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.
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