Pray for Us Zynners
New York's proposed ban on nicotine pouches ignores science, consumer choice, and the lessons of prohibition.
New York politicians are again targeting the finance sector—this time with a proposed ban on flavored nicotine pouches.
The proposal, sponsored by state Sen. Brad Hoylman-Sigal (D–Manhattan), follows a one-two punch from Democratic Gov. Kathy Hochul to bar private equity from real estate investments and to outlaw "buy now, pay later" options on internet purchases.
Nicotine pouches (including ZYN, Sesh, and Excel) deliver a buzz that keeps minds sharp and margins strong. Those in the know attest to the unparalleled edge that nicotine pouches provide. They help you lock in when you need it most: generating slide decks for client meetings, running models for your managing director, or pretending to understand what your quant just pulled from the terminal.
Jokes aside, this proposal would be bad public health policy.
Nicotine pouches—almond-sized packets users place between the lip and the gums—are an alternative to cigarettes and other harmful tobacco products. They contain a derived version of the nicotine compound that tobacco users crave without the carcinogenic sluff that comes with cigarettes and smokeless tobacco.
Cigarettes, still popular despite declining smoking rates, are high-risk. Cigarette smoke contains at least 70 known carcinogens, including benzene and arsenic. Smokeless tobacco—chew and dip—doesn't burn, but it still contains 28 known carcinogens, dramatically increasing the risk of oral, esophageal, and pancreatic cancers.
Nicotine pouches contain no tobacco leaf and no known carcinogens. They just deliver nicotine—potentially addictive, yes, but not known to be inherently harmful. Indeed, they are harm reducers, giving people who want the concentration and mood benefits of the compound an option that avoids the grave risks more traditional products pose. Last year a randomized controlled trial in the journal Nicotine & Tobacco Research concluded that pouches "show the potential" of alternative nicotine delivery systems in helping smokers kick the habit. Viewed in that context, the trebling of pouch sales in New York state since 2022 is good news.
Recognizing the positive tradeoffs, the U.S. Food and Drug Administration (FDA) granted ZYN authorization in January to market its flavored pouches nationally under its premarket tobacco product application pathway "following an extensive scientific review." According to the FDA, these products met the public health standard legally required by the 2009 Family Smoking Prevention and Tobacco Control Act, which "considers the risks and benefits of products to the population as a whole."
Hoylman-Sigal argues that kids will see pouches as glamorous, but there's no good evidence of that. Among American middle and high school students, tobacco use continues on a downward trend. From 2023 to 2024, the Centers for Disease Control and Prevention reports that use of any tobacco product in that age group fell from 13 percent to 10 percent. Less than 2 percent used pouches.
And as with all banned substances, outlawing flavored nicotine pouches will spark a black market and create a whole new kind of derivative trading. Unless Hoylman-Sigal wants a network of finance interns smuggling arbitraged wintergreen on the PATH train from Jersey City, they ought to can this ban.
