North America: Market data & legal analysis of the nicotine sector

16th December 2024: US - District of Columbia: Attorney general Brian Schwalb has announced that Philip Morris International (PMI)’s subsidiary Swedish Match North America (SMNA) will pay $1.2m to resolve allegations that the company facilitated the sale of “tens of thousands” of flavoured Zyn nicotine pouches in the District of Columbia (DC) in violation of the 2022 flavour ban. Following the issuance of an investigative subpoena by the Office of the Attorney General, SMNA took steps to cease the sale of flavoured tobacco products in DC, including suspending all sales of Zyn products on shop.zyn.com.
12th December 2024: US - Federal: The US Food and Drug Administration (FDA) has sent the proposed Tobacco Product Standard for Nicotine Level of Combusted Cigarettes to the White House Office on Management and Budget for final review. This is the last regulatory step before issuing the final rule. The FDA said: “A proposed product standard to establish a maximum nicotine level to reduce the addictiveness of cigarettes and certain combusted tobacco products, when finalized, would be among the most impactful population-level actions in the history of US tobacco product regulation.” In 2022, the FDA announced its initial plans to reduce nicotine use, and the agency had estimated it could keep more than 33m people from becoming regular smokers.
12th December 2024: Mexico: Yesterday (11th December), the Senate passed an amendment to the constitution that expressly bans the manufacture, distribution and sale of vaping products and heating devices, press reports. This bill, which also includes a ban on fentanyl, was passed unanimously at the general vote, with opposition from just the centre-left Movimiento Ciudadano (Citizens’ Movement). At the specific vote, it was passed by 86 votes in favour and 39 against. The parties that voted against, which claim that these products should be regulated but not banned, were again Movimiento Ciudadano, the centrist PRI (Institutional Revolutionary Party) and the conservative PAN (National Action Party). This occurred one week after the amendment was passed by the Chamber of Representatives (lower house). The import and sale of vaping products and heating devices were already banned through a decree introduced by former president Andrés Manuel López Obrador in May 2022. However, some companies that appealed at court were given permission to sell them, as the ban was considered unconstitutional. With this amendment, the government aims to prevent any of these companies from selling vaping products.
9th December 2024: US - Michigan: A pair of bills have been introduced. House Bill 6235 would prohibit the advertising for sale, displaying for sale, marketing, and sale of certain nicotine and tobacco products. Senate Bill 651 would amend the Youth Tobacco Act to establish licensure requirements for nicotine and tobacco retailers. Michigan is one of only ten states that doesn’t require a retailer to have a licence to sell tobacco products.
5th December 2024: Mexico: The Chamber of Representatives has passed an amendment to the constitution that expressly bans the manufacture, distribution and sale of vaping products and heating devices. The import and sale of these products were already banned through a decree introduced by former president Andrés Manuel López Obrador in May 2022. However, some companies that appealed at court were given permission to sell them, as the ban was considered unconstitutional. With this amendment, the government aims to prevent any of these companies from selling vaping products.
2nd December 2024: US - Massachusetts: Three state senators have announced their intention to file a new bill in the 2025-26 legislative session to generationally phase out the legal sale of all tobacco and nicotine products in the state. This would replace the current age-based eligibility system with a requirement to be born before a specific date. Massachusetts won’t be the first state to have generational tobacco ban legislation introduced, but it could be the first one to see it pass. In March, the Massachusetts Supreme Court upheld a “tobacco-free generation” law passed in 2020 by the city of Brookline that bans the sale of vaping and tobacco products in Brookline to anyone born on or after 1st January 2000.
28th November 2024: US - California: The California Department of Tax and Fee Administration has released comprehensive tax guidance on tobacco products, outlining new laws that become effective on 1st January 2025. The guidance includes details on the seizure of flavoured tobacco products, the establishment of an unflavoured tobacco list, and the penalties for violations.
26th November 2024: US - Federal: The US Supreme Court has rejected hearing a tobacco industry challenge to graphic health warnings on cigarette packs and advertisements required under a 2020 US Food and Drug Administartion (FDA) rule. The court’s decision leaves in place a March ruling by the US Court of Appeals for the Fifth Circuit that upheld the FDA’s proposed warnings, finding that the warnings are “factual and uncontroversial” and do not violate the First Amendment. Previously, the FDA told TobaccoIntelligence that heated tobacco consumables are subject to the final rule. The FDA has said that it will begin enforcing the graphic warnings requirement in December 2025.
25th November 2024: US - Massachusetts: The Northampton Board of Health has approved a proposal banning the sale of nicotine pouches in convenience stores, according to local news. Starting 1st January 2025, nicotine pouches will only be able to be sold in adult-only stores. Northampton is a city with a population of around 29,000, and is the county seat of Hampshire County, which has a population of around 162,000. Whether this measure will extend to other localities remains to be seen.
20th November 2024: US - General: A class action has been filed in federal court against Swedish Match North America, subsidiary of Philip Morris International (PMI), for violation of the Sherman Antitrust Act and state antitrust laws. The complaint states that Swedish Match created a monopoly and “drove a competitor from the market until it was unable to compete in a meaningful way”, and then “agreed to an anticompetitive agreement with Philip Morris”. Among other requests, the complaint asks that the agreement between Swedish Match and Phillip Morris be declared unlawful.
18th November 2024: US - Ohio: Columbus city attorney Zach Klein is suing a tobacco retailer for alleged repeated under-age tobacco sales and sales of flavoured tobacco that violate city law. “This case exemplifies why it’s important for local health departments to monitor compliance with tobacco regulations,” said Klein. “This isn’t something we should ask law enforcement to spend limited resources on,” he added. Columbus is the capital of Ohio and has a population of more than 900,000.
15th November 2024: US - Federal: President-elect Donald Trump has nominated Robert F Kennedy Jr. for the position of secretary of the Department of Health and Human Services (HHS). This nomination will need to be confirmed by the Senate, together with the rest of Trump’s nominations of high-ranking roles. The HHS oversees the US Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), among other agencies. Both Trump and Kennedy have criticised the functioning of the FDA; Trump highlighted some aspects he’s critical of in the announcement on social media platform X.

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