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Brownstone Institute

The Insufferable Arrogance of the Constantly Wrong

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17 minute read

The media, and the people who work in and around it, the Blue Checks™ of Twitter, have upped the ante over the past few years regarding how far they are willing to go to enforce various preferred narratives.

Pick any major story of the past three years—e.g. Lab Leak, Jussie Smollett, Russiagate, Ukrainian Biolabs, Ivermectin, Hospitalizations From COVID v. With Covid, January 6th, ‘Transitory’ Inflation, and of course Hunter’s Laptop—and you will find absolutely hysterical narrative pushing up front followed by retractions, corrections, and outright denials as reality became undeniable.

In the meanwhile, our civilization was ripped apart, our citizens were gaslit and impoverished, and in countries across the Western world, innocent people were removed from polite society, branded as lepers, and fired from their jobs.

Why? Because there is one story that just won’t die and for which no corrections have been issued—the shibboleth that vaccination can prevent infection, transmission, and help “end” COVID.

While there is never an excuse for hateful rhetoric towards, and intervention in, the personal medical choices of law-abiding Americans, perhaps one could have, kinda sorta, understood the campaign if the new vaccines had provided long-lasting immunity and prevented community transmission. They do not.

Early on we were told: “Nine out of ten [vaccinated] people won’t get sick” (Columbia University feat. Run-DMC, February 12th, 2021, no this is not a joke); “Vaccinated people do not carry the virus, don`t get sick” (Dr. Rochelle Walensky, March 29th, 2021); “When people are vaccinated, they can feel safe that they are not going to get infected” (Dr. Anthony Fauci, May 17th, 2021).

And by mid-summer, 2021, we were still being told that unequivocally, these vaccines were a resounding success worthy of uncritical support. On July 27th in Scientific American, Dr. Eric Topol wrote, “Vaccination is the closest thing to a sure thing we have in this pandemic.” Not to be outdone, Dr. Anthony Fauci of the NIAID told CBS on August 1st, that the unvaccinated were responsible for “propagating this outbreak.”

But on July 29th, 2021, the Washington Post reported a scoop that the CDC was privately acknowledging that the vaccinated could spread COVID as easily as the unvaccinated. Occasionally, they are forced to report inconvenient facts. And August 5th, CDC Director Walensky told CNN’s Wolf Blitzer that, “They continue to work well for Delta, with regard to severe illness and death — they prevent it. But what they can’t do anymore is prevent transmission.”

While there is a mountain of medical literature available demonstrating quite clearly the failure of these vaccines to prevent infection and transmission, the August 5th declaration from the CDC Director should have made clear that being vaccinated is contributing in no way to the safety of others, nor to the eradication of this virus.

In fact, Israeli Health Minister Nitzan Horowitz was even caught on tape in September of last year explaining that the use of the Israeli Green Pass wasn’t intended to make a difference epidemiologically, but because it would help convince people to get vaccinated. And even vaccine poobah Bill Gates admitted in a late 2021 interview, that, “We got vaccines to help you with your health, but they only slightly reduce the transmissions.”

So there should be no question that continuing to suggest in any way that these shots are a panacea, and that those who refused to get them were plague spreaders, should have been thoroughly trashed by Fall 2021.

Nonetheless, on September 24th President Joe Biden coined his now famous phrase “a pandemic of the unvaccinated.” To our north, Prime Minister Trudeau called the unvaccinated science deniers, misogynists, and racists, and asked rhetorically whether Canadians should “tolerate” them.

And during the first week of January 2022, while kicking the unvaccinated out of French daily life and public spaces, French President Emmanuel Macron said he wanted the measures to “piss off” his unvaccinated citizens. With world leaders speaking this way, it’s no wonder so many Blue Check™ elites took up the banner!

Prominent media figures like Amy Siskind, Pulitzer Prize winner Gene Weingarten, and more have come out of the woodwork in recent months to share with us their enthusiasm for medical discrimination. Noted neurotic Howard Stern is all in on forced vaccination due to what must be his own debilitating fear of his mortality. Bill Kristol says the unvaccinated have “blood on their hands.”

David Frum, heir to Maimonides, writes, “Let the hospitals quietly triage emergency care to serve the unvaccinated last.” Charles M. Blow was “furious” at the unvaccinated. CNN contributor Dr. Leana Wen suggested that the unvaccinated should not be allowed to leave their homes. The Ragin’ Cajun even wants to punch the unvaccinated in the face!

All of the above links/stories were posted after Dr. Walensky’s unequivocal announcement that the vaccines do not prevent transmission.

And all of the self-satisfied segregationists are supported in their vitriol by the Blue Checks™ of the Medical Establishment, like Dr. Paul Klotman, President and Executive Dean of the Baylor School of Medicine, who said on camera back in January that he isn’t polite to friends and family who aren’t vaccinated. “Keep them away. I don’t do it respectfully, I tell them to stay away, and teach them a lesson.” Less vitriolic but equally problematic, the WHO’s COVID-19 “technical lead” Dr. Maria Van Kerkhove continued to push the lie that vaccination can prevent outbreaks as recently as January 26th, 2022. She is, as well, a Blue Check™. And yes, Dr. Anthony Fauci is still at it, even as of April 14th, 2022, telling MSNBC that harsh Chinese lockdowns could be used to get the population vaccinated so that “When you open up, you won’t have a surge of infections.”

The examples are legion. Blue Checks, Medical Blue Checks, Times Columnists, Radio Jocks, Presidents, and Prime Ministers have all espoused misinformation and/or hate speech regarding vaccination status. But they are all given intellectual cover by the official reporting of the fourth estate. Even in the face of all the evidence that there is no epidemiological basis for discrimination, our intellectual betters in the legacy media press onward the canard.

On August 26th, the Toronto Star ran an article entitled, “When it comes to empathy for the unvaccinated, many of us aren’t feeling it.” Then, on December 22nd, published an explainer which stated that two doses won’t stop you from spreading COVID-19. Comme ci, comme ca.

Back in February, MSNBC political contributor Matthew Dowd shared his insight that the unvaccinated do not believe in the United States Constitution, because if they did, they would get vaccinated for “We The People.” For the common good.

An examination of the New York Times reveals three articles written this year which overtly continue supporting the idea that the vaccines prevent transmission. First, on January 29th in a piece entitled, “As Covid Shots For Kids Stall, Appeals Are Aimed At Wary Parents,” the author cites “public health officials” who say that to aid in “containing” the pandemic, kids must also be vaccinated. (It is worth mentioning that the current vaccines and boosters being distributed were designed in February 2020 to provide an immune response to a version of the SARS-CoV-2 spike protein circulating prior to that, not entirely similar to what is circulating now.)

Then February 23rd, in a hit piece on the Surgeon General of Florida Dr. Joe Ladapo, the Times writes, “When public health officials across the country were urging vaccines as a way to end the pandemic, Dr. Ladapo was raising warning flags about possible side effects and cautioning that even vaccinated people could spread the virus.”

So, Dr. Ladapo was correct?

Finally, in a piece about Novak Djokovic published March 3rd, they write, “Djokovic was the only player ranked in the top 100 in Australia who had not received a Covid-19 vaccination, which experts have long said will not eradicate the virus unless most of the population receives one.”

They do not address the question of how a vaccine which does not prevent transmission can eradicate a virus. And they won’t. As Israeli Health Minister Horowitz candidly admitted, none of this is about epidemiology.

And even when mainstream media tacitly acknowledges the failures of the vaccines to prevent transmission, they skillfully elide the significance of this fact in order to allow them to continue to scapegoat the unvaccinated. In a dazzling display of sophistry, Time Magazine moved the Overton window in this January 12th, 2022 piece, “These Charts Show That COVID-19 Is Still A Pandemic of the Unvaccinated.”

The author states that due to the rapidly narrowing gap between cases in the vaccinated and unvaccinated, some readers might think that the phrase “pandemic of the unvaccinated” is no longer justifiable. But with the grace of a ballerina, Time goes on to tell us that because the vaccines are still showing efficacy against severe illness, the phrase is still kosher. If an unvaccinated person gets sicker than his vaccinated neighbor who contracted COVID at a fully vaccinated wedding, that unvaccinated person is still the problem!

New York Magazine isn’t lacking in similar gymnastics. On February 16th of this year, Matt Stieb published a piece entitled, “Is Kyrie Irving Going to Get Away With It?” Irving is the Brooklyn Nets player who famously chose not to be vaccinated, and has become a fetish object for the Covidian Left. Stieb acknowledges that Irving’s vaccinated teammates were getting COVID at such high rates that it forced Nets management to allow Irving back to play in away games but still calls the New York City ban on unvaccinated athletes “a rare public health mandate with real teeth.”

Just seven days later on February 23rd, Will Leitch, in the same publication, sighs, “Unfortunately, It’s Time to Let Kyrie Irving Play in New York.” He outlines all the reasons why epidemiologically it makes no sense to prevent athletes like Irving and Novak Djokovic from participating, but says, “It would feel like they got away with all their bullshit.” And also, they are “annoying.”

And this barely concealed hatred for the unvaccinated from media and government and Big Tech—even in the rare moments when writers such as Leitch acknowledge the failure of the vaccines to prevent transmission—has real consequences. People have lost their jobs. People have been arrested for trying to go to a movie theater.

Families got kicked out of restaurants, and patrons either cheered or remained indifferent, which is worse. A teenage boy at an uber-progressive and expensive Chicago prep school committed suicide after being bullied over an incorrect rumor he was unvaccinated. The stench of bad journalism rots people’s basic decency.

A January Rasmussen poll found that, “Fifty-nine percent (59%) of Democratic voters would favor a government policy requiring that citizens remain confined to their homes at all times, except for emergencies, if they refuse to get a COVID-19 vaccine…Forty-five percent (45%) of Democrats would favor governments requiring citizens to temporarily live in designated facilities or locations if they refuse to get a COVID-19 vaccine…”

As well as, “Twenty-nine percent (29%) of Democratic voters would support temporarily removing parents’ custody of their children if parents refuse to take the COVID-19 vaccine.” Unfortunately, these disturbing results are politically lopsided, but it’s no surprise when you consider who the readers of most legacy media platforms are.

The saddest thing is that these media outlets and their flag bearers really think their readers are all morons. The New York Times believes that, in the midst of the Omicron wave as boosted person after boosted person was getting COVID, they could tell you these particular vaccines are still the way to eradicate this thing, and expect you to deny reality and nod your head.

It calls to mind the quote attributed to Solzhenitsyn (or Elena Gorokhova), “The rules are simple: they lie to us, we know they’re lying, they know we know they’re lying, but they keep lying to us, and we keep pretending to believe them.”

We have ceded the better angels of our common cerebrum to people who may not have our best interests at heart, and a sycophantic laptop class who gleefully endorses their diktats and “fact-checks.” Collectively: Sophistry Inc.

Their behavior, endorsed by every single entity which holds power in our society, is destroying us, and has already poisoned us such that there may be no antidote. Yes, first they came for the unvaccinated, but that doesn’t mean they won’t come for you next.

Author

  • Clayton Fox was a 2020 Tablet Magazine Fellow. He has been published at Tablet, Real Clear Investigations, Los Angeles Magazine, and JancisRobinson.com.

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Brownstone Institute

Bizarre Decisions about Nicotine Pouches Lead to the Wrong Products on Shelves

Published on

From the Brownstone Institute

  Roger Bate  

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.

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

Roger Bate

Roger Bate is a Brownstone Fellow, Senior Fellow at the International Center for Law and Economics (Jan 2023-present), Board member of Africa Fighting Malaria (September 2000-present), and Fellow at the Institute of Economic Affairs (January 2000-present).

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Addictions

The War on Commonsense Nicotine Regulation

Published on

From the Brownstone Institute

Roger Bate  Roger Bate 

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

Roger Bate

Roger Bate is a Brownstone Fellow, Senior Fellow at the International Center for Law and Economics (Jan 2023-present), Board member of Africa Fighting Malaria (September 2000-present), and Fellow at the Institute of Economic Affairs (January 2000-present).

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