Tag: Zyn

  • California Firm Sues Zyn Makers

    California Firm Sues Zyn Makers

    Tobacco Reporter archives

    A law group in California has filed a lawsuit against Philip Morris in the state’s Southern District. The Schmidt National Law Group claims that the maker of Zyn is targeting children and young adults with its flavored nicotine pouches.

    “Now comes along Zyn the chewing gum, and the common denominator of all these nicotine delivery systems is as far as targeting towards kids, and I’m talking about kids, middle school, high school, younger and younger,” said Martin Schmidt, managing attorney at The Schmidt National Law Group.

    Although a person must be at least 21 years old to purchase the product legally, Schmidt says it is very accessible to people younger than 21. The class action lawsuit seeks “damages” from Philip Morris and Schmidt said he would like stricter limits on access to the product, according to media reports.

    The case could take years to work its way through the litigation process, according to Schmidt.

  • Show Them the Numbers

    Show Them the Numbers

    By Neil McKeganey and Andrea Patton

    To prevent nicotine pouches from being legislated out of the market, manufacturers must demonstrate the extent to which they are benefiting adult smokers, and quantify underage usage.

    By Neil McKeganey and Andrea Patton

    As tobacco companies seek to market lower harm alternatives to combustible cigarettes, there is one issue that is seriously undermining those efforts—youth use of their products. If you were in any doubt as to the scale of the threat that youth use of tobacco products represents for manufacturers, think Juul, Puff Bar, Elf Bar and disposable e-cigarettes in general. And now, critics of the tobacco industry have a new product in their sight. Fresh from their success in calling for the banning of disposable e-cigarettes, they are shifting attention to nicotine pouches with an increasingly familiar playbook of media alarm, political pronouncements and regulatory action.

    The widest-selling nicotine pouch product in the U.S. is Philip Morris International’s Zyn, which grew in sales from 126 million units in 2019 to 808 million units by March 2022 (Majmundar et al. 2022). Accounting for 58 percent of the U.S. nicotine pouch market, Zyn has become a key part of PMI’s next-generation nicotine product range. It is also a product that has not had to work hard to find its critics.

    Zyn is “a pouch packed with problems,” according to Senator Chuck Schumer. “These nicotine pouches seem to lock their sights on young kids—teenagers, and even lower—and then use the social media to hook them,” the senator said. Alongside Schumer’s dire warnings of a future in which young Americans are increasingly dependent on oral nicotine products, there has been a torrent of media articles casting Zyn as a major new threat to U.S. youth. In a New York Times article published at the start of the year, Emily Dreyfuss opened parents’ eyes to a world of “Zynfluencers”—social media personalities assiduously promoting oral nicotine products such as Zyn to their followers. Dreyfuss has called for age-gated advertising restrictions to limit young peoples’ exposure to “Zynfluencer” activities.

    In contrast to the often hysterical tone of the media reporting on underage use of nicotine pouches, the National Youth Tobacco Survey (NYTS) estimated that in 2023, 1.5 percent of U.S. middle school and high school students had used oral nicotine pouches in the past 30 days. Likewise, the 2023 Tobacco Product Prevalence Study (TPPS) undertaken by the Centre for Substance Use Research (CSUR) in Scotland estimated that 1.7 percent of 13-year-olds to 20-year-olds in the U.S. had used a nicotine pouch in the past 30 days.

    While the NYTS data relates to the category of oral nicotine pouch use, rather than Zyn in particular, the TPPS also quantifies the prevalence of underage use of Zyn and other tobacco products and devices, with 0.5 percent of 13-year-olds to 20-year-olds in the U.S. reporting past-30-day use of Zyn. Neither the NYTS nor the TPPS are detecting epidemic levels of oral nicotine pouch use among young people in the U.S. TPPS estimates show further that Zyn use is infrequent, with 70.8 percent of underage past-30-day pouch users reporting use on between one day and five days of the past 30 days.

    If most U.S. Zyn sales, and subsequent use, are among those aged over 21, the possibility exists that these products may be helping adult smokers to switch from combustible to noncombustible tobacco products. Despite this, the U.S. Truth Initiative has called for a nationwide ban of Zyn.  

    In the face of such calls, it will be inadequate for the industry to stress that these products are intended solely for adult smokers as an alternative to combustibles. The problem facing PMI and other oral nicotine product manufacturers is how to respond to claims of widespread use of their products by young people.

    There are two things that companies must do if they are to stand any chance of keeping their products on the market. The first is to show the extent to which these products are benefiting adults who smoke. The data required here involves showing the impact of an oral nicotine product such as Zyn on an adult smoker’s ability to completely switch away from smoking or to substantially reduce their use of combustible cigarettes over a six-month to 12-month period.

    Secondly, companies must quantify the extent to which their oral nicotine products are indeed being used by those below age 21. The CSUR’s Tobacco Product Prevalence Study is the only national probability-based study that collects data on a range of individual tobacco products among both adults and youth within the U.S. and provides timely estimates of use. As such, it can help manufacturers present important data to regulators on the actual extent of youth use of their products.

    Unless the industry assembles the evidence with which to respond to political and media commentators’ calls to ban oral nicotine products, these companies are going to face an increasingly difficult future. The calls to ban oral nicotine products, in the absence of data showing how widely specific products and devices are being used by youth, provides an indication of just how influential a coordinated campaign against a specific product or category of products can be. It is ironic that many of those calling for such bans, no doubt motivated by a commitment to public health, find themselves advocating for legislation that will narrow rather than expand the routes out of smoking.

  • PMI Sued Over Zyn

    PMI Sued Over Zyn

    Photo: PMI

    In the first major legal challenge to oral nicotine pouches, a consumer has sued Philip Morris International over its popular Zyn brand, saying the product is addictive and harmful to young people, reports BNN Bloomberg.

    The plaintiff, Bailey Wolters, alleges addiction and dental issues as a result of his Zyn use. The lawsuit says that the pouches deliver more nicotine than cigarettes, and that PMI benefits from “Zynfluencers” who promote the brand on social media.

    The suit, which is seeking class-action status, also names as a defendant Swedish Match, which made the pouches before PMI bought it for $16 billion in 2022.

    According to the plaintiff, the companies failed to warn consumers about the risk of addiction and other harmful effects like cognitive issues, cardiovascular injuries, gastrointestinal problems and gum disease.

    PMI insists its pouches are intended only for existing users of nicotine products.

    The case was brought by Schlesinger Law Offices, whose initial lawsuit against Juul Labs investors including Altria Group expanded into thousands of legal actions and led to Altria’s eventual settlement of $235 million.

  • The Looming Backlash

    The Looming Backlash

    Photo: Swedish Match

    Cracking down on Zyn will only harsh the buzz around the office.

    By Peter Clark

    The calls from Representative Chuck Schumer to “crack down” on Zyn nicotine pouches may harsh the buzz around the office. 

    A recent Bloomberg article found that this product has been gaining popularity among office workers. In the third quarter, Philip Morris International saw a 66 percent jump in sales.

    Schumer may aim to shield developing brains from nicotine, but only 1.5 percent of middle schoolers and high schoolers use nicotine pouches. Flavored nicotine products are critical to adults quitting smoking because they break the connection between nicotine and tobacco.

    If regulation is too heavy-handed, adults will be clamoring for their trusty pack of Marlboros. This initiative is a drag on workplace productivity for the following reasons: more smoke breaks, less focused employees and time lost to illness.

    Restricting Zyn pouches may make workers revert to cigarettes, and this is bad for business. The average smoke break is between 10 minutes and 15 minutes long. These constant breaks add up to approximately an additional week of vacation time.

    Not only is this unjust for nonsmokers, but employers feel the pinch. Studies have estimated that smoke breaks cost companies $3,077 ( per employed smoker) annually. Banning flavors and reducing the nicotine content in Zyn will have workers running for the nearest designated smoking area. 

    Schumer’s demand for regulation overstates the risks and overshadows the benefits. This fear-mongering stems from what Jeffrey Singer, a senior fellow at the Cato Institute, refers to as “Nicotinophobia.” The association between the dangers of cigarettes and harm reduction products that contain nicotine.

    Zyn pouches contain isolated nicotine salt but no tobacco. The danger lies in thousands of chemicals composing cigarette smoke. E-cigarettes also deliver nicotine without tobacco smoke. Public Health England has deemed them 95 percent safer than traditional cigarettes. If we have a safer alternative, it is foolish to ignore its benefits as a nootropic. 

    Studies have found that smokers report that nicotine has “beneficial effects on concentration and memory.” Nicotine also enhances performance on complex tasks. A double-blind study by Nature found that administering small amounts of nicotine (1 mg) boosted performance on intricate tasks. Past research even suggests that nicotine improves “IQ-related tasks.” Nicotine’s impact on IQ has caught the attention of tech mogul Peter Thiel, who has flirted with the idea of using nicotine patches for the nootropic effects.

    Banning or restricting nicotine pouches would have a negative impact on the productivity of former smokers who are Zyn converts. When a nicotine addict tries to quit, they experience temporary cognitive decline. Experts in the field of addiction treatment have observed that withdrawal feels “like the opposite of the drug.” Nicotine is no exception. A 2017 study conducted by the Pennsylvania State University found that nicotine deprivation among smokers had an adverse impact on working memory, “which is critical for our understanding of motivated decision-making.” Other researchers have found that nicotine withdrawal is also associated with decreased reaction time and a decline in verbal and spatial memory

    If Zyn users revert to cigarettes, employers will also suffer from reduced productivity due to smoking-related illnesses. The U.S. economy suffers over “$365 billion in lost productivity each year” because of tobacco-related ailments. Not only do chronic diseases contribute to lower productivity, but smokers are also at higher risk for infections—a 12 percent higher risk for viral infections and a 48 percent greater chance of “being diagnosed with respiratory illness,” leaving co-workers to pick up the workload of their sick peers, putting them under unnecessary stress.

    Lawmakers need to realize that targeting Zyn for the sake of America’s youth is misguided. Few kids are using this product, but the harm to adults extends beyond smokers. The impact of smoking-related loss in productivity reverberates throughout the economy. Making Zyn products less appealing to smokers will have our workforce taking excessive breaks, being less focused and being more likely to call out sick. If Schumer wants to tackle a public health crisis facing teens, he should look into automobile accidents, the leading cause of death among teens.

  • IQOS Surpasses Marlboro in Revenue

    IQOS Surpasses Marlboro in Revenue

    Photo: Arkadiusz Fajer

    Philip Morris International reported net revenues of $9.05 billion for the fourth quarter and net revenues of $35.17 billion for fiscal year that ended Dec. 31, 2023. On a reported basis, the figures were up 11 percent and 10.7 percent, respectively, over the comparable 2022 periods.

    Performance was driven by revenue growth in both the combustible cigarette business, where pricing offset reduced volumes, and the company’s smoke-free operations, which continued to increase their share of the company’s business mix.

    “We are pleased that smoke-free products reached nearly 40 percent of our total net revenues and over 40 percent of our gross profit in the fourth quarter,” said PMI CEO Jacek Olczak in a statement.

    “This was led by the continued growth of IQOS, which has now surpassed Marlboro in terms of net revenues, confirming its position as the leading premium nicotine brand less than 10 years from launch. The fourth quarter also marked the first anniversary of our combination with Swedish Match, which delivered very strong results in 2023 driven by the stellar U.S. performance of ZYN.”

    PMI shipped 116.3 million cans of ZYN in the fourth quarter of 2023, representing growth of 78.2 percent versus fourth-quarter 2022 Swedish Match shipments of 65.3 million cans.

    “We are entering 2024 with strong momentum, and we expect it will be another year of excellent performance underpinned by an acceleration in organic smoke-free net revenue and profit growth,” said Olczak.

    PMI also expects to benefit this year from a recent settlement with British American Tobacco that resolves all ongoing patent infringement litigation between the parties related to heated tobacco and vapor products. The deal allows each party to innovate and introduce product iterations.

  • VTA Stands up for Lower-Risk Alternatives

    VTA Stands up for Lower-Risk Alternatives

    The Vapor Technology Association (VTA) today announced the launch of a cable news ad buy in the U.S. targeting Senator Chuck Schumer and his proposed ban on Zyn nicotine pouches. The ad runs this week on FOX News and FOX Business during key programming slots, including “FOX and Friends,” “Kudlow,” and “The Five.”

    The ad connects a proposed ban on e-cigarettes with a ban on all less harmful, tobacco-free nicotine products, such as Zyn nicotine pouches. The ad also calls out officials at the Food and Drug Administration’s Center for Tobacco Products (CTP) for repeatedly blocking access for millions of Americans to e-cigarettes as harm reduction tools.

    “Sen. Schumer and the FDA are simply wrong: wrong on e-cigarettes, wrong on Zyn, and wrong on the science,” said Tony Abboud, executive director of VTA, in a statement. “Rather than give adult smokers broader access to a greater number of lower-risk alternatives, the FDA and CTP have instead imposed a de facto ban on e-cigarettes—and Zyn is next.”

    The ad states that Schumer’s proposed Zyn ban mimics his attempts to eliminate e-cigarette use nationwide, amounting to an assault on Americans’ personal freedom to choose lower-risk, tobacco-free nicotine products that overwhelming scientific and medical data demonstrates are effective at helping adults quit smoking.

     “Why is the FDA denying access to a wide range of less harmful alternatives to combustible cigarettes that could otherwise be used by millions of adult smokers trying to quit?” asked Abboud.

    “Cigarettes kill. Rather than even acknowledging the settled science in support of e-cigarettes and other less harmful, tobacco-free nicotine products in recent years, the CTP has instead authorized nearly 900 new cigarettes for Americans’ use—but Sen. Schumer thinks it’s Zyn you need to be worried about.

    “The anti-nicotine FDA and congressional establishment has simply lost its bearings on the strategy of harm reduction, which it applies to every public health crisis, yet refuses to apply to the annual crisis of nearly half a million Americans dying from smoking every single year.”

     “VTA is running this ad buy because Americans deserve to know that less harmful nicotine products exist that can help adult smokers trying to quit. VTA supports Americans’ freedom to choose,” said Abboud.

  • Activists Protests ‘Misguided’ Zyn Probe

    Activists Protests ‘Misguided’ Zyn Probe

    Photo: Swedish Match

    U.S. Senate Majority Leader Chuck Schumer’s call on the U.S. Food and Drug Administration and Federal Trade Commission to investigate the marketing practices and health effects of Philip Morris International’s Zyn nicotine pouch brand provoked a backlash among advocates of tobacco harm reduction.

    “The American people have seen this movie before with less harmful e-cigarettes,” said Tony Abboud, executive director of the Vapor Technology Association (VTA).

    “Congressional leaders yell at unelected bureaucrats at the FDA who scurry to remove products from the market that offend their sensibilities—even though those products are less harmful than traditional cigarettes, and have been proven to help people quit smoking deadly cigarettes altogether.

    “These misguided actions deprive American adults of less harmful, non-combustible, and non-tobacco nicotine products that are a proven alternative to combustible cigarettes and that the largest clinical trial in the U.S. has found to cause them to quit smoking even if they have no intention to quit cigarettes.

    “There is already a de-facto ban on e-cigarettes. Sen. Schumer simply wants this ban extended to other products he and the Washington establishment deem undesirable.

    “As with e-cigarettes, Sen. Schumer falsely asserted that Zyn products are popular with younger users. Yet, the National Youth Tobacco Survey data demonstrates that only 1.5 percent of youth have even tried nicotine pouches. When will the federal government stop hiding behind an excuse that has been disproven by their own data? 

    “VTA stands with Zyn, and the makers of modern oral nicotine pouches, in the fight against arbitrary and capricious government action. Because cigarettes remain the No. 1 cause of preventable death and disease in the U.S., VTA insists on broad access to a wide variety of non-combustible products to preserve freedom of choice for adults who want to use nicotine – and to provide access to proven harm-reduction and smoking-cessation options essential for saving American lives.”

    Earlier, Schumer’s call for an investigation prompted PMI to publish a video clarifying its marketing practices.

  • PMI Clarifies Zyn Marketing Practices

    PMI Clarifies Zyn Marketing Practices

    Philip Morris Global Chief Communications Officer Moira Gilchrist has clarified in a video presentation PMI’s marketing practices and facts relating to Zyn nicotine pouches, which recently came under fire by Senate Majority Leader Chuck Schumer.

    Schumer asked the U.S. Food and Drug Administration and the Federal Trade Commission to take action on PMI’s marketing practices and the health effects of Zyn, calling the product the next “trend in addiction for teens.”

  • Schumer Wants Crackdown on Zyn

    Schumer Wants Crackdown on Zyn

    Image: Tobacco Reporter archive

    U.S. Senate Majority Leader Chuck Schumer is calling for a crackdown on Zyn nicotine pouches, arguing that the product will be the next “trend in addiction for teens,” according to USA Today. He has asked the U.S. Food and Drug Administration and the Federal Trade Commission to take action on the company’s marketing practices and the product’s health effects.

    “Amid federal action against e-cigs and their grip on young people, a quiet and dangerous alternative has emerged, and it is called Zyn,” said Schumer. “I am delivering a new warning to parents because these nicotine pouches seem to lock their sights on teens and use social media to hook them.”

    “The amount of nicotine is highly addictive, and much more needs to be done to understand and communicate the health risks for young people,” Schumer said.

    Zyn’s parent company said that it both meets and exceeds industry regulations.

    “The FDA remains concerned about any tobacco product that may appeal to youth,” said Brian King, director of the FDA’s Center for Tobacco Products, in response. “The FDA uses a variety of surveillance tools to monitor the evolving tobacco product landscape and to identify emerging threats to public health.”

    King noted that the FDA closely monitors “those in the supply chain for compliance with federal law.”

    “As always, we are committed to holding those accountable who sell unauthorized tobacco products, including those labeled, advertised and/or designed to encourage youth use,” said King.

    The Federal Trade Commission did not comment, noting that it “does not publicly speculate on external requests for investigations or comment on letters from member[s] of Congress,” according to USA Today.

  • MLB Players Switching to Zyn

    MLB Players Switching to Zyn

    Image: aceshot | Adobe Stock

    Major League Baseball (MLB) players are largely switching from smokeless tobacco products to Zyn nicotine pouches, reports Vaping360.

    In 2016, a rule came into effect banning new MLB players from using tobacco products, and many stadiums followed in banning tobacco product use for both viewers and players. Veteran players were allowed to continue using tobacco products, though they had to leave them in the locker room; however, stadiums that banned the products did not offer an exception for players.

    Many players have since switched to the tobacco-free Zyn nicotine pouches. Zyn is manufactured by Swedish Match, which was recently bought by Philip Morris International for $16 billion and holds 64.9 percent of the U.S. nicotine pouch volume as of the second quarter of 2022.

    Zyn and other nicotine pouches do not fall under the tobacco product rules because they contain no tobacco, and there are no rules against MLB athletes using nicotine products.