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

Product | BAT Japan Launches virto Bright Peach Click in Japan, Expanding glo Hilo’s Capsule-Based Flavor Portfolio
Product | BAT Japan Launches virto Bright Peach Click in Japan, Expanding glo Hilo’s Capsule-Based Flavor Portfolio
British American Tobacco Japan (BAT Japan) has introduced virto Bright Peach Click, a new heated tobacco stick designed for the glo Hilo system. The product expands the existing virto consumable lineup with a combination of tobacco, menthol and ripe peach flavors, featuring a capsule mechanism that releases additional fruit flavor when activated. The product launched in Japan on July 27, 2026, through glo official online channels, convenience stores and tobacco retailers.
Aug.03
Gallup Tracks Nicotine Pouch Use for the First Time: 11% of U.S. Adults Smoke, 9% Vape and 4% Use Nicotine Pouches
Gallup Tracks Nicotine Pouch Use for the First Time: 11% of U.S. Adults Smoke, 9% Vape and 4% Use Nicotine Pouches
Gallup’s 2026 Consumption Habits survey tracked nicotine pouch use for the first time. The survey found that 11% of U.S. adults reported smoking cigarettes in the past week, 9% reported vaping, and 4% reported using nicotine pouches. Cigarette smoking remained near Gallup’s long-term low, while adult vaping rates stayed relatively stable in recent years.
Market
Aug.25 by 2Firsts Perspectives
FDA Authorizes Four More Nicotine Pouches as Review Pilot Expands Beyond Initial Decisions
FDA Authorizes Four More Nicotine Pouches as Review Pilot Expands Beyond Initial Decisions
The FDA has authorized four additional on! nicotine pouches, bringing the U.S. total to 30. The decision marks another outcome of the agency’s nicotine pouch review pilot, whose communication and review practices are now being applied more broadly across the category. It also extends Helix’s authorized portfolio from on! PLUS to the earlier on! line. Yet all FDA-authorized nicotine pouches still come from subsidiaries of PMI or Altria, underscoring how concentrated U.S. regulatory access remains.
Aug.05
Virginia Tightens Vape and Tobacco Retail Enforcement, With Fines Up to $15,000 Per Unlisted Product
Virginia Tightens Vape and Tobacco Retail Enforcement, With Fines Up to $15,000 Per Unlisted Product
A new Virginia law that took effect on July 1, 2026, requires retailers to obtain permits to sell liquid nicotine, vape and tobacco products, while directing Virginia ABC to conduct inspections and verify that stores sell only products listed in the state directory.
Jul.20
UK PM Andy Burnham Shifts Business Rates Policy, Supporting Hospitality While Raising Pressure on Vape Shops
UK PM Andy Burnham Shifts Business Rates Policy, Supporting Hospitality While Raising Pressure on Vape Shops
UK Prime Minister Andy Burnham’s government is adjusting business rates policy to support hospitality businesses while some other sectors, including vape retailers, face higher operating cost pressures. According to Streamline Feed, AJ Bell and other reports, the policy shift reflects a redistribution of business rate burdens as the government seeks to support sectors facing economic pressure. For UK vape shops, the change comes amid a broader regulatory environment shaped by the disposable vape ban, the upcoming Vaping Products Duty and increased compliance requirements.
News
Jul.24
Data|China’s January-May 2026 Device Exports Rise 13% While Nicotine Product Exports Decline 6.9%
Data|China’s January-May 2026 Device Exports Rise 13% While Nicotine Product Exports Decline 6.9%
According to China Customs export data analyzed by 2Firsts, China’s vape export mix continued to evolve during January-May 2026. Exports of electronic vaporisation devices (HS 85434000) increased 13.00% year on year, supported by growth in both shipment volume and average export prices. Meanwhile, exports of nicotine-containing non-combustible products (HS 24041200) declined 6.89%, with lower shipment volumes partly offset by higher average export prices.
Special Report
Jun.30