Brownstone Institute
Sorry, This Is Not Going Away
From the Brownstone Institute
The kids are two years behind in education. Inflation still rages. White-collar jobs are disappearing thanks to the reversal of Fed policy. Household finances are a wreck. The medical industry is in upheaval. Trust in government has never been lower.
Major media too is discredited. Young people are dying at levels never seen. Populations are still on the move from lockdown states to where it is less likely. Surveillance is everywhere, and so is political persecution. Public health is in a disastrous state, with substance abuse and obesity all at new records.
Each one of these, and many more besides, are continued fallout from the pandemic response that began in March 2020. And yet here we are 38 months later and we still don’t have honesty or truth about the experience. Officials have resigned, politicians have tumbled out of office, and lifetime civil servants have departed their posts, but they don’t cite the great disaster as the excuse. There is always some other reason.
This is the period of the great silence. We’ve all noticed it. The stories in the press recounting all the above are conventionally scrupulous about naming the pandemic response much less naming the individuals responsible. Maybe there is a Freudian explanation: things so obviously terrible and in such recent memory are too painful to mentally process, so we just pretend it didn’t happen. Plenty in power like this solution.
Everyone in a position of influence knows the rules. Don’t talk about the lockdowns. Don’t talk about the mask mandates. Don’t talk about the vaccine mandates that proved useless and damaging and led to millions of professional upheavals. Don’t talk about the economics of it. Don’t talk about collateral damage. When the topic comes up, just say “We did the best we could with the knowledge we had,” even if that is an obvious lie. Above all, don’t seek justice.
There is this document intended to be the “Warren Commission” of Covid slapped together by the old gangsters who advocated for lockdowns. It is called Lessons from the Covid War: An Assessment. The authors are people like Michael Callahan (Massachusetts General Hospital), Gary Edson (former Deputy National Security Advisor), Richard Hatchett, (Coalition for Epidemic Preparedness Innovations), Marc Lipsitch (Harvard University), Carter Mecher (Veterans Affairs), and Rajeev Venkayya (former Gates Foundation and now Aerium Therapeutics).
If you have been following this disaster, you know at least some of the names. Years before 2020, they were pushing lockdowns as the solution for infectious disease. Some claim credit for having invented pandemic planning. The years 2020-2022 was their experiment. As it was ongoing, they became media stars, pushing compliance, condemning as disinformation and misinformation anyone who disagreed with them. They were at the heart of the coup d’etat, as engineers or champions of it, that replaced representative democracy quasi-martial law run by the administrative state.
The first sentence of the report is a complaint:
“We were supposed to lay the groundwork for a National Covid Commission. The Covid Crisis Group formed at the beginning of 2021, one year into the pandemic. We thought the U.S. government would soon create or facilitate a commission to study the biggest global crisis so far in the twenty-first century. It has not.”
That is true. There is no National Covid Commission. You know why? Because they could never get away with it, not with legions of experts and passionate citizens who wouldn’t tolerate a coverup.
The public anger is too intense. Lawmakers would be flooded with emails, phone calls, and daily expressions of disgust. It would be a disaster. An honest commission would demand answers that the ruling class is not prepared to give. An “official commission” perpetuating a bunch of baloney would be dead on arrival.
This by itself is a huge victory and a tribute to indefatigable critics.
Instead, the “Covid Crisis Group” met with funding from the Rockefeller and Charles Koch Foundation and slapped together this report. Despite being celebrated as definitive by the New York Times and Washington Post, it has mostly had no impact at all. It is far from obtaining the status of being some kind of canonical assessment. It reads like they were on deadline, fed up, typed lots of words, and called it a day.
Of course it is whitewash.
It begins with a bang to denounce the US policy response: “Our institutions did not meet the moment. They did not have adequate practical strategies or capabilities to prevent, to warn, to defend their communities, or fight back in a coordinated way, in the United States and globally.”
Mistakes were made, as they say.
Of course the upshot of this kvetching is not to criticize what Justice Neil Gorsuch calls “the greatest intrusions on civil liberties in the peacetime history of this country.” They hardly mention those at all.
Instead they conclude that the US should have surveilled more, locked down sooner (“We believe that on January 28 the U.S. government should have started mobilizing for a possible Covid war”), directed more funds to this agency rather than that, and centralized the response so that rogue states like South Dakota and Florida could not evade centralized authoritarian diktats next time.
The authors propose a series of lessons that are anodyne, bloodless, and carefully crafted to be more-or-less true but ultimately structured to minimize the sheer radicalism and destructiveness of what they favored and did. The lessons are cliches such as we need “not just goals but roadmaps,” and next time we need more “situation awareness.”
There is no new information in the book that I could find, unless something is hidden herein that escaped my notice. It’s more interesting for what it does not say. Some words that never appear in the text: Sweden, Ivermectin, Ventilators, Remdesivir, and Myocarditis.
Perhaps this gives you a sense of the book and its mission. And on matters of the lockdowns, readers are forced to endure claims such as “all of New England — Massachusetts, the city of Boston, Connecticut, Rhode Island, New Hampshire, Vermont, and Maine — seem to us to have done relatively well, including their ad hoc crisis management setups.”
Oh really! Boston destroyed thousands of small businesses and imposed vaccine passports, closed churches, persecuted people for holding house parties, and imposed travel restrictions. There is a reason why the authors don’t elaborate on such preposterous claims. They are simply unsustainable.
One amusing feature seems to me to be a foreshadowing of what is coming. They throw Anthony Fauci under the bus with sniffy dismissals: “Fauci was vulnerable to some attacks because he tried to cover the waterfront in briefing the press and public, stretching beyond his core expertise—and sometimes it showed.”
Oooo, burn!
This is very likely the future. At some point, Fauci will be scapegoated for the whole disaster. He will be assigned to take the fall for what is really the failure of the national security arm of the administrative bureaucracy, which in fact took charge of all rule-making from March 13, 2020, onward, along with their intellectual cheerleaders. The public health people were just there to provide cover.
Curious about the political bias of the book? It is summed up in this passing statement: “Trump was a comorbidity.”
Oh how highbrow! How clever!
Maybe this book by the Covid Crisis Group hopes to be the last word. This will never happen. We are only at the beginning of this. As the economic, social, cultural, and political problems mount, it will become impossible to ignore the incredibly obvious. The masters of lockdowns are influential and well-connected but not even they can invent their own reality.
Author
From the Brownstone Institute
A walk through a dozen convenience stores in Montgomery County, Pennsylvania, says a lot about how US nicotine policy actually works. Only about one in eight nicotine-pouch products for sale is legal. The rest are unauthorized—but they’re not all the same. Some are brightly branded, with uncertain ingredients, not approved by any Western regulator, and clearly aimed at impulse buyers. Others—like Sweden’s NOAT—are the opposite: muted, well-made, adult-oriented, and already approved for sale in Europe.
Yet in the United States, NOAT has been told to stop selling. In September 2025, the Food and Drug Administration (FDA) issued the company a warning letter for offering nicotine pouches without marketing authorization. That might make sense if the products were dangerous, but they appear to be among the safest on the market: mild flavors, low nicotine levels, and recyclable paper packaging. In Europe, regulators consider them acceptable. In America, they’re banned. The decision looks, at best, strange—and possibly arbitrary.
What the Market Shows
My October 2025 audit was straightforward. I visited twelve stores and recorded every distinct pouch product visible for sale at the counter. If the item matched one of the twenty ZYN products that the FDA authorized in January, it was counted as legal. Everything else was counted as illegal.
Two of the stores told me they had recently received FDA letters and had already removed most illegal stock. The other ten stores were still dominated by unauthorized products—more than 93 percent of what was on display. Across all twelve locations, about 12 percent of products were legal ZYN, and about 88 percent were not.
The illegal share wasn’t uniform. Many of the unauthorized products were clearly high-nicotine imports with flashy names like Loop, Velo, and Zimo. These products may be fine, but some are probably high in contaminants, and a few often with very high nicotine levels. Others were subdued, plainly meant for adult users. NOAT was a good example of that second group: simple packaging, oat-based filler, restrained flavoring, and branding that makes no effort to look “cool.” It’s the kind of product any regulator serious about harm reduction would welcome.
Enforcement Works
To the FDA’s credit, enforcement does make a difference. The two stores that received official letters quickly pulled their illegal stock. That mirrors the agency’s broader efforts this year: new import alerts to detain unauthorized tobacco products at the border (see also Import Alert 98-06), and hundreds of warning letters to retailers, importers, and distributors.
But effective enforcement can’t solve a supply problem. The list of legal nicotine-pouch products is still extremely short—only a narrow range of ZYN items. Adults who want more variety, or stores that want to meet that demand, inevitably turn to gray-market suppliers. The more limited the legal catalog, the more the illegal market thrives.
Why the NOAT Decision Appears Bizarre
The FDA’s own actions make the situation hard to explain. In January 2025, it authorized twenty ZYN products after finding that they contained far fewer harmful chemicals than cigarettes and could help adult smokers switch. That was progress. But nine months later, the FDA has approved nothing else—while sending a warning letter to NOAT, arguably the least youth-oriented pouch line in the world.
The outcome is bad for legal sellers and public health. ZYN is legal; a handful of clearly risky, high-nicotine imports continue to circulate; and a mild, adult-market brand that meets European safety and labeling rules is banned. Officially, NOAT’s problem is procedural—it lacks a marketing order. But in practical terms, the FDA is punishing the very design choices it claims to value: simplicity, low appeal to minors, and clean ingredients.
This approach also ignores the differences in actual risk. Studies consistently show that nicotine pouches have far fewer toxins than cigarettes and far less variability than many vapes. The biggest pouch concerns are uneven nicotine levels and occasional traces of tobacco-specific nitrosamines, depending on manufacturing quality. The serious contamination issues—heavy metals and inconsistent dosage—belong mostly to disposable vapes, particularly the flood of unregulated imports from China. Treating all “unauthorized” products as equally bad blurs those distinctions and undermines proportional enforcement.
A Better Balance: Enforce Upstream, Widen the Legal Path
My small Montgomery County survey suggests a simple formula for improvement.
First, keep enforcement targeted and focused on suppliers, not just clerks. Warning letters clearly change behavior at the store level, but the biggest impact will come from auditing distributors and importers, and stopping bad shipments before they reach retail shelves.
Second, make compliance easy. A single-page list of authorized nicotine-pouch products—currently the twenty approved ZYN items—should be posted in every store and attached to distributor invoices. Point-of-sale systems can block barcodes for anything not on the list, and retailers could affirm, once a year, that they stock only approved items.
Third, widen the legal lane. The FDA launched a pilot program in September 2025 to speed review of new pouch applications. That program should spell out exactly what evidence is needed—chemical data, toxicology, nicotine release rates, and behavioral studies—and make timely decisions. If products like NOAT meet those standards, they should be authorized quickly. Legal competition among adult-oriented brands will crowd out the sketchy imports far faster than enforcement alone.
The Bottom Line
Enforcement matters, and the data show it works—where it happens. But the legal market is too narrow to protect consumers or encourage innovation. The current regime leaves a few ZYN products as lonely legal islands in a sea of gray-market pouches that range from sensible to reckless.
The FDA’s treatment of NOAT stands out as a case study in inconsistency: a quiet, adult-focused brand approved in Europe yet effectively banned in the US, while flashier and riskier options continue to slip through. That’s not a public-health victory; it’s a missed opportunity.
If the goal is to help adult smokers move to lower-risk products while keeping youth use low, the path forward is clear: enforce smartly, make compliance easy, and give good products a fair shot. Right now, we’re doing the first part well—but failing at the second and third. It’s time to fix that.
Author
From the Brownstone Institute
Cigarettes kill nearly half a million Americans each year. Everyone knows it, including the Food and Drug Administration. Yet while the most lethal nicotine product remains on sale in every gas station, the FDA continues to block or delay far safer alternatives.
Nicotine pouches—small, smokeless packets tucked under the lip—deliver nicotine without burning tobacco. They eliminate the tar, carbon monoxide, and carcinogens that make cigarettes so deadly. The logic of harm reduction couldn’t be clearer: if smokers can get nicotine without smoke, millions of lives could be saved.
Sweden has already proven the point. Through widespread use of snus and nicotine pouches, the country has cut daily smoking to about 5 percent, the lowest rate in Europe. Lung-cancer deaths are less than half the continental average. This “Swedish Experience” shows that when adults are given safer options, they switch voluntarily—no prohibition required.
In the United States, however, the FDA’s tobacco division has turned this logic on its head. Since Congress gave it sweeping authority in 2009, the agency has demanded that every new product undergo a Premarket Tobacco Product Application, or PMTA, proving it is “appropriate for the protection of public health.” That sounds reasonable until you see how the process works.
Manufacturers must spend millions on speculative modeling about how their products might affect every segment of society—smokers, nonsmokers, youth, and future generations—before they can even reach the market. Unsurprisingly, almost all PMTAs have been denied or shelved. Reduced-risk products sit in limbo while Marlboros and Newports remain untouched.
Only this January did the agency relent slightly, authorizing 20 ZYN nicotine-pouch products made by Swedish Match, now owned by Philip Morris. The FDA admitted the obvious: “The data show that these specific products are appropriate for the protection of public health.” The toxic-chemical levels were far lower than in cigarettes, and adult smokers were more likely to switch than teens were to start.
The decision should have been a turning point. Instead, it exposed the double standard. Other pouch makers—especially smaller firms from Sweden and the US, such as NOAT—remain locked out of the legal market even when their products meet the same technical standards.
The FDA’s inaction has created a black market dominated by unregulated imports, many from China. According to my own research, roughly 85 percent of pouches now sold in convenience stores are technically illegal.
The agency claims that this heavy-handed approach protects kids. But youth pouch use in the US remains very low—about 1.5 percent of high-school students according to the latest National Youth Tobacco Survey—while nearly 30 million American adults still smoke. Denying safer products to millions of addicted adults because a tiny fraction of teens might experiment is the opposite of public-health logic.
There’s a better path. The FDA should base its decisions on science, not fear. If a product dramatically reduces exposure to harmful chemicals, meets strict packaging and marketing standards, and enforces Tobacco 21 age verification, it should be allowed on the market. Population-level effects can be monitored afterward through real-world data on switching and youth use. That’s how drug and vaccine regulation already works.
Sweden’s evidence shows the results of a pragmatic approach: a near-smoke-free society achieved through consumer choice, not coercion. The FDA’s own approval of ZYN proves that such products can meet its legal standard for protecting public health. The next step is consistency—apply the same rules to everyone.
Combustion, not nicotine, is the killer. Until the FDA acts on that simple truth, it will keep protecting the cigarette industry it was supposed to regulate.
Author
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