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Zyn manufacturer will pay $1.2 million for violating DC's flavored tobacco ban

By Katie Bourque

Zyn manufacturer will pay $1.2 million for violating DC's flavored tobacco ban

WASHINGTON (7News) -- The manufacturers of Zyn nicotine pouches will be paying $1.2 million for violating D.C.'s 2022 ban on flavored tobacco and nicotine products, Attorney General Brian L. Schwalb announced on Friday.

Earlier this year, the Office of the Attorney General (OAG) issued an investigative subpoena to Zyn's manufacturer Swedish Match North America LLC (SMNA), a subsidiary of Phillip Morris International.

SEE ALSO | DC ranks in top 5 places for tobacco control, Virginia among the bottom states

From October 1, 2022, to June 30, 2024, the SMNA facilitated the sale of tens of thousands of flavored tobacco products to D.C. consumers through its website shop.zyn.com, which is a violation of the 2022 ban and of the District's Consumer Protection Procedures Act (CPPA), according to evidence from an OAG investigation.

SMNA has already halted national sales on its website.

The 2022 law bans the sale, distribution, and purchase of flavored tobacco throughout the District. The Ban also restricts the sale, distribution, and purchase of electronic smoking devices within 1/4 mile of any middle school or high school in the District.

SEE ALSO | Fact Check Team: FDA faces legal battle over flavored vaping rules

According to the terms of the settlement agreement, in addition to the $1.2 million fine to the District, SMNA will have to monitor Zyn distributors on a quarterly basis. If they find a distributor with three or more violations of the flavor ban in a calendar year, or five violations in the aggregate, SMNA must ensure compliance or terminate its relationship with that distributor.

This also includes prohibiting the sale of flavored tobacco products in the District through their website.

"Flavored tobacco products like Zyn pouches are banned in the District precisely because they are dangerous, addictive, and threaten to reverse the enormous progress we've made in reducing tobacco use amongst young people," said Attorney General Schwalb. "Manufacturers, distributors, and retailers should be on notice that my office is aggressively enforcing this ban and will always step in to safeguard our children's health and safety."

According to data from the CDC, about 890,000 middle school and high school students, around 3.5%, report having used nicotine pouches, including 1.8% of kids in grades 6, 7, and 8.

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