Minnesota Attorney General calls for suspension of sales of illegal e-cigarettes and nicotine bags, affecting ZYN and GEEK BAR

Minnesota Attorney General calls for suspension of sales of illegal e-cigarettes and nicotine bags, affecting ZYN and GEEK BAR

Minnesota Attorney General Keith Ellison asked retailers across the state to immediately stop selling e-cigarette and nicotine pouch products that are not authorized by the FDA, naming brands such as GEEK BAR and ZYN, and warned that violators will face legal consequences.

 

According to Alpha News recently, Keith Ellison, a Democratic Attorney General of Minnesota, displayed a series of banned products at a press conference, including e-cigarette brands GEEK BAR and ZYN nicotine pouches.

 

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

 

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

 

ZYN nicotine pouches are not currently authorized by the FDA.

 

In his letter to retailers, Elyson wrote, "As of June 2024, the FDA has authorized the sale of only 34 e-cigarette products and four oral nicotine products (none of which are nicotine pouches)." Alpha News contacted Elyson's office several times to confirm whether the Attorney General instructed Minnesota retailers to stop selling ZYN, but the Attorney General's Office refused to respond on various platforms. The media also asked what actions Elyson's office would take against companies that continue to sell ZYN, but a spokesperson for the Attorney General's Office did not answer. E-cigarette media Vaping360 said that Elyson's office did not have the correct facts. "It is not entirely true that Elyson claims in his letter that sellers of e-cigarettes and nicotine pouches that are not authorized by the FDA are violating the Federal Food, Drug, and Cosmetic Act."

 

"The FDA does not seek to enforce these regulations against manufacturers whose products are under review or whose marketing denial orders (MDOs) have been suspended or overturned by federal courts."

 

"If Elyson is right, then manufacturers currently selling Joy e-cigarettes or ZYN nicotine pouches should face prosecution - even if these products are still under review by the FDA and the FDA itself has not taken action against distributors or retailers selling these products."

 

The actions are part of the attorney general's request that retailers stop selling ZYN in Minnesota, which is also intended to prevent the sale of illegal e-cigarettes and electronic nicotine delivery systems.

 

Elyson specifically stated in his letter that retailers would be violating state law if they "advertise, sell, or distribute e-cigarettes that are portrayed as imitating candy, desserts, or beverages that are commonly marketed to minors," and he also asked for "written confirmation" from the contacted businesses that they would stop selling "unauthorized" products.

 

"I am asking you to confirm in writing that you will comply with the above laws by ceasing the advertising, sale, or distribution of unauthorized and illegal e-cigarettes and nicotine pouches to Minnesota consumers and ensuring that only FDA-approved e-cigarette and nicotine pouch products are advertised, sold, or distributed."