Keith Ellison Urges Retailers to Stop Selling Unauthorized E-Cigarette Products

Regulations by 2FIRSTS.ai
Sep.12.2024
Keith Ellison Urges Retailers to Stop Selling Unauthorized E-Cigarette Products
Minnesota Democrat Attorney General Keith Ellison showcased banned products at a press conference, including GEEK BAR and ZYN nicotine pouches.

According to a recent report by Alpha News, Democratic Attorney General Keith Ellison of Minnesota showcased a range of banned products at a press conference, including the e-cigarette brand GEEK BAR and ZYN nicotine pouches.

 

Two weeks ago, Ellison announced at a press conference that his office had sent a letter to over 5,000 businesses in Minnesota, demanding that retailers "immediately cease selling or distributing illegal and unauthorized e-cigarettes or nicotine pouches.

 

According to the Office of the Attorney General, federal law states that "all new tobacco products - whether containing tobacco-derived nicotine or synthetic nicotine - must obtain FDA market authorization before being legally sold.

 

The ZYN nicotine pouch has not yet received authorization from the FDA.

 

Ellison wrote in a letter to retailers,

 

As of June 2024, the FDA has only authorized the sale of 34 e-cigarette products and 4 oral nicotine products (none of which are nicotine pouches).

 

Alpha News has reached out multiple times to Attorney General Ellison's office to confirm whether he directed retailers in Minnesota to stop selling ZYN, but the Attorney General's office has refused to respond on various platforms. The media outlet also inquired about the actions Attorney General Ellison's office would take against businesses continuing to sell ZYN, but a spokesperson for the Attorney General's office did not provide a response.

 

The e-cigarette media outlet Vaping360 stated that Ellison's office does not have the correct facts.

 

Elison claimed in the letter that unauthorized e-cigarette and nicotine pouch retailers are in violation of the Federal Food, Drug, and Cosmetic Act, which is not entirely accurate.

 

The FDA did not attempt to enforce these regulations on manufacturers whose products are still under review or on manufacturers who have obtained a Marketing Denial Order (MDO) that has been suspended or overturned by a federal court.

 

If Ellison is correct, then manufacturers currently selling Joye-cigarettes or ZYN nicotine pouches should face legal action - even though these products are still under FDA review, and the FDA itself has not taken action against the distributors or retailers selling these products.

 

These actions are part of the Attorney General's request for retailers to stop selling ZYN in Minnesota, with the aim of preventing the sale of illegal e-cigarettes and electronic nicotine delivery systems.

 

In the letter, Ellison specifically points out that if retailers advertise, sell, or distribute e-cigarettes as imitating candy, desserts, or beverages typically marketed to minors, they will be in violation of state laws. He also requests that the contacted companies provide written confirmation that they will cease selling unauthorized products.

 

I request that you provide written confirmation that you will comply with the aforementioned laws, cease advertising, selling, or distributing unauthorized and illegal e-cigarette and nicotine pouches to consumers in Minnesota, and ensure that only FDA-approved e-cigarette and nicotine pouch products are advertised, sold, or distributed.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Nicotine analogues such as 6-methylnicotine are already appearing in e-cigarettes and oral pouches, even as key human evidence remains limited. A new Nixodine-S study adds nonclinical data showing differences from nicotine in cytotoxicity and receptor activity, while independent studies point to a more complex toxicological picture. With supply-chain activity growing and FDA seeking clearer authority over nicotine analogues, the industry now faces a larger question: what evidence is needed before these substances can credibly replace nicotine?
SCIENCE
Sep.23
JTI Liggett Puts U.S. Value Cigarette Brands in Spotlight at 2026 NACS Show
JTI Liggett Puts U.S. Value Cigarette Brands in Spotlight at 2026 NACS Show
At the 2026 NACS Show in Las Vegas, JTI Liggett highlighted its value-priced cigarette portfolio, including LD and Montego, following JT Group's acquisition of Vector Group. The company's U.S. business reported market share gains, with LD sales volume rising 32.6% in the first half of 2026. Meanwhile, Ploom was displayed separately at Altria's booth under an existing partnership. JTI Liggett booth staff told 2Firsts that the company had not yet launched nicotine pouch products in the United States.
EXPO
Oct.09
Australian Coalition Taskforce Calls for 80% Tobacco Tax Cut to Combat Illicit Market
Australian Coalition Taskforce Calls for 80% Tobacco Tax Cut to Combat Illicit Market
According to SGST on August 26, 2026, Australia’s Coalition Illegal Tobacco Taskforce released a report recommending an up to 80% cut in tobacco excise to reduce the appeal of the illicit tobacco market. The report claimed organised crime groups now control about 80% of Australia’s tobacco market and argued that high excise rates have widened the price gap between legal and illegal products. The recommendation remains a policy proposal and has not been adopted by the Australian government, which said its focus remains on enforcement, compliance and additional resources.
Aug.27
Canada Health Minister Says She Is Not Considering Looser Nicotine Pouch Retail Rules as PMI-Linked Group Pushes for Wider Access
Canada Health Minister Says She Is Not Considering Looser Nicotine Pouch Retail Rules as PMI-Linked Group Pushes for Wider Access
Canadian Health Minister Marjorie Michel says she is not considering loosening retail restrictions on nicotine pouches. Canada regulates pouches containing 4 mg or less of nicotine per unit as non-prescription nicotine replacement therapy and requires newer NRT formats such as pouches to be sold from behind pharmacy counters. Meanwhile, Unsmoke Canada, linked to Philip Morris International's Canadian business, is pushing to allow pouches in convenience stores and other general retail outlets. Health Canada also acknowledges continued unauthorized sales, while recent research shows rising pouch use among Canadian youth aged 16 to 19.
Sep.24
Australia Extends Illicit Tobacco Crackdown From Tougher Penalties to Customs and Logistics Supply Chains
Australia Extends Illicit Tobacco Crackdown From Tougher Penalties to Customs and Logistics Supply Chains
Australia's federal government introduced a new illicit tobacco enforcement bill on September 10 that would strengthen evidentiary presumptions, representative sampling, seizure and forfeiture procedures, proceeds-of-crime powers and obligations for customs and logistics operators. The proposal follows the Combatting Illicit Tobacco Act 2026, which took effect in August and increased penalties while expanding investigative and asset-recovery tools. Together, the reforms extend Australia's crackdown from tougher criminal sanctions into import, logistics and evidentiary enforcement.
Sep.14
Altria Showcases Ploom, Marlboro Heated Tobacco Sticks and Non-Nicotine Energy Products at NACS Show 2026
Altria Showcases Ploom, Marlboro Heated Tobacco Sticks and Non-Nicotine Energy Products at NACS Show 2026
At the 2026 NACS Show, Altria displayed Ploom devices alongside imagery of Marlboro-branded heated tobacco sticks, while also featuring RIOT Energy and Proper Wild non-nicotine products. The booth showcased on! PLUS nicotine pouches, including 12 mg variants not listed among FDA-authorized products as of October 9, and NJOY e-cigarettes. Altria also presented convenience-store traffic figures highlighting its retail presence. 2Firsts examines the company's expanded product portfolio, non-nicotine business activities and the regulatory status of products displayed at the show.
EXPO
Oct.10