US FDA issues warning letters to retailers against underage sale of ZYN nicotine pouches

[April 05, 2024]  (Reuters) - The U.S. Food and Drug Administration on Thursday said it had issued warning letters and filed civil money penalty complaints against retailers engaged in underage sale of various flavors of ZYN nicotine pouches.

The FDA said it had issued 119 warning letters to brick-and-mortar retailers and had filed 41 civil money penalty complaints seeking more than $55,000 in total for underage sales of flavored ZYN nicotine pouches, including espressino, black cherry, lemon spritz, and cucumber lime.

ZYN nicotine pouches are manufactured by Swedish Match, which is owned by Marlboro maker Philip Morris International. PMI claims that the pouches do not contain tobacco and are inherently smoke-free.

PMI did not immediately respond for a request for comment.

The FDA said it was illegal for any retailer to sell any tobacco product - including cigarettes, e-cigarettes, cigars, and nicotine pouches — to anyone under the age of 21. The agency added that nicotine pouches were a type of tobacco product.

"There is no excuse for selling tobacco products to any underage person, and FDA will hold retailers accountable for those violations—especially those who continue to do so after being warned," said Brian King, director of the FDA's Center for Tobacco Products.

Cans of tobacco group Swedish Match's ZYN-branded tobacco-free nicotine pouches are seen on display at the company's concept store in Stockholm, Sweden October 24, 2018. Picture taken October 24, 2018. REUTERS/Anna Ringstrom/File Photo

New tobacco products to be legally marketed in the United States must receive an authorization, the FDA said, adding that to date, it had authorized only four oral tobacco products.

As of April, the FDA had not authorized any ZYN product for sale in the United States, it said.

(Reporting by Granth Vanaik in Bengaluru; Editing by Maju Samuel)

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