MN AG Warns Tobacco Retailers Not to Sell Unapproved & Illegal Products

Minnesota Attorney General Keith Ellison sent a letter to more than 5,000 tobacco distributors and retailers Thursday, asking them to stop distributing, marketing, and selling unauthorized and illegal flavored tobacco products in Minnesota, including flavored e-cigarettes and nicotine pouch products that have not been authorized for sale by the U.S. Food and Drug Administration under federal law.

New tobacco products, whether they contain tobacco-derived or synthetic nicotine, must receive authorization from the FDA before they can be sold legally in the United States. As of May 2024, the FDA has only authorized the sale of 38 e-cigarettes or oral nicotine products.

Ellison noted that many of these products feature candy fruit or dessert flavors that can be appealing to minors. He warns that the sale or distribution of unauthorized and illegal tobacco products violates several state Minnesota laws, including consumer protection laws and a new law that prohibits the advertising sale or distribution of e-cigarettes that are described as imitating products or characters that are commonly marketed toward minors, or any that imitate school supplies.

Ellison is asking 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.