Attorney General Keith Ellison sent a letter to more than 5,000 tobacco distributors and retailers today asking them to stop distributing, marketing, and selling unauthorized and illegal flavored tobacco products in Minnesota. These products include flavored e-cigarettes and flavored nicotine pouch products that have not been authorized for sale by the U.S. Food and Drug Administration (“FDA”). In the letter, Attorney General Ellison describes the harm to minors and the public at large from these products, many of which use kid-friendly flavors, including candy and dessert flavors, and youth-centric packaging and product design to entice minors, potentially starting a lifelong addiction to nicotine.
“For decades now, everyone has known the dangers nicotine poses to young people — increased risk of addiction, respiratory problems, even brain damage. Today, I’m asking Minnesota businesses to join me in protecting young people by taking unauthorized products off their shelves — particularly ones that are illegally marketed toward kids — in accordance with federal and state law,” Attorney General Ellison said.
“Our goal is voluntary compliance. Most Minnesota business owners are good people trying to do right by their communities, so I expect most will take swift action after receiving a reminder of the law,” Attorney General Ellison continued. “Any distributors or retailers that choose to defy the law and not comply, however, should know that my office has a wide range of options to ensure that they stop harming our children. I cannot and will not sit by and allow people to turn a profit by pushing toxins on our children.”
Under federal law, new tobacco products — whether they contain tobacco-derived nicotine or synthetic nicotine — must receive pre-market authorization from the FDA before they can be sold legally in the United States. As of mid-2024, the FDA has authorized only 34 e-cigarettes and 4 oral nicotine products to be sold in the United States.
In the letter, Attorney General Ellison notes that many unauthorized and illegal tobacco products on the market today include e-cigarette and oral nicotine pouch products that feature candy, fruit, or dessert flavors that are particularly appealing to minors. Teenagers and young adults who use nicotine are at risk of developing nicotine addiction, respiratory issues, and brain damage that can harm their attention, learning, mood, and impulse control. Because these products are unauthorized, they may contain other unlisted ingredients that expose users to additional harm.
Attorney General Ellison warns that the sale or distribution of unauthorized and illegal tobacco products may also violate several state Minnesota laws, including consumer-protection laws and a new law (2024 Minn. Laws Chapter 114, Art. III, §§ 50-51) that prohibits the advertising, sale, or distribution of e-cigarettes that are described or depicted as imitating candy, desserts, or beverages that are commonly marketed to minors, that imitate school supplies, or that are based on or describe characters that appeal to minors. Click here to see examples of unauthorized nicotine products.
In the letter, Attorney General Ellison asks Minnesota tobacco retailers and distributors to confirm they will comply with Minnesota law, refrain from advertising, selling, or distributing unauthorized and illegal tobacco products, and ensure that they will only advertise, sell, or distribute e-cigarettes and oral nicotine pouch products that have been authorized by the FDA.
The Attorney General additionally invites both industry and the public to report any instances of the marketing or sale of potential illegal e-cigarette or oral nicotine pouch products in Minnesota to the Attorney General’s Office in one of two ways: by emailing vaping@ag.state.mn.us or by completing the Illegal Vaping Products report form on the Attorney General’s website. These reports will help the Attorney General’s Office effectively monitor Minnesota’s marketplace and ensure businesses comply with Minnesota law.
