Market & legal data in the tobacco alternatives sector in Minnesota

2nd September 2024: US - Minnesota: Attorney general Keith Ellison has sent a letter to more than 5,000 tobacco distributors and retailers asking them to confirm they will comply with Minnesota law and stop distributing, marketing and selling unauthorised and illegal flavoured tobacco products in the state. These products include flavoured e-cigarettes and flavoured nicotine pouch products that have not been authorised for sale by the US Food and Drug Administration (FDA). In the letter, Ellison notes that many unauthorised and illegal tobacco products on the market today include e-cigarette and oral nicotine pouch products that feature candy, fruit or dessert flavours that particularly appeal to minors.
8th July 2024: US - Minnesota: Attorney general (AG) Keith Ellison has announced that he has filed a motion moving to enforce the 1998 settlement agreement with tobacco manufacturers, which detailed that tobacco companies’ marketing would be restricted and manufacturers would have to pay the state annually. The motion asks the court to order the manufacturers to pay $58m, which includes underpayments due from each annual payment since 2008 as well as interest.
28th February 2023: US - Minnesota: A US appeals court has upheld a ban on flavoured tobacco products imposed by the city of Edina. The US Court of Appeals for the Eighth Circuit ruled against the challenge filed by RJ Reynolds to an earlier ruling by a Minnesota district court that the local flavour ban did constitute a product standard but was not preempted due to the “saving clause” of the federal Tobacco Control Act (TCA). The court of appeal ruled that the TCA does not expressly or implicitly preempt a city’s prohibition on selling flavoured tobacco.

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Alternative tobacco and nicotine products in Minnesota

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