Michael M. Santiago/Getty Images; BI
- Zyn has stopped online sales after receiving a subpoena from the District of Columbia.
- DC banned flavored tobacco products, including nicotine pouches, in October 2022.
- Online sales make up a "very small" share of overall sales, Zyn's parent company said.
Zyn, which was already in short supply in some stores, could get tougher to buy after the company halted online sales.
On Monday, the maker of the popular nicotine pouch said the company received a subpoena from the District of Columbia's attorney general about sales of flavored products. Zyn's flavors include peppermint, cinnamon, and citrus.
Flavored tobacco products, including flavored nicotine pouches, have been banned in DC since October 2022.
Zyn parent company Philip Morris International said it intends to comply with the subpoena.
"Our preliminary investigation indicates that there have been sales of flavored nicotine pouch products in D.C., predominantly related to certain online sales platforms and some independent retailers," PMI said in a statement on Monday.
The company said a "material liability is reasonably possible," and that Zyn.com sales make up a "very small" share of nationwide sales volumes. In February, PMI said that it shipped nearly 385 million cans of pouches in the US in 2023, 62% higher than its 2022 shipments.
Zyn produces two "unflavored" varieties called Smooth and Chill — these are advertised as "Flavor Ban approved" on its website. It is unclear if these two varieties are allowed for sale in DC.
Similar flavored tobacco bans are also in place in California, New York, and Massachusetts.
PMI did not immediately respond to BI's request for comment sent outside standard business hours. Zyn's website said it expects to restart shipments "in the coming weeks."
Zyn has also been on the government's radar for underage sales.
In April, the Food and Drug Administration said it sent 119 warning letters to retailers and filed 41 civil complaints for sales of Zyn to underage buyers last year and this year. In its statement about the DC subpoena, PMI said only those 21 and above can access Zyn's website.
Medical experts and research studies warn nicotine — including in pouches — can be addictive and can have harmful effects on the body, including its cardiovascular and respiratory systems, BI previously reported.
A suspension of online sales could worsen the Zyn shortage, which has caused a frenzy among loyal fans of the chewing-gum-like nicotine pouches.
PMI's chief financial officer acknowledged the shortages in recent conferences and said that the company is looking to fill supply chain gaps by the end of the year.