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Brownstone Institute

Zuckerberg openly admits the US government’s involvement in aggressive violation of the First Amendment

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From the Brownstone Institute

By Josh-StylmanJosh StylmanJeffrey A TuckerJeffrey A. Tucker 

Benjamin Franklin warned that those who would surrender essential liberty to purchase a little temporary safety deserve neither liberty nor safety

History will remember this era as the moment when America’s most sacred principles collided with unprecedented institutional power – and lost. The systematic dismantling of fundamental rights didn’t happen through military force or executive decree, but through the quiet cooperation of tech platforms, media gatekeepers, and government agencies, all claiming to protect us from “misinformation.”

Meta’s sudden dismantling of its fact-checking program – announced by Zuckerberg as a “cultural tipping point towards prioritizing speech” – reads like a quiet footnote to what history may record as one of the most staggering violations of fundamental rights in recent memory. After eight years of increasingly aggressive content moderation, including nearly 100 fact-checking organizations operating in over 60 languages, Meta is now pivoting to a community-driven system similar to X’s model.

In his announcement, Zuckerberg first suggests that the censorship was purely a technical mistake, and then changes his tune near the end and admits what has long been litigated: “The only way that we can push back on this global trend is with the support of the US government. And that’s why it’s been so difficult over the past 4 years when even the US government has pushed for censorship. By going after us and other American companies, it has emboldened other governments to go even further.”

In many court cases costing millions, involving vast FOIA requests, depositions, and discoveries, the truth of this has been documented in 100,000 pages of evidence. The Murthy v. Missouri case alone uncovered substantial communications through FOIA and depositions, revealing the depth of government coordination with social media platforms. The Supreme Court considered it all but several justices simply could not comprehend the substance and scale, and thus reversed a lower court injunction to stop it all. Now we have Zuckerberg openly admitting precisely what was in dispute: the US government’s involvement in aggressive violation of the First Amendment.

This should, at least, make it easier to find redress as the cases proceed. Still, it is frustrating. Tens of millions have been spent to prove what he could have admitted years ago. But back then, the censors were still in charge, and Facebook was guarding its relationship with the powers that be.

The timing of the shift is telling: a Trump ally joining the boardMeta’s president of global affairs being replaced by a prominent Republican, and a new administration preparing to take control. But while Zuckerberg frames this as a return to free speech principles, the damage of their experiment in mass censorship can’t be undone with a simple policy change.

The irony runs deep: private companies claiming independence while acting as extensions of state power. Consider our own experience: posting Mussolini’s definition of fascism as “the merger of state and corporate power” – only to have Meta remove it as “misinformation.” This wasn’t just censorship; it was meta-censorship – silencing discussion about the very mechanisms of control being deployed.

While tech platforms maintained the facade of private enterprise, their synchronized actions with government agencies revealed a more troubling reality: the emergence of exactly the kind of state-corporate fusion they were trying to prevent us from discussing.

As we’ve covered before, we didn’t just cross lines – we crossed sacred Rubicons created after humanity’s darkest chapters. The First Amendment, born from revolution against tyranny, and the Nuremberg Code, established after World War II’s horrors, were meant to be unbreakable guardians of human rights. Both were systematically dismantled in the name of “safety.” The same tactics of misinformation, fear, and government overreach that our ancestors warned against were deployed with frightening efficiency.

This systematic dismantling left no topic untouched: from discussions of vaccine effects to debates about virus origins to questions about mandate policies. Scientific discourse was replaced with approved narratives. Medical researchers couldn’t share findings that diverged from institutional positions, as seen in the removal of credible discussions of Covid-19 data and policy. Even personal experiences were labeled “misinformation” if they didn’t align with official messaging – a pattern that reached absurd heights when even discussing the nature of censorship itself became grounds for censorship.

The damage rippled through every layer of society. At the individual level, careers were destroyed and professional licenses revoked simply for sharing genuine experiences. Scientists and doctors who questioned prevailing narratives found themselves professionally ostracized. Many were made to feel isolated or irrational for trusting their own eyes and experiences when platforms labeled their firsthand accounts as “misinformation.”

The destruction of family bonds may prove even more lasting. Holiday tables emptied. Grandparents missed irreplaceable moments with grandchildren. Siblings who had been close for decades stopped speaking. Years of family connections shattered not over disagreements about facts, but over the very right to discuss them.

Perhaps most insidious was the community-level damage. Local groups splintered. Neighbors turned against neighbors. Small businesses faced blacklisting. Churches divided. School board meetings devolved into battlegrounds. The social fabric that enables civil society began unraveling – not because people held different views, but because the very possibility of dialogue was deemed dangerous.

The censors won. They showed that with enough institutional power, they could break apart the social fabric that makes free discourse possible. Now that this infrastructure for suppression exists, it stands ready to be deployed again for whatever cause seems urgent enough. The absence of a public reckoning sends a chilling message: there is no line that cannot be crossed, no principle that cannot be ignored.

True reconciliation demands more than Meta’s casual policy reversal. We need a full, transparent investigation documenting every instance of censorship – from suppressed vaccine injury reports to blocked scientific debates about virus origins to silenced voices questioning mandate policies. This isn’t about vindication – it’s about creating an unassailable public record ensuring these tactics can never be deployed again.

Our Constitution’s First Amendment wasn’t a suggestion – it was a sacred covenant written in the blood of those who fought tyranny. Its principles aren’t outdated relics but vital protections against the very overreach we just witnessed. When institutions treat these foundational rights as flexible guidelines rather than inviolable boundaries, the damage ripples far beyond any single platform or policy.

Like many in our circles, we witnessed this firsthand. But personal vindication isn’t the goal. Every voice silenced, every debate suppressed, every relationship fractured in service of “approved narratives” represents a tear in our social fabric that makes us all poorer. Without a full accounting and concrete safeguards against future overreach, we’re leaving future generations vulnerable to the same autocratic impulses wearing different masks.

The question isn’t whether we can restore what was lost – we can’t. The question is whether we’ll finally recognize these rights as truly inviolable, or continue treating them as inconvenient obstacles to be swept aside whenever fear and urgency demand it. Benjamin Franklin warned that those who would surrender essential liberty to purchase a little temporary safety deserve neither liberty nor safety. Our answer to this challenge will determine whether we leave our children a society that defends essential liberties or one that casually discards them in the name of safety.

Here is the full transcript of Mark Zuckerberg’s announcement, January 7, 2024:

Hey, everyone. I wanna talk about something important today because it’s time to get back to our roots around free expression on Facebook and Instagram. I started building social media to give people a voice. I gave a speech at Georgetown 5 years ago about the importance of protecting free expression, and I still believe this today. But a lot has happened over the last several years.

There’s been widespread debate about potential harms from online content, governments and legacy media have pushed to censor more and more. A lot of this is clearly political, but there’s also a lot of legitimately bad stuff out there. Drugs, terrorism, child exploitation. These are things that we take very seriously and I wanna make sure that we handle responsibly. So we built a lot of complex systems to moderate content, but the problem with complex systems is they make mistakes.

Even if they accidentally censor just 1% of posts, that’s millions of people. And we’ve reached a point where it’s just too many mistakes and too much censorship. The recent elections also feel like a cultural tipping point towards once again prioritizing speech. So we’re gonna get back to our roots and focus on reducing mistakes, simplifying our policies, and restoring free expression on our platforms. More specifically, here’s what we’re gonna do.

First, we’re gonna get rid of fact-checkers and replace them with community notes similar to X starting in the US. After Trump first got elected in 2016, the legacy media wrote nonstop about how misinformation was a threat to democracy. We tried in good faith to address those concerns without becoming the arbiters of truth, but the fact-checkers have just been too politically biased and have destroyed more trust than they’ve created, especially in the US. So over the next couple of months, we’re gonna phase in a more comprehensive community note system. Second, we’re gonna simplify our content policies and get rid of a bunch of restrictions on topics like immigration and gender that are just out of touch with mainstream discourse.

What started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas, and it’s gone too far. So I wanna make sure that people can share their beliefs and experiences on our platforms. Third, we’re changing how we enforce our policies to reduce the mistakes that account for the vast majority of censorship on our platforms. We used to have filters that scanned for any policy violation. Now we’re gonna focus those filters on tackling illegal and high severity violations.

And for lower severity violations, we’re going to rely on someone reporting an issue before we take action. The problem is that the filters make mistakes and they take down a lot of content that they shouldn’t. So by dialing them back, we’re gonna dramatically reduce the amount of censorship on our platforms. We’re also going to tune our content filters to require much higher confidence before taking down content. The reality is that this is a trade-off.

It means we’re gonna catch less bad stuff, but we’ll also reduce the number of innocent people’s posts and accounts that we accidentally take down. Fourth, we’re bringing back civic content. For a while, the community asked to see less politics because it was making people stressed. So we stopped recommending these posts, but it feels like we’re in a new era now and we’re starting to get feedback that people want to see this content again. So we’re gonna start phasing this back into Facebook, Instagram and Threads while working to keep the communities friendly and positive.

Fifth, we’re gonna move our trust and safety and content moderation teams out of California and our US-based content review is going to be based in Texas. As we work to promote free expression, I think that will help us build trust to do this work in places where there is less concern about the bias of our teams. Finally, we’re gonna work with President Trump to push back on governments around the world that are going after American companies and pushing to censor more. The US has the strongest constitutional protections for free expression in the world. Europe has an ever increasing number of laws institutionalizing censorship and making it difficult to build anything innovative there.

Latin American countries have secret courts that can order companies to quietly take things down. China has censored our apps from even working in the country. The only way that we can push back on this global trend is with the support of the US government. And that’s why it’s been so difficult over the past 4 years when even the US government has pushed for censorship. By going after us and other American companies, it has emboldened other governments to go even further.

But now we have the opportunity to restore free expression, and I am excited to take it. It’ll take time to get this right. And these are complex systems. They’re never gonna be perfect. There’s also a lot of illegal stuff that we still need to work very hard to remove.

But the bottom line is that after years of having our content moderation work focused primarily on removing content, it is time to focus on reducing mistakes, simplifying our systems, and getting back to our roots about giving people voice. I’m looking forward to this next chapter. Stay good out there and more to come soon.”


Published under a Creative Commons Attribution 4.0 International License
For reprints, please set the canonical link back to the original Brownstone Institute Article and Author.

Authors

Josh-Stylman

Joshua Stylman has been an entrepreneur and investor for over 30 years. For two decades, he focused on building and growing companies in the digital economy, co-founding and successfully exiting three businesses while investing in and mentoring dozens of technology startups. In 2014, seeking to create a meaningful impact in his local community, Stylman founded Threes Brewing, a craft brewery and hospitality company that became a beloved NYC institution. He served as CEO until 2022, stepping down after receiving backlash for speaking out against the city’s vaccine mandates. Today, Stylman lives in the Hudson Valley with his wife and children, where he balances family life with various business ventures and community engagement.

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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

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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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