So Far in 2024, Nine Local Retailers Inspected for Underage Tobacco Sales–One Cited for Violation

FDA Issues Warning Letters to and Files Civil Money Penalty Complaints Against Retailers for Underage Sales

On April 4, FDA announced the issuance of 119 warning letters to, and the filing of 41 civil money penalty complaints against, brick and mortar retailers that engaged in the underage sale of various flavors of ZYN nicotine pouches between October 2023 and February 2024. FDA has also issued warning letters to three online retailers for the sale of unauthorized, flavored ZYN nicotine pouches, including Espressino, Black Cherry, Lemon Spritz, and Cucumber Lime.

Nicotine pouches are a type of tobacco product. The small pouches are intended to be held between the user’s lip and gum, where the nicotine is absorbed into the body. The products contain nicotine powder or nicotine salts—not cut, ground, powdered, or leaf tobacco itself—and do not require spitting.

Data from the 2023 National Youth Tobacco Survey show approximately 1.5 percent of youth reported currently using nicotine pouches, and use has remained unchanged among youth in recent years. However, FDA has received reports about the potential increased popularity of these products among youth, and the products are also a popular topic on social media among youth and social media influencers.

“Although currently available data do not show that youth use of nicotine pouches has increased, FDA remains concerned about any tobacco product that may be appealing to youth and we will continue to closely monitor youth use of these products,” said Brian King, Ph.D., M.P.H., director of FDA’s Center for Tobacco Products. “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.”