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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.

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  • 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

The Unmasking of Vaccine Science

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From the Brownstone Institute

By Maryanne DemasiMaryanne Demasi  

I recently purchased Aaron Siri’s new book Vaccines, Amen.  As I flipped though the pages, I noticed a section devoted to his now-famous deposition of Dr Stanley Plotkin, the “godfather” of vaccines.

I’d seen viral clips circulating on social media, but I had never taken the time to read the full transcript — until now.

Siri’s interrogation was methodical and unflinching…a masterclass in extracting uncomfortable truths.

In January 2018, Dr Stanley Plotkin, a towering figure in immunology and co-developer of the rubella vaccine, was deposed under oath in Pennsylvania by attorney Aaron Siri.

The case stemmed from a custody dispute in Michigan, where divorced parents disagreed over whether their daughter should be vaccinated. Plotkin had agreed to testify in support of vaccination on behalf of the father.

What followed over the next nine hours, captured in a 400-page transcript, was extraordinary.

Plotkin’s testimony revealed ethical blind spots, scientific hubris, and a troubling indifference to vaccine safety data.

He mocked religious objectors, defended experiments on mentally disabled children, and dismissed glaring weaknesses in vaccine surveillance systems.

A System Built on Conflicts

From the outset, Plotkin admitted to a web of industry entanglements.

He confirmed receiving payments from Merck, Sanofi, GSK, Pfizer, and several biotech firms. These were not occasional consultancies but long-standing financial relationships with the very manufacturers of the vaccines he promoted.

Plotkin appeared taken aback when Siri questioned his financial windfall from royalties on products like RotaTeq, and expressed surprise at the “tone” of the deposition.

Siri pressed on: “You didn’t anticipate that your financial dealings with those companies would be relevant?”

Plotkin replied: “I guess, no, I did not perceive that that was relevant to my opinion as to whether a child should receive vaccines.”

The man entrusted with shaping national vaccine policy had a direct financial stake in its expansion, yet he brushed it aside as irrelevant.

Contempt for Religious Dissent

Siri questioned Plotkin on his past statements, including one in which he described vaccine critics as “religious zealots who believe that the will of God includes death and disease.”

Siri asked whether he stood by that statement. Plotkin replied emphatically, “I absolutely do.”

Plotkin was not interested in ethical pluralism or accommodating divergent moral frameworks. For him, public health was a war, and religious objectors were the enemy.

He also admitted to using human foetal cells in vaccine production — specifically WI-38, a cell line derived from an aborted foetus at three months’ gestation.

Siri asked if Plotkin had authored papers involving dozens of abortions for tissue collection. Plotkin shrugged: “I don’t remember the exact number…but quite a few.”

Plotkin regarded this as a scientific necessity, though for many people — including Catholics and Orthodox Jews — it remains a profound moral concern.

Rather than acknowledging such sensitivities, Plotkin dismissed them outright, rejecting the idea that faith-based values should influence public health policy.

That kind of absolutism, where scientific aims override moral boundaries, has since drawn criticism from ethicists and public health leaders alike.

As NIH director Jay Bhattacharya later observed during his 2025 Senate confirmation hearing, such absolutism erodes trust.

“In public health, we need to make sure the products of science are ethically acceptable to everybody,” he said. “Having alternatives that are not ethically conflicted with foetal cell lines is not just an ethical issue — it’s a public health issue.”

Safety Assumed, Not Proven

When the discussion turned to safety, Siri asked, “Are you aware of any study that compares vaccinated children to completely unvaccinated children?”

Plotkin replied that he was “not aware of well-controlled studies.”

Asked why no placebo-controlled trials had been conducted on routine childhood vaccines such as hepatitis B, Plotkin said such trials would be “ethically difficult.”

That rationale, Siri noted, creates a scientific blind spot. If trials are deemed too unethical to conduct, then gold-standard safety data — the kind required for other pharmaceuticals — simply do not exist for the full childhood vaccine schedule.

Siri pointed to one example: Merck’s hepatitis B vaccine, administered to newborns. The company had only monitored participants for adverse events for five days after injection.

Plotkin didn’t dispute it. “Five days is certainly short for follow-up,” he admitted, but claimed that “most serious events” would occur within that time frame.

Siri challenged the idea that such a narrow window could capture meaningful safety data — especially when autoimmune or neurodevelopmental effects could take weeks or months to emerge.

Siri pushed on. He asked Plotkin if the DTaP and Tdap vaccines — for diphtheria, tetanus and pertussis — could cause autism.

“I feel confident they do not,” Plotkin replied.

But when shown the Institute of Medicine’s 2011 report, which found the evidence “inadequate to accept or reject” a causal link between DTaP and autism, Plotkin countered, “Yes, but the point is that there were no studies showing that it does cause autism.”

In that moment, Plotkin embraced a fallacy: treating the absence of evidence as evidence of absence.

“You’re making assumptions, Dr Plotkin,” Siri challenged. “It would be a bit premature to make the unequivocal, sweeping statement that vaccines do not cause autism, correct?”

Plotkin relented. “As a scientist, I would say that I do not have evidence one way or the other.”

The MMR

The deposition also exposed the fragile foundations of the measles, mumps, and rubella (MMR) vaccine.

When Siri asked for evidence of randomised, placebo-controlled trials conducted before MMR’s licensing, Plotkin pushed back: “To say that it hasn’t been tested is absolute nonsense,” he said, claiming it had been studied “extensively.”

Pressed to cite a specific trial, Plotkin couldn’t name one. Instead, he gestured to his own 1,800-page textbook: “You can find them in this book, if you wish.”

Siri replied that he wanted an actual peer-reviewed study, not a reference to Plotkin’s own book. “So you’re not willing to provide them?” he asked. “You want us to just take your word for it?”

Plotkin became visibly frustrated.

Eventually, he conceded there wasn’t a single randomised, placebo-controlled trial. “I don’t remember there being a control group for the studies, I’m recalling,” he said.

The exchange foreshadowed a broader shift in public discourse, highlighting long-standing concerns that some combination vaccines were effectively grandfathered into the schedule without adequate safety testing.

In September this year, President Trump called for the MMR vaccine to be broken up into three separate injections.

The proposal echoed a view that Andrew Wakefield had voiced decades earlier — namely, that combining all three viruses into a single shot might pose greater risk than spacing them out.

Wakefield was vilified and struck from the medical register. But now, that same question — once branded as dangerous misinformation — is set to be re-examined by the CDC’s new vaccine advisory committee, chaired by Martin Kulldorff.

The Aluminium Adjuvant Blind Spot

Siri next turned to aluminium adjuvants — the immune-activating agents used in many childhood vaccines.

When asked whether studies had compared animals injected with aluminium to those given saline, Plotkin conceded that research on their safety was limited.

Siri pressed further, asking if aluminium injected into the body could travel to the brain. Plotkin replied, “I have not seen such studies, no, or not read such studies.”

When presented with a series of papers showing that aluminium can migrate to the brain, Plotkin admitted he had not studied the issue himself, acknowledging that there were experiments “suggesting that that is possible.”

Asked whether aluminium might disrupt neurological development in children, Plotkin stated, “I’m not aware that there is evidence that aluminum disrupts the developmental processes in susceptible children.”

Taken together, these exchanges revealed a striking gap in the evidence base.

Compounds such as aluminium hydroxide and aluminium phosphate have been injected into babies for decades, yet no rigorous studies have ever evaluated their neurotoxicity against an inert placebo.

This issue returned to the spotlight in September 2025, when President Trump pledged to remove aluminium from vaccines, and world-leading researcher Dr Christopher Exley renewed calls for its complete reassessment.

A Broken Safety Net

Siri then turned to the reliability of the Vaccine Adverse Event Reporting System (VAERS) — the primary mechanism for collecting reports of vaccine-related injuries in the United States.

Did Plotkin believe most adverse events were captured in this database?

“I think…probably most are reported,” he replied.

But Siri showed him a government-commissioned study by Harvard Pilgrim, which found that fewer than 1% of vaccine adverse events are reported to VAERS.

“Yes,” Plotkin said, backtracking. “I don’t really put much faith into the VAERS system…”

Yet this is the same database officials routinely cite to claim that “vaccines are safe.”

Ironically, Plotkin himself recently co-authored a provocative editorial in the New England Journal of Medicineconceding that vaccine safety monitoring remains grossly “inadequate.”

Experimenting on the Vulnerable

Perhaps the most chilling part of the deposition concerned Plotkin’s history of human experimentation.

“Have you ever used orphans to study an experimental vaccine?” Siri asked.

“Yes,” Plotkin replied.

“Have you ever used the mentally handicapped to study an experimental vaccine?” Siri asked.

“I don’t recollect…I wouldn’t deny that I may have done so,” Plotkin replied.

Siri cited a study conducted by Plotkin in which he had administered experimental rubella vaccines to institutionalised children who were “mentally retarded.”

Plotkin stated flippantly, “Okay well, in that case…that’s what I did.”

There was no apology, no sign of ethical reflection — just matter-of-fact acceptance.

Siri wasn’t done.

He asked if Plotkin had argued that it was better to test on those “who are human in form but not in social potential” rather than on healthy children.

Plotkin admitted to writing it.

Siri established that Plotkin had also conducted vaccine research on the babies of imprisoned mothers, and on colonised African populations.

Plotkin appeared to suggest that the scientific value of such studies outweighed the ethical lapses—an attitude that many would interpret as the classic ‘ends justify the means’ rationale.

But that logic fails the most basic test of informed consent. Siri asked whether consent had been obtained in these cases.

“I don’t remember…but I assume it was,” Plotkin said.

Assume?

This was post-Nuremberg research. And the leading vaccine developer in America couldn’t say for sure whether he had properly informed the people he experimented on.

In any other field of medicine, such lapses would be disqualifying.

A Casual Dismissal of Parental Rights

Plotkin’s indifference to experimenting on disabled children didn’t stop there.

Siri asked whether someone who declined a vaccine due to concerns about missing safety data should be labelled “anti-vax.”

Plotkin replied, “If they refused to be vaccinated themselves or refused to have their children vaccinated, I would call them an anti-vaccination person, yes.”

Plotkin was less concerned about adults making that choice for themselves, but he had no tolerance for parents making those choices for their own children.

“The situation for children is quite different,” said Plotkin, “because one is making a decision for somebody else and also making a decision that has important implications for public health.”

In Plotkin’s view, the state held greater authority than parents over a child’s medical decisions — even when the science was uncertain.

The Enabling of Figures Like Plotkin

The Plotkin deposition stands as a case study in how conflicts of interest, ideology, and deference to authority have corroded the scientific foundations of public health.

Plotkin is no fringe figure. He is celebrated, honoured, and revered. Yet he promotes vaccines that have never undergone true placebo-controlled testing, shrugs off the failures of post-market surveillance, and admits to experimenting on vulnerable populations.

This is not conjecture or conspiracy — it is sworn testimony from the man who helped build the modern vaccine program.

Now, as Health Secretary Robert F. Kennedy, Jr. reopens long-dismissed questions about aluminium adjuvants and the absence of long-term safety studies, Plotkin’s once-untouchable legacy is beginning to fray.

Republished from the author’s Substack

Maryanne Demasi

Maryanne Demasi, 2023 Brownstone Fellow, is an investigative medical reporter with a PhD in rheumatology, who writes for online media and top tiered medical journals. For over a decade, she produced TV documentaries for the Australian Broadcasting Corporation (ABC) and has worked as a speechwriter and political advisor for the South Australian Science Minister.

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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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