The Zyn flavored tobacco products settlement in Washington, D.C. is a significant legal action targeting the manufacturers of Zyn nicotine pouches for violating the District’s 2022 ban on flavored tobacco and nicotine products. The settlement resolves allegations that Swedish Match North America LLC (SMNA), a subsidiary of Philip Morris International, facilitated the sale of tens of thousands of flavored Zyn products to consumers in D.C. through online channels, despite the flavor ban.
Background of the Zyn Flavored Tobacco Products DC Settlement
Washington, D.C. enacted a ban on flavored tobacco and nicotine products effective October 1, 2022, aiming to curb youth access and addiction. An investigation by the D.C. Attorney General’s Office revealed that from October 1, 2022, through June 30, 2024, SMNA continued online sales of flavored Zyn nicotine pouches via its website (shop.zyn.com), which violated the District’s Consumer Protection Procedures Act (CPPA) and the flavor ban ordinance.
The Attorney General’s investigation followed a subpoena and detailed evidence showing that these sales were widespread despite the prohibition, posing risks of nicotine addiction among youth and the general population.
Settlement Terms and Compensation
- Settlement Amount: SMNA agreed to pay $1.2 million to the District of Columbia as part of the settlement.
- Compliance Requirements: In addition to monetary payment, SMNA must monitor distributors quarterly for compliance with the flavor ban and terminate relationships with distributors found repeatedly violating the ban.
- Prohibition of Online Sales: The settlement requires SMNA to prohibit sales of flavored tobacco products through its website (shop.zyn.com) and any associated e-commerce platforms in the District.
- Annual Compliance Reminders: SMNA must send yearly compliance notifications to all distributors and retailers in D.C. to reinforce the flavor ban requirements.
Legal Framework Behind the Settlement
The settlement is based on violations of the District of Columbia’s flavor ban enacted in 2022, which prohibits the sale, distribution, and purchase of flavored tobacco products to reduce youth tobacco initiation and addiction. Additionally, violations of the Consumer Protection Procedures Act (CPPA) were alleged due to deceptive trade practices facilitating illegal online sales.
Washington D.C. Attorney General Brian L. Schwalb emphasized the commitment to aggressively enforce the flavor ban to protect children’s health and safety.
Impact of the Settlement
- On Public Health: The settlement underscores efforts to combat youth nicotine addiction and prevent flavored tobacco product availability in D.C.
- On the Manufacturer: SMNA faces financial penalties and ongoing obligations to ensure distributor and retailer compliance with the flavor ban.
- On the Market: The settlement signals to other manufacturers and retailers the importance of adhering to flavor bans and regulatory restrictions in jurisdictions nationwide.
Consumer Guidance and Future Outlook
Consumers and advocacy groups view this settlement as a positive step toward reducing access to flavored nicotine products that appeal to youth. Continued vigilance by regulators and public health officials is expected to enforce stricter compliance.
Philip Morris and SMNA have ceased online sales of flavored Zyn products in D.C., focusing sales on physical retail stores while maintaining monitoring and compliance efforts.
The settlement serves as a precedent for similar enforcement actions in other jurisdictions considering or enforcing flavored tobacco bans.
Conclusion
The Zyn flavored tobacco products settlement in D.C. highlights the District’s commitment to enforcing its flavored tobacco ban to protect public health, especially youth. By imposing substantial penalties and compliance measures on SMNA, the settlement aims to prevent the continued illicit sale of flavored nicotine products online and ensure that future sales adhere strictly to legal standards.
This settlement reinforces the increasing regulatory scrutiny facing tobacco and nicotine product manufacturers nationwide, reflecting growing public health priorities to combat nicotine addiction through flavor restrictions and consumer protections.
