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

U.S. Appeals Court Says BAT Must Face Class Action Over Cigarette Labels
U.S. Appeals Court Says BAT Must Face Class Action Over Cigarette Labels
A U.S. appeals court ruled that British American Tobacco (BAT) must continue facing a consumer class action lawsuit over cigarette labels. The ruling allows the case to proceed but does not determine that BAT violated the law or is liable for damages. The case highlights ongoing legal risks facing major tobacco companies related to product labeling, consumer disclosures and product liability claims.
Jul.31
2Firsts Data | China’s U.S. Vape Exports Have Yet to Regain Previous Growth Momentum in H1 2026, but Hardware Grew 15.2% and 6-Methyl Nicotine-Related Products Rose 234.7%
2Firsts Data | China’s U.S. Vape Exports Have Yet to Regain Previous Growth Momentum in H1 2026, but Hardware Grew 15.2% and 6-Methyl Nicotine-Related Products Rose 234.7%
China’s vape exports to the U.S. reached approximately $1.58 billion in the first half of 2026, remaining broadly stable from a year earlier but still below previous growth momentum. 2Firsts’ analysis of China Customs data shows that the U.S. market has not simply returned to its previous trajectory after the enforcement shock and inventory-driven swings of 2025. Instead, export momentum is shifting across product categories. Vaping devices and atomization hardware increased 15.2% year over year, while 6-methyl nicotine-related and other nicotine substitute products surged 234.7%. Meanwhile, traditional nicotine-containing vaping products continued to face pressure.
Jul.22
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
EU Trade Department Faces Scrutiny Over Contacts With Tobacco Industry
EU Trade Department Faces Scrutiny Over Contacts With Tobacco Industry
European Ombudswoman Teresa Anjinho has opened an inquiry into how the European Commission’s Directorate-General for Trade handles interactions with the tobacco industry. The case follows a complaint from a civil society organisation that alleges regular, unnecessary and non-transparent contacts between DG TRADE and tobacco industry representatives, raising questions over compliance with the EU’s obligations under the WHO Framework Convention on Tobacco Control. The inquiry remains ongoing, and the Ombudswoman has not reached any finding of maladministration.
Aug.24
Yinghe-Controlled Vape Maker SKE Ordered to Post £569,039 Security as It Pursues Crystal Bar Design Infringement Case in UK
Yinghe-Controlled Vape Maker SKE Ordered to Post £569,039 Security as It Pursues Crystal Bar Design Infringement Case in UK
The UK High Court has ordered Chinese vape manufacturer Shenzhen SKE Technology to provide £569,039 ($776,000) in security for costs in its design infringement proceedings against Vapepen London and other defendants over its Crystal Bar vape product. The court did not accept the defendants’ main argument that recovering costs from a China-based company would face significant enforcement obstacles, but found that SKE had not sufficiently disclosed its own financial position. The order is procedural and does not determine the underlying infringement claims.
News
Aug.21
Product | R.J. Reynolds Launches Four Flavored Vuse Pro Pods for Vuse Alto Devices in U.S.
Product | R.J. Reynolds Launches Four Flavored Vuse Pro Pods for Vuse Alto Devices in U.S.
R.J. Reynolds Vapor Company has introduced Vuse Pro prefilled pods in Peach, Berry, Watermelon and Fresh Mint in selected U.S. states. Vuse’s U.S. website says the pods are intended for use with existing Vuse Alto devices. Each contains 2.0 mL of e-liquid at 5.0% nicotine by weight, uses nicotine salts and is offered in two- and four-pod packs. Reynolds said the rollout includes mandatory ID scanning for every purchase, purchase limits, stronger retailer-accountability requirements and strict age-restricted marketing standards. The four pods have not received marketing authorization from the U.S. Food and Drug Administration.
Sep.10