
Alpha News also asked Ellison’s office about the kinds of actions his office would bring against businesses who continue to sell Zyn. However, a spokesperson with the attorney general’s office did not respond.
Vaping360, a media outlet that covers a wide range of news stories about vaping and nicotine products, says that Ellison’s office did not get its facts straight.
“Ellison claims in his letter that sellers of e-cigarettes and nicotine pouches ‘not authorized by the FDA’ are ‘in violation of the federal Food, Drug and Cosmetic Act, as amended by the Tobacco Control Act,'” wrote Vaping360.
“However, that isn’t entirely true,” the media outlet stated.
According to Vaping 360, “The FDA has not attempted to enforce those provisions against manufacturers with products still under review or manufacturers whose marketing denial orders (MDOs) have been stayed or overturned by federal courts.
“If Ellison was correct, manufacturers currently selling Juul vapes or ZYN nicotine pouches would be subject to prosecution—even though both products remain under FDA review, and the FDA itself has taken no action against distributors or retailers selling those products.
“Many vaping products (and all nicotine pouches) are still undergoing FDA review of their premarket tobacco applications (PMTAs). Dozens of other manufacturers have challenged FDA denial orders, and many have had the orders stayed or invalidated by circuit courts.”
The attorney general’s apparent demand that retailers cease Zyn sales in Minnesota was a part of a broader action that also sought to prevent the sale of unlawful e-cigarettes and electronic nicotine delivery systems.
Specifically, Ellison’s letter told retailers that they were in violation of state law if they “advertise, sell or distribute e-cigarettes that are described or depicted as imitating candy, desserts, or beverages that are commonly marketed to minors.”
Additionally, Attorney General Ellison asked the businesses he contacted to “confirm in writing” that they will stop selling “unauthorized” products.
“I ask that you confirm in writing that you will comply with the above-referenced laws, refrain from advertising, selling, or distributing unauthorized and illegal e-cigarettes and nicotine pouches to Minnesota consumers, and ensure that you only advertise, sell, or distribute e-cigarettes and oral nicotine pouch products that have been authorized by the FDA,” Ellison wrote.
Luke Sprinkel
Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.
