GRAFTON, Mass. — Nearly 40 Massachusetts businesses were recently informed by their regional health department that they can no longer sell certain nicotine pouches. The health department stated they’re following the state’s ban on the sale of flavored tobacco products, but a local group that represents convenience stores opposes that directive and says the board is out of line.
In the letter sent to 39 businesses in Shrewsbury, Grafton, and West Boylston, the Central Massachusetts Regional Health Department informed them they can no longer sell three and six milligram varieties of Zyn Chill and Zyn Smooth nicotine pouches.
The pouches are small, made out of synthetic fiber and filled with nicotine powder. They’re meant to be put between the lip and gum of the user. Oftentimes, these products are considered as healthier alternatives to cigarettes or chewing tobacco.
The executive director of the New England Convenience Store and Energy Marketers Association, Peter Brennan said the local health board is “out of control.”
“What you have now is just a patchwork of regulation pushed by local health boards and tobacco control people that makes no sense because this is not what the flavor ban intended. The flavor ban was intended to ban things like cotton candy vapes, bubble-gum flavored tobacco products that you could easily see as being marketed to kids. These more subtle nicotine pouches are not marketed to kids at all,” Brennan explained.
Regional Public Health Director for the Central MA Regional Health Department, Annette Garcia explained in a statement that “during the ingredient analysis for Zyn products, the FDA determined that the Smooth and Chill varieties contained an ingredient that imparted a non-tobacco charactering flavor.”
That distinction prompted the board to determine that the products violated the Massachusetts law that bans the sale of flavored tobacco products.
The Cumberland Farms store in Grafton was impacted by the ban. Inside the store on Upton St., empty rows of shelves can be seen where those products once lived.
Customers had mixed opinions on the ban.
“It’s crazy to me, it doesn’t make sense,” Jon Kenadek said. “Too much government overreach.”
“I can see both sides,” Nicholas Athanas said.
“They put this stuff out on the market, how can you say its healthy?” Robin Grant questioned.
While Zyns are off the shelves, it seems that other nicotine pouches that do have a characterizing flavor of tobacco can stay. The letter from the health department reads, “tobacco products with a characterizing flavor other than tobacco may not be sold in Massachusetts.”
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