Attorney General Keith Ellison has issued a letter to over 5,000 tobacco distributors and retailers in Minnesota, urging them to cease the distribution, marketing, and sale of unauthorized flavored tobacco products. These products include flavored e-cigarettes and nicotine pouches that have not received authorization from the U.S. Food and Drug Administration (FDA).
In his letter, Attorney General Ellison highlighted the risks these products pose to minors, noting their use of flavors such as candy and desserts that appeal to young people. He emphasized the potential for these products to initiate lifelong nicotine addiction among minors.
“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 stated.
He further noted that while he expects most business owners will comply voluntarily after receiving this reminder of the law, his office is prepared to take action against those who do not. “Any distributors or retailers that choose to defy the law and not comply 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,” he added.
Federal law mandates that new tobacco products must receive pre-market authorization from the FDA before being sold legally in the United States. As of mid-2024, only 34 e-cigarettes and four oral nicotine products have been authorized for sale.
Ellison's letter also addressed concerns about unauthorized tobacco products featuring flavors attractive to minors. He warned that selling or distributing such products might violate several Minnesota laws, including consumer-protection laws and recent legislation prohibiting certain types of advertising aimed at minors.
The Attorney General requested confirmation from retailers and distributors regarding their compliance with Minnesota law. He also invited reports from both industry members and the public about any illegal marketing or sales activities related to e-cigarettes or nicotine pouches through email or an online report form.
Minnesota has a history of legal actions against tobacco companies. In 1994, Attorney General Skip Humphrey filed a lawsuit against Big Tobacco leading to a settlement in 1998 worth $6.5 billion for Minnesota. More recently, in December 2019, Attorney General Ellison sued Juul for its youth-oriented marketing practices which resulted in a $60.5 million settlement with Juul and Altria in April 2023.
The settlement funds are directed towards preventing youth smoking through programs administered by the Minnesota Department of Health.
For individuals seeking help quitting nicotine use, free resources are available through programs like My Life, My Quit for teens aged 13-17 and Quit Partner for adults.
Contact information for further assistance is provided on the official website of the Office of Minnesota Attorney General Keith Ellison.
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