In April 2022, the FDA submitted rules to restrict the manufacturing, distribution, and sale of menthol-flavored cigarettes—15 years after the Family Smoking Prevention and Tobacco Control Act was passed in 2009 (FDA). This important act banned all flavored cigarettes, except for menthol, which has disproportionately impacted vulnerable populations, particularly Black Americans (FDA, 2022). Despite the potential health benefits of the ban, the new administration has decided to withdraw the rule (CNN, 2025).

So, what does this mean for health equity and the fight against menthol? While this may seem like a setback, the good news is: we can still make a difference. Advocacy remains one of the most powerful tools in protecting vulnerable communities from the tobacco industry's targeted marketing. Here's how you can help:

1. Join Local Coalitions

Groups like the New Mexico Allied Council on Tobacco are at the forefront of nicotine use prevention and health equity efforts. By joining these coalitions, you’ll stay up-to-date on statewide efforts, events, and legislative changes that impact our communities.

2. Volunteer with Public Health Organizations

Organizations like the No Minor Sale campaign, American Lung Association, and American Heart Association need your help to spread awareness about menthol as a health equity issue. Whether it’s advocating for policy changes, engaging local officials, or educating youth about the dangers of nicotine products, your involvement can make a huge difference.

To learn more about how you can help as a No Minor Sale adult volunteer, visit NoMinorSale.com/Take-Action.

References

FDA. (n.d). Family Smoking Prevention and Tobacco Control Act - An Overview. Retrieved from https://www.fda.gov/tobacco-products/rules-regulations-and-guidance-related-tobacco-products/family-smoking-prevention-and-tobacco-control-act-overview

 FDA. (2022, April 8). FDA Proposes Rules Prohibiting Menthol Cigarettes and Flavored Cigars to Prevent Youth Initiation, Significantly Reduce Tobacco-Related Disease and Death. Retrieved from https://www.fda.gov/news-events/press-announcements/fda-proposes-rules-prohibiting-menthol-cigarettes-and-flavored-cigars-prevent-youth-initiation 

 CNN. (2025, January 24). Trump administration withdraws proposed menthol ban. Retrieved from https://www.fda.gov/news-events/press-announcements/fda-proposes-rules-prohibiting-menthol-cigarettes-and-flavored-cigars-prevent-youth-initiation

The recent surge in the popularity and demand for nicotine pouches has raised concerns among nicotine use prevention advocates across the country. As e-cigarette use begins to decline, the tobacco industry has shifted its marketing focus to nicotine pouches. First introduced to the U.S. market in 2014, these products have seen a significant rise in sales over the past five years (NikoKick, 2024). But what exactly are nicotine pouches, and why are they becoming a cause for concern?

What Are Nicotine Pouches?

Nicotine pouches are small, rectangular packets that contain 3 to 13 mg of synthetically or naturally derived nicotine. Each tin typically contains 15 to 20 pouches, which are available in a variety of flavors (Yale Medicine, 2024).

Why Are Nicotine Pouches Concerning?

One major concern is that products like Zyn, a leading brand, may appeal to young people and individuals who have never smoked or used tobacco. Zyn, like many other products aimed at youth, is available in a wide range of flavors. The pouches are discreetly placed between the upper lip and gum, making them difficult to detect once inserted. This ease of concealment may make them especially appealing to teens and young adults (Truth Initiative, 2024).

Additionally, nicotine is highly addictive, and its use can have serious consequences, especially for developing brains. It disrupts the formation of brain circuits that control attention, learning, and susceptibility to addiction, with long-term effects that can impact cognitive and emotional development (Medical News Today, 2021).

Why Has Zyn Gained Popularity?

• Social Media Influence: Zyn has gained traction on platforms like TikTok, where influencers, known as "Zynfluencers," promote the product through sponsored content.

• Smokeless and Spit-Free: Unlike traditional cigarettes or vapes, nicotine pouches like Zyn are smokeless, odorless, and spit-free. This makes them more convenient to use and easier to conceal.

• Alternative to Smoking or Vaping: Many young people have turned to nicotine pouches as an alternative to smoking or vaping, citing their ease of use and discretion (NPR, 2024).

• Tobacco Industry Marketing: With the decline in smoking and vaping, the tobacco industry is investing heavily in nicotine pouches to attract new users. Philip Morris International has committed over $800 million to expand Zyn production in response to growing demand (Truth Initiative, 2024). According to the National Youth Tobacco Survey (NYTS), nearly half a million students are currently using nicotine pouches, with Zyn being the most popular brand. This number is steadily increasing (FDA, 2024).

How Can We Protect Youth?

To prevent further youth exposure to these products, it is crucial to continue education on the dangers of nicotine use, particularly its impact on developing bodies and brains. Educating young people, community members, and policymakers is key to keeping these products out of the hands of minors.

To learn more about how you can help, visit NoMinorSale.com/Take-Action.

References

NicoKick. (2023, June 13). The History of Nicotine Pouches. NicoKick. Retrieved from https://nicokick.com/us/pouch-perfect/news/brief-history-of-nicotine-pouches

Yale Medicine. (2024, July 22). What Parents Should Know About Nicotine Pouches. Yale Medicine. Retrieved from https://www.yalemedicine.org/news/nicotine-pouches

Truth Initiative. (2024, September 18). Philip Morris International to Invest Over $800 Million in Nicotine Pouches. Truth Initiative. Retrieved from https://truthinitiative.org/research-resources/emerging-tobacco-products/philip-morris-international-invest-over-800-million?utm_source=Truth+Initiative+Mailing+List&utm_campaign=1045ca3546-Newsletter_2024_09_18&utm_medium=email&utm_term=0_-1045ca3546-%5BLIST_EMAIL_ID%5D

Medical News Today. (2023, July 1). Effects of smoking on the brain. Retrieved from https://www.medicalnewstoday.com/articles/smoking-effects-on-the-brain 

NPR. (2024, August 21). What's Zyn, and why there was a shortage this summer. NPR. Retrieved from https://www.npr.org/2024/08/21/nx-s1-5068090/what-is-zyn-nicotine-pouches-fda

U.S. Food and Drug Administration. (2024). 2024 Findings on Youth Tobacco Use. U.S. Food and Drug Administration. Retrieved from https://www.fda.gov/tobacco-products/youth-and-tobacco/results-annual-national-youth-tobacco-survey#2024%20Findings%20on%20Youth%20Tobacco%20Use

Each legislative session, No Minor Sale, alongside Evolvement youth advocates and adult volunteers, participates in a Day at the Capitol to educate state legislators about critical issues in nicotine use prevention. Our goal is to reduce the illegal sale of nicotine products to minors, and we believe the most effective way to do this is by advocating for stronger laws that protect youth. Here’s what to watch for this session:

Registry Bills

Registry bills create a state-managed public list for e-cigarette products, requiring manufacturers to submit products for approval to be legally sold, as long as they provide proof of at least a Pre-Market Tobacco Application (PMTA) to the FDA. The product does not need FDA approval, meaning many unapproved products could still enter the market due to the FDA’s backlog.

• Pros: Could reduce the sale of illegal nicotine products, including those from foreign manufacturers without PMTAs. If implemented correctly (e.g., as in San Francisco), this could limit sales to only FDA-authorized products.

• Cons: Requires significant resources for enforcement, including monitoring manufacturers, distributors, and retailers. It could divert funds from existing tobacco retailer licensing efforts (such as inspections and compliance checks) and may not fully protect youth from flavored nicotine products (Public Health Law Center, 2024).

Tax Increase Bills

Proposals to increase tobacco taxes aim to reduce nicotine product consumption. Taxes can be levied on manufacturers (excise taxes) or directly on consumers (sales taxes).

• Pros: Evidence shows that increased taxes reduce nicotine use—by 4% in adults and 7% in youth—while boosting state revenue. This can help fund public health initiatives and reduce tobacco-related healthcare costs (Campaign for Tobacco-Free Kids).

• Cons: Nicotine’s addictive nature means that many consumers will continue purchasing nicotine products, even with higher costs (Investopedia, 2021).

Flavor Restriction Bills

In 2009, the FDA banned flavored combustible cigarettes (except menthol) under the Family Smoking Prevention and Tobacco Control Act. Since then, several states and local governments have restricted the sale of some or all flavored nicotine products to prevent youth access (Campaign for Tobacco Free Kids, 2024). This aims to protect developing brains from nicotine dependence (American Cancer Society).

• Pros: Restricting flavored nicotine could significantly reduce youth use, as nearly 90% of young e-cigarette users report using flavors like fruit, candy, desserts, other sweets, mint, and menthol (FDA). 

• Cons: A shift to non-flavored products may occur, particularly among adults (PubMed Central, 2023).

References

Public Health Law Center. (2024, February 1). State E-Cigarette Registry Bills and What to Make of Them. Public Health Law Center. Retrieved from https://www.publichealthlawcenter.org/commentary/240201/2/1/24-state-e-cigarette-registry-bills-and-what-make-them

Investopedia. (2021, February 28). Tobacco Tax/Cigarette Tax: Meaning, Limitations, Pros and Cons. Investopedia. Retrieved from https://www.investopedia.com/terms/t/tobacco-tax.asp

Campaign for Tobacco-Free Kids. (n.d.). U.S State Tobacco Taxes. Campaign for Tobacco-Free Kids. Retrieved from https://www.tobaccofreekids.org/what-we-do/us/state-tobacco-taxes

American Cancer Society. (n.d.). Why People Start Smoking and Why It’s Hard to Stop. American Cancer Society. Retrieved from https://www.cancer.org/cancer/risk-prevention/tobacco/why-people-start-using-tobacco.html#:~:text=But%20the%20younger%20you%20are,tobacco%20started%20before%20age%2018.

FDA. (n.d.) 2024 Findings on Youth Tobacco Use. Retrieved from https://www.fda.gov/tobacco-products/youth-and-tobacco/results-annual-national-youth-tobacco-survey. 

Campaign for Tobacco-Free Kids. (2024). States And Localities That Have Restricted The Sale Of Flavored Tobacco Products. Campaign for Tobacco-Free Kids. Retrieved from https://assets.tobaccofreekids.org/factsheets/0398.pdf

PubMed Central. (2023, May 21). The impact of flavored e-cigarette bans on e-cigarette use in three US states. Retrieved from https://pmc.ncbi.nlm.nih.gov/articles/PMC10246123/