Billions of dollars are spent each year on tobacco marketing expenditures. With the increasing use of e-cigarette products, businesses may feel tempted to expand their marketing to other audiences, including minors.

Considering recent marketing developments, there are laws in place which offer protections and attempt to shield minors from dangerous advertising practices. Although it’s illegal to sell e-cigarettes to minors, some advertisements still directly appeal to them.

Recently, Minnesota Attorney General Keith Ellison has taken action against distributors selling unauthorized flavored tobacco products in the state, including e-cigarettes and nicotine pouches not approved by the FDA.  He recently sent letters to over 5,000 retailers and distributors regarding the sale of unauthorized tobacco products in Minnesota. Ellison has since issued a statement, outlining that his actions aim to address the overall dangers of nicotine, especially to minors, who face increased health risks. For example, some nicotine products offer candy or fruit flavors which, according to Ellison, makes them particularly attractive to minors.

Ellison’s actions follow recent FDA clarifications regarding authorized e-cigarettes and nicotine products. As of July 2024, only 34 e-cigarettes and four oral nicotine products are authorized for sale in the U.S., as indicated in this chart issued by the FDA: https://digitalmedia.hhs.gov/tobacco/print_materials/CTP-250?locale=en.

Ultimately, Ellison’s goal is voluntary compliance. For more details, see the official August 29, 2024, press release from the Minnesota Attorney General’s office: https://www.ag.state.mn.us/Office/Communications/2024/08/29_VapingProducts.asp#:~:text=In%20the%20letter%2C%20Attorney%20General%20Ellison%20asks%20Minnesota%20tobacco%20retailers,distribute%20e%2Dcigarettes%20and%20oral

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