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

South Korea Rejects 16 Trillion Won Tax-Evasion Claim Over Chinese Synthetic Nicotine
South Korea Rejects 16 Trillion Won Tax-Evasion Claim Over Chinese Synthetic Nicotine
The South Korean government rejected allegations that Chinese synthetic-nicotine e-liquids were linked to about 16 trillion won in tobacco tax evasion, saying China does not ban synthetic nicotine exports and the estimate is difficult to verify, while acknowledging that pre-law synthetic-nicotine inventory is effectively difficult to tax.
Market
Jun.25
2Firsts Hosts U.S. Compliance Briefing on Building PMTA Support Capabilities Across the Nicotine Supply Chain
2Firsts Hosts U.S. Compliance Briefing on Building PMTA Support Capabilities Across the Nicotine Supply Chain
2Firsts held a U.S. compliance briefing in Shenzhen to help vaping, heated tobacco and nicotine pouch supply chain companies strengthen PMTA support capabilities. The event focused on supplier documentation, quality systems, traceability, TPMF/TPMP pathways, age verification and customer audit readiness as U.S. compliance expectations increasingly extend deeper into the nicotine supply chain.
Events
Jun.12
State Registries Are Reshaping U.S. Vape Market Access 2Firsts Interview with U.S. Vapor Manufacturers Association President Allison Boughner
State Registries Are Reshaping U.S. Vape Market Access 2Firsts Interview with U.S. Vapor Manufacturers Association President Allison Boughner
As the U.S. vapor market faces FDA authorizations, import seizures and growing state-level restrictions, AVM President Allison Boughner told 2Firsts that state product registries and white-list systems are having the most immediate impact. She said distributors are placing greater weight on documentation, product origin and supply-chain transparency.
Special Report
May.26
FDA Foreign Tobacco Registration Proposal Could Strengthen ENDS Import Oversight, Azim Chowdhury Says
FDA Foreign Tobacco Registration Proposal Could Strengthen ENDS Import Oversight, Azim Chowdhury Says
FDA’s proposed rule requiring foreign tobacco manufacturers to register establishments and list products is more than routine paperwork, Keller and Heckman LLP partner Azim Chowdhury told 2Firsts. He said it could strengthen FDA’s import enforcement, inspections and market surveillance. Chinese e-cigarette OEM/ODM manufacturers, specification developers, brand owners and component suppliers may need to review their roles, product data and U.S. market authorization status.
Special Report
Jun.29
Oral Thin-Film Technology Firm CTT Pharma Eyes U.S. Nicotine Product Trials
Oral Thin-Film Technology Firm CTT Pharma Eyes U.S. Nicotine Product Trials
CTT Pharmaceutical Holdings said it has signed a letter of intent with a U.S. company to conduct clinical trials and testing for several potential nicotine products using its patented oral thin-film technology.
Jun.18
Product | Geek Bar BURJ 80K Extends High-Puff Competition Into Hookah-Style DTL Use
Product | Geek Bar BURJ 80K Extends High-Puff Competition Into Hookah-Style DTL Use
2Firsts has noted that Geek Bar has added BURJ to its official product portfolio under the E-HOOKAH category. Public information shows that BURJ 80K is a hookah-style disposable vape featuring a 25ml e-liquid capacity, a 1500mAh battery, 0.4Ω dual coils and three operating modes: ECO, Regular and Pulse. According to publicly available product information, the device is rated for up to 80,000 puffs in ECO mode and uses a nicotine strength of 0.5% (5mg/ml).
Market
May.29