- The Washington Times - Wednesday, January 24, 2024

Senate Majority Leader Charles E. Schumer is calling for a crackdown on Zyn nicotine pouches, sparking a feverish backlash from Republicans who say it is an example of nanny state governance.

Mr. Schumer, New York Democrat, said Zyn is a “pouch packed with problems — high levels of nicotine.”

“I’m delivering a warning to parents because these nicotine pouches seem to lock their sights on young kids, teenagers and even lower, and then use the social media to hook them,” Mr. Schumer said at a press conference.

He urged the Federal Trade Commission and the Food and Drug Administration to investigate how the products are marketed.

Mr. Schumer issued his warning Sunday, but the message blew up by midweek, with young fans of the product saying the senator kicked a hornet’s nest by targeting the popular item, which delivers a straight hit of extracted nicotine but does not include tobacco.

Republicans saw a political opportunity.

“Come and take it, Chuck,” Sen. Thom Tillis, North Carolina Republican, posted on X with a picture of a Zyn container.

Other Republican lawmakers said congressional leaders should be focused on securing the border and stopping fentanyl.

The National Republican Senatorial Committee piled on, pointing to President Biden’s parallel proposal to ban menthol cigarettes.

“The nanny state is alive and well with today’s Democrat Party,” it wrote on social media.

Zyn is sold in round containers in both flavored and unflavored varieties. Each container has multiple pouches that are placed between the gum and upper lip to deliver a hit of nicotine.

Critics of Zyn say it can get young people hooked on nicotine and serve as a gateway to cigarettes and vaping. Others, however, say Zyn can help people wean off more harmful products, such as cigarettes.

Philip Morris International stressed this aspect when it announced in 2022 that it had purchased a 93% stake in Swedish Match, which makes Zyn.

“PMI and Swedish Match share a mutual vision of a smoke-free world, and a firm commitment to developing, scientifically substantiating, and responsibly commercializing smoke-free products that are a better alternative to cigarettes,” the company said.

The company responded to Mr. Schumer’s complaints by saying both PMI and Swedish Match “fully meet and exceed the regulations governing the industry.”

“Our marketing practices — which prohibit the use of social media influencers — are focused on preventing underage access and set the benchmark for the industry,” the company said. “Real-world evidence shows this approach is working: the latest data from the Centers for Disease Control and Prevention and the FDA show oral nicotine pouch use by those under the legal age remains exceptionally low.”

It was referring to a federal tobacco survey of high school and middle school students that found only 1.5% of students reported using a nicotine pouch in 2023, compared to 7.7% who reported vaping.

Yet Mr. Schumer and medical experts say the pouches pose a threat to any young user.

“Early dependence on nicotine during adolescence causes issues with learning, attention spans — proneness to addiction while the brain is in development,” family physician Dr. Mike Varshavski said at Mr. Schumer’s event.

Proposals to limit access to nicotine, tobacco and vaping products have bedeviled multiple administrations. Policymakers often fret about the impact on children, saying strides in cutting smoking rates could be imperiled by new products marketed to kids.

But elected officials also worry about alienating key voters who use the products, or opening the door to unregulated products on the black market.

Then-President Donald Trump openly worried about “street corner” sales during a 2019 White House debate on vaping between industry and public health officials.

The Biden administration, meanwhile, risks upsetting Black voters with its proposal to ban menthol cigarettes. Polling suggests the proposed ban is unpopular with Black voters, who are crucial to the Democratic base and have the highest percentage of menthol cigarette use among all racial and ethnic groups.

The FDA issued a rule to ban menthol cigarettes in 2022. The agency hasn’t promulgated the actual ban, meaning it could be delayed until after the election.

• Tom Howell Jr. can be reached at thowell@washingtontimes.com.

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