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Brownstone Institute

Conservatives Cancel the Cancellers

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21 minute read

From the Brownstone Institute

By REBEKAH BARNETT 

The irony is thick, given that some of those doing the cancelling are known for their prior staunch efforts to protect free speech, raising questions about whether some wish to protect free speech in principle or just the speech they agree with.

Calls for deportation of a comedy band over a failed joke and efforts to get ordinary working-class people sacked for saying terrible things out loud…

These are the kinds of actions one might expect from a progressive woke cancel culture mob, but in the wake of the failed assassination attempt on Donald Trump, it’s conservatives who have led the charge to cancel their political enemies over speech.

The irony is thick, given that some of those doing the cancelling are known for their prior staunch efforts to protect free speech, raising questions about whether some wish to protect free speech in principle or just the speech they agree with.

Assassination Joke Misfire

In Australia, a storm in teacup developed this week after a tasteless joke seeded clouds of discontent within conservative ‘freedom’ circles.

If you haven’t heard, Kyle Gass, of comedy band Tenacious D, quipped “Don’t miss Trump next time” as a 64th birthday wish while on stage in Sydney on Sunday night. It was in very poor taste, though the audience hooted and laughed.

Being that the duo is famous for taking irreverent silliness all the way to 11 on the dial, with antics like running on the beach in boxers and unitard in their cover of Chris Isaak’s ‘Wicked Game,’ and their peak silly song ‘Tribute’, you might expect a collective eye roll in response to Gass’s misstep.

But these are woke cancel culture times, defined by the dogged, humourless commitment to interpreting jokes as serious statements of intent, and the hysterical belief that words are tantamount to violence.

Gass’s bandmate Jack Black issued a formal apology and announced the cancellation of the band’s Australian tour. Gass soon apologised himself and has reportedly been dropped by his agency.

But that was not enough for upset Trump supporters Down Under, who enthusiastically called for Tenacious D’s deportation from the country.

“Tenacious D should be immediately removed from the country after wishing for the assassination of Donald Trump at their Sydney concert,” said Senator Ralph Babet of the United Australia Party in a statement, viewed over four million times on X.

“This was not a joke, he was deadly serious when he wished for the death of the President…Anything less than deportation is an endorsement of the shooting and attempted assassination of Donald J Trump, the 45th and soon-to-be 47th President of the United States,” he said.

Senator Babet reasoned that as Australia had wrongly deported Novak Djokovic in 2022 over his anti-Covid vaccination views, we should now also deport Tenacious D.

“Australia wrongly locked up Novak Djokovic and deported him because he allegedly undermined public trust in vaccination. Allowing Tenacious D to remain in Australia after calling for the death of a President is unthinkable, and it affirms the weakness of our current Prime Minister,” Senator Babet said.

Commenters praised Senator Babet for his “leadership.”

Left-wing news site Crikey was quick to point out the apparent double standard:

This is the same senator who in April refused to take down graphic footage of the attack on Bishop Mar Mari Emmanuel from his X account because: “Without free speech our nation will fall.” Late last year the senator sent Communications Minister Michelle Rowland 152 “postcard-style” submissions regarding the draft Combatting Misinformation and Disinformation Bill “on behalf of members of the public”, like the following:

Simon Collins of the West Australian similarly called out the hypocrisy of “blowhards” calling for Tenacious D’s cancellation and deportation, people who at the same time “proclaim to be advocates for free speech.” That said, Collins failed to mention the central role he allegedly played in getting Perth comedian Corey White’s run of shows cancelled at the 2021 Fringe Festival over an offensive joke.

Raising the hypocrisy stakes even higher, conservative influencer Chaya Raichick used her ‘Libs of TikTok’ platform (with over 3.2 million followers on X) to doxx minimum-wage workers and get them fired for wishing the Trump shooter, Thomas Matthew Crooks, had aimed better.

Raichick boasted on her Substack,

In fact, because of Libs of TikTok, TEN DERANGED LEFTISTS have already been FIRED from their jobs because we showed the world that they support murdering President Trump.

It is uncertain how many of these ten were public figures, but at least some of those fired are reported to be ordinary working-class Americans, including Home Depot worker Darcy Waldron Pinckney, who ill-advisedly posted to Facebook, “To [sic] bad they weren’t a better shooter!!!!!”

This effort has been enthusiastically supported by Riachick’s followers. “We got another one!” posted one commenter under a post doxxing a New Jersey Education Association employee for expressing her disappointment on social media that the shooter missed.

Yet, Raichick and her supporters previously complained loudly when Washington Post journalist Taylor Lorenz doxxed her, with Raichick calling Lorenz’s actions “abhorrent.”

Protected Speech Vs. Incitement to Violence

In the US and Australia, as in most Western liberal democracies, free speech is protected. The US has robust speech protections under the First Amendment, while Australia has the less robust implied freedom of political communication.

However, where speech causes, or is likely to cause harm, governments put legal limitations on speech rights. While the proliferation of hate speech and online harm bills is a testament to the ballooning definition of harm in Western academia and policymaking, incitement of physical violence is a foundational interpretation of the limit to free speech.

In both Australia and the US, speech that incites someone to commit a crime of violence is against the law, and in the US it is a felony to threaten the life of a president.

But not all statements expressing a wish for harm are a ‘true threat.’ In a 1971 interview with Flash Magazine, Groucho Marx quipped, “I think the only hope this country has is Nixon’s assassination,” but he was not arrested.

In contrast, David Hilliard of the Black Panther Party was charged in 1969 – and then acquitted in 1971 – for stating publicly before a crowd that President Nixon was “responsible for all the attacks on the Black Panther Party nationally,” adding “We will kill Richard Nixon.”

Asked to explain the different treatment of the two cases despite the similar rhetoric used by Marx and Hilliard, US Attorney James L. Browning, Jr. responded,

It is one thing to say that “I (or we) will kill Richard Nixon” when you are the leader of an organization which advocates killing people and overthrowing the Government; it is quite another to utter the words which are attributed to Mr. Marx, an alleged comedian. It was the opinion of both myself and the United States Attorney in Los Angeles (where Marx’s words were alleged to have been uttered) that the latter utterance did not constitute a “true” threat.

In other words, context matters.

Bad jokes or incitement?

Conservatives going after people wishing that the Trump assassination attempt had been successful, whether joking or otherwise, claim that their comments are “call[s] to political violence,” to use Senator Babet’s phrase.

But jokes like Gass’s birthday wish wouldn’t meet the legal threshold for incitement to violence, says James Allan, Professor of Law at the University of Queensland.

“A reasonable person would have to understand it as actually trying to incite violence,” Professor Allan told me. “I think he was just being a virtue-signalling leftie. I don’t think he actually intended to counsel violence, and I suspect most people wouldn’t take it that way.”

Dr Reuben Kirkham of the Free Speech Union of Australia (FSU) agrees that Gass’s joke would not qualify as incitement under the law in New South Wales, where Gass said the bad thing.

“Outside of incitement provisions focussed on specific protected characteristics, the person must intend that the offence be committed. A joke at a comedy event is unlikely to meet this standard, let alone to the ‘reasonable doubt’ standard,” Dr Kirkham said, echoing Professor Allan. “It might be in poor taste, but taste is thankfully not something that the law polices,” he added.

But Tony Nikolic, Director of Sydney law firm Ashley, Francina, Leonard & Associates told me he believes that Gass’s comment was “clear-cut incitement and should be called out.”

“Free expression is a cornerstone of democracy. However, rhetoric that crosses into inciting violence or hatred can have dangerous consequences,” Nikolic said. “We have laws to address that in Australia and they should have been used to indict the offender.”

Conservative Game Theory

Professor Allan said that while he doesn’t think prosecution or deportation is appropriate in Gass’s case, there are social consequences for saying “idiotic things” from a public platform.

“I definitely wouldn’t support [Gass]. His agent has dropped him. People don’t have to associate with people who say idiotic things. If he came out with a grovelling apology…I’d be inclined to say, OK, fine.”

Nevertheless, he warned that cancel culture writ large is not a good strategy for anyone who truly values protecting free speech.

“The problem is you go down the cancel culture route and you become as bad as the other side,” Professor Allan said. “I understand that there’s a certain sort of game theory element, that if they do it to us, we need to do it back to them, and in some areas I agree with that.

“But with speech, it is better not to play the cancel game. The other side reveals how they actually think. We want to know that. We should fight against our views being cancelled and fight hard, but not make the error of cancelling theirs. The more they talk, the more people can see the insipid, doctrinaire foundations to their views.”

Others disagree.

In an article called ‘In Defense of Cancel Culture’ in the American Spectator this week, Nate Hochman argued that the right should adopt a new, much more aggressive strategy in dealing with its political opponents: mutually assured destruction (MAD).

Hochman’s thesis is essentially that the left has debased the political discourse to such a degree that playing nice and principled is a losing game. Instead, he counsels “a short-term escalation to force a long-term de-escalation.”

This means punishing progressives for their bad behaviour in the same way that they have done to conservatives until they understand, “at a visceral level, the penalties for the system that they themselves constructed.” He reminds readers that roughly half of Democrats wanted to fine and imprison unvaccinated Americans in 2022 (in the US, Covid vaccination is a highly partisan issue).

Once progressives feel that the negatives of the cancel culture they’ve fostered outweigh the positives, said Hochman, “then, and only then, will the incentives truly change.”

Commentators in the blogosphere and on social media have offered similarly revanchist takes.

“No one wants to live a world characterized by (metaphorical) nuclear exchanges, but nuclear exchanges, once they become part of the universe of discourse, and [sic] held off only by deterrence, not decency,” wrote author Devon Erikson on X.

Pseudonymous Substacker John Carter catalogued a selection of such nuclear exchanges, including this “short list of how “Turn the other cheek” absolutely didn’t moderate the Left.”

“The left has been absolutely ruthless and relentless in its pursuit of total monolithic discursive purity,” he inveighed, suggesting that so long as conservatives are surgical in their use of political violence to achieve their goal – “ending leftist violence” – all will be well. “We can be magnanimous after victory.”

Source: Substack

Doxxing Ordinary People Puts Harm in ‘Digital Granite’

Free speech purists will find the MAD strategy a hard pill to swallow – especially those who have paid a price to take a principled stand against cancel culture.

Former corporate journalist Alison Bevege is one of these people.

In 2020, during the first year of the Covid pandemic, Bevege was asked to work on an article on ‘Bunnings Karen,’ after footage circulated online of an unmasked woman arguing with Bunnings staff over her refusal to wear a mask inside.

But then, “it wasn’t enough just to kind of shame Bunnings Karen – they wanted me to find out her name, to try to find her on social media. And I didn’t want to do that,” Bevege told me, explaining that there should be a distinction between how we dole out social consequences to public figures and how we deal with private citizens. She left the Daily Mail soon after.

“You know, cancel culture has two components. One component is the shaming of the act, where you might share the video of some stupid thing that someone did, and everyone can laugh at it. I don’t really have a problem with that. That’s part of how we reinforce social norms,” said Bevege.

“But it’s the second part of cancel culture that I don’t like. And that is when you try to make that person really suffer by, for example, trying to get them to lose their job or trying to make it stick to them forever in a permanent way, like trying to damage someone with it.”

Bevege, who now publishes on her own Substack, Letters From Australia, and drives buses, gave the example of a prospective employer googling the name of a person who’s been shamed online.

“When you have a member of the public, you don’t know if that person’s had a bad day, if they’re mentally ill, if they’ve just lost their parents, if they’re drunk or on drugs. But when you name someone online it’s in digital granite. It’s there forever, and can really affect their lives.”

This is where Bevege draws the line. In MAD game theory though, this is the acceptable cost of “ending leftist violence,” if the victim is a Home Depot worker wishing for a successful presidential assassination.

Deportation Should Not Be Used for Censorship of Debate

In the case of public figures like Gass doing dumb things on stage, Bevege said people should by all means “rip the shit out of him…and don’t go to a show,” but that deportation would be “ridiculous.”

“I like Senator Babet because he’s really stood up for the vaccine injured. But we’ve got to stop deporting and banning people for speech,” said Bevege, recalling the time polarising UK personality Katie Hopkins was deported from Australia for joking online about planning to breach Covid quarantine rules and for describing the lockdown as a “hoax.”

Nikolic and Dr Kirkham also raised concerns over migration laws being used as a tool for censorship. Nikolic has been a vocal critic of the conservative Australian Government’s deportation of star tennis player Novak Djokovic in January 2022 for his anti-Covid vaccination views. And, Dr Kirkham pointed to the delay of Irish women’s rights and gender critical activist Graham Linehan’s visa application earlier this year while Australian authorities conducted a “character assessment,” despite Linehan having no criminal record.

“Freedom of speech exists for the views that you don’t like, and you have to tolerate those views,” said Bevege.

Unfortunately, an increasing number of conservatives seem to be running short of tolerance.

Republished from the author’s Substack

Author

Rebekah Barnett is a Brownstone Institute fellow, independent journalist and advocate for Australians injured by the Covid vaccines. She holds a BA in Communications from the University of Western Australia, and writes for her Substack, Dystopian Down Under.

Before Post

After 15 years as a TV reporter with Global and CBC and as news director of RDTV in Red Deer, Duane set out on his own 2008 as a visual storyteller. During this period, he became fascinated with a burgeoning online world and how it could better serve local communities. This fascination led to Todayville, launched in 2016.

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Brownstone Institute

The Unmasking of Vaccine Science

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From the Brownstone Institute

By Maryanne DemasiMaryanne Demasi  

I recently purchased Aaron Siri’s new book Vaccines, Amen.  As I flipped though the pages, I noticed a section devoted to his now-famous deposition of Dr Stanley Plotkin, the “godfather” of vaccines.

I’d seen viral clips circulating on social media, but I had never taken the time to read the full transcript — until now.

Siri’s interrogation was methodical and unflinching…a masterclass in extracting uncomfortable truths.

In January 2018, Dr Stanley Plotkin, a towering figure in immunology and co-developer of the rubella vaccine, was deposed under oath in Pennsylvania by attorney Aaron Siri.

The case stemmed from a custody dispute in Michigan, where divorced parents disagreed over whether their daughter should be vaccinated. Plotkin had agreed to testify in support of vaccination on behalf of the father.

What followed over the next nine hours, captured in a 400-page transcript, was extraordinary.

Plotkin’s testimony revealed ethical blind spots, scientific hubris, and a troubling indifference to vaccine safety data.

He mocked religious objectors, defended experiments on mentally disabled children, and dismissed glaring weaknesses in vaccine surveillance systems.

A System Built on Conflicts

From the outset, Plotkin admitted to a web of industry entanglements.

He confirmed receiving payments from Merck, Sanofi, GSK, Pfizer, and several biotech firms. These were not occasional consultancies but long-standing financial relationships with the very manufacturers of the vaccines he promoted.

Plotkin appeared taken aback when Siri questioned his financial windfall from royalties on products like RotaTeq, and expressed surprise at the “tone” of the deposition.

Siri pressed on: “You didn’t anticipate that your financial dealings with those companies would be relevant?”

Plotkin replied: “I guess, no, I did not perceive that that was relevant to my opinion as to whether a child should receive vaccines.”

The man entrusted with shaping national vaccine policy had a direct financial stake in its expansion, yet he brushed it aside as irrelevant.

Contempt for Religious Dissent

Siri questioned Plotkin on his past statements, including one in which he described vaccine critics as “religious zealots who believe that the will of God includes death and disease.”

Siri asked whether he stood by that statement. Plotkin replied emphatically, “I absolutely do.”

Plotkin was not interested in ethical pluralism or accommodating divergent moral frameworks. For him, public health was a war, and religious objectors were the enemy.

He also admitted to using human foetal cells in vaccine production — specifically WI-38, a cell line derived from an aborted foetus at three months’ gestation.

Siri asked if Plotkin had authored papers involving dozens of abortions for tissue collection. Plotkin shrugged: “I don’t remember the exact number…but quite a few.”

Plotkin regarded this as a scientific necessity, though for many people — including Catholics and Orthodox Jews — it remains a profound moral concern.

Rather than acknowledging such sensitivities, Plotkin dismissed them outright, rejecting the idea that faith-based values should influence public health policy.

That kind of absolutism, where scientific aims override moral boundaries, has since drawn criticism from ethicists and public health leaders alike.

As NIH director Jay Bhattacharya later observed during his 2025 Senate confirmation hearing, such absolutism erodes trust.

“In public health, we need to make sure the products of science are ethically acceptable to everybody,” he said. “Having alternatives that are not ethically conflicted with foetal cell lines is not just an ethical issue — it’s a public health issue.”

Safety Assumed, Not Proven

When the discussion turned to safety, Siri asked, “Are you aware of any study that compares vaccinated children to completely unvaccinated children?”

Plotkin replied that he was “not aware of well-controlled studies.”

Asked why no placebo-controlled trials had been conducted on routine childhood vaccines such as hepatitis B, Plotkin said such trials would be “ethically difficult.”

That rationale, Siri noted, creates a scientific blind spot. If trials are deemed too unethical to conduct, then gold-standard safety data — the kind required for other pharmaceuticals — simply do not exist for the full childhood vaccine schedule.

Siri pointed to one example: Merck’s hepatitis B vaccine, administered to newborns. The company had only monitored participants for adverse events for five days after injection.

Plotkin didn’t dispute it. “Five days is certainly short for follow-up,” he admitted, but claimed that “most serious events” would occur within that time frame.

Siri challenged the idea that such a narrow window could capture meaningful safety data — especially when autoimmune or neurodevelopmental effects could take weeks or months to emerge.

Siri pushed on. He asked Plotkin if the DTaP and Tdap vaccines — for diphtheria, tetanus and pertussis — could cause autism.

“I feel confident they do not,” Plotkin replied.

But when shown the Institute of Medicine’s 2011 report, which found the evidence “inadequate to accept or reject” a causal link between DTaP and autism, Plotkin countered, “Yes, but the point is that there were no studies showing that it does cause autism.”

In that moment, Plotkin embraced a fallacy: treating the absence of evidence as evidence of absence.

“You’re making assumptions, Dr Plotkin,” Siri challenged. “It would be a bit premature to make the unequivocal, sweeping statement that vaccines do not cause autism, correct?”

Plotkin relented. “As a scientist, I would say that I do not have evidence one way or the other.”

The MMR

The deposition also exposed the fragile foundations of the measles, mumps, and rubella (MMR) vaccine.

When Siri asked for evidence of randomised, placebo-controlled trials conducted before MMR’s licensing, Plotkin pushed back: “To say that it hasn’t been tested is absolute nonsense,” he said, claiming it had been studied “extensively.”

Pressed to cite a specific trial, Plotkin couldn’t name one. Instead, he gestured to his own 1,800-page textbook: “You can find them in this book, if you wish.”

Siri replied that he wanted an actual peer-reviewed study, not a reference to Plotkin’s own book. “So you’re not willing to provide them?” he asked. “You want us to just take your word for it?”

Plotkin became visibly frustrated.

Eventually, he conceded there wasn’t a single randomised, placebo-controlled trial. “I don’t remember there being a control group for the studies, I’m recalling,” he said.

The exchange foreshadowed a broader shift in public discourse, highlighting long-standing concerns that some combination vaccines were effectively grandfathered into the schedule without adequate safety testing.

In September this year, President Trump called for the MMR vaccine to be broken up into three separate injections.

The proposal echoed a view that Andrew Wakefield had voiced decades earlier — namely, that combining all three viruses into a single shot might pose greater risk than spacing them out.

Wakefield was vilified and struck from the medical register. But now, that same question — once branded as dangerous misinformation — is set to be re-examined by the CDC’s new vaccine advisory committee, chaired by Martin Kulldorff.

The Aluminium Adjuvant Blind Spot

Siri next turned to aluminium adjuvants — the immune-activating agents used in many childhood vaccines.

When asked whether studies had compared animals injected with aluminium to those given saline, Plotkin conceded that research on their safety was limited.

Siri pressed further, asking if aluminium injected into the body could travel to the brain. Plotkin replied, “I have not seen such studies, no, or not read such studies.”

When presented with a series of papers showing that aluminium can migrate to the brain, Plotkin admitted he had not studied the issue himself, acknowledging that there were experiments “suggesting that that is possible.”

Asked whether aluminium might disrupt neurological development in children, Plotkin stated, “I’m not aware that there is evidence that aluminum disrupts the developmental processes in susceptible children.”

Taken together, these exchanges revealed a striking gap in the evidence base.

Compounds such as aluminium hydroxide and aluminium phosphate have been injected into babies for decades, yet no rigorous studies have ever evaluated their neurotoxicity against an inert placebo.

This issue returned to the spotlight in September 2025, when President Trump pledged to remove aluminium from vaccines, and world-leading researcher Dr Christopher Exley renewed calls for its complete reassessment.

A Broken Safety Net

Siri then turned to the reliability of the Vaccine Adverse Event Reporting System (VAERS) — the primary mechanism for collecting reports of vaccine-related injuries in the United States.

Did Plotkin believe most adverse events were captured in this database?

“I think…probably most are reported,” he replied.

But Siri showed him a government-commissioned study by Harvard Pilgrim, which found that fewer than 1% of vaccine adverse events are reported to VAERS.

“Yes,” Plotkin said, backtracking. “I don’t really put much faith into the VAERS system…”

Yet this is the same database officials routinely cite to claim that “vaccines are safe.”

Ironically, Plotkin himself recently co-authored a provocative editorial in the New England Journal of Medicineconceding that vaccine safety monitoring remains grossly “inadequate.”

Experimenting on the Vulnerable

Perhaps the most chilling part of the deposition concerned Plotkin’s history of human experimentation.

“Have you ever used orphans to study an experimental vaccine?” Siri asked.

“Yes,” Plotkin replied.

“Have you ever used the mentally handicapped to study an experimental vaccine?” Siri asked.

“I don’t recollect…I wouldn’t deny that I may have done so,” Plotkin replied.

Siri cited a study conducted by Plotkin in which he had administered experimental rubella vaccines to institutionalised children who were “mentally retarded.”

Plotkin stated flippantly, “Okay well, in that case…that’s what I did.”

There was no apology, no sign of ethical reflection — just matter-of-fact acceptance.

Siri wasn’t done.

He asked if Plotkin had argued that it was better to test on those “who are human in form but not in social potential” rather than on healthy children.

Plotkin admitted to writing it.

Siri established that Plotkin had also conducted vaccine research on the babies of imprisoned mothers, and on colonised African populations.

Plotkin appeared to suggest that the scientific value of such studies outweighed the ethical lapses—an attitude that many would interpret as the classic ‘ends justify the means’ rationale.

But that logic fails the most basic test of informed consent. Siri asked whether consent had been obtained in these cases.

“I don’t remember…but I assume it was,” Plotkin said.

Assume?

This was post-Nuremberg research. And the leading vaccine developer in America couldn’t say for sure whether he had properly informed the people he experimented on.

In any other field of medicine, such lapses would be disqualifying.

A Casual Dismissal of Parental Rights

Plotkin’s indifference to experimenting on disabled children didn’t stop there.

Siri asked whether someone who declined a vaccine due to concerns about missing safety data should be labelled “anti-vax.”

Plotkin replied, “If they refused to be vaccinated themselves or refused to have their children vaccinated, I would call them an anti-vaccination person, yes.”

Plotkin was less concerned about adults making that choice for themselves, but he had no tolerance for parents making those choices for their own children.

“The situation for children is quite different,” said Plotkin, “because one is making a decision for somebody else and also making a decision that has important implications for public health.”

In Plotkin’s view, the state held greater authority than parents over a child’s medical decisions — even when the science was uncertain.

The Enabling of Figures Like Plotkin

The Plotkin deposition stands as a case study in how conflicts of interest, ideology, and deference to authority have corroded the scientific foundations of public health.

Plotkin is no fringe figure. He is celebrated, honoured, and revered. Yet he promotes vaccines that have never undergone true placebo-controlled testing, shrugs off the failures of post-market surveillance, and admits to experimenting on vulnerable populations.

This is not conjecture or conspiracy — it is sworn testimony from the man who helped build the modern vaccine program.

Now, as Health Secretary Robert F. Kennedy, Jr. reopens long-dismissed questions about aluminium adjuvants and the absence of long-term safety studies, Plotkin’s once-untouchable legacy is beginning to fray.

Republished from the author’s Substack

Maryanne Demasi

Maryanne Demasi, 2023 Brownstone Fellow, is an investigative medical reporter with a PhD in rheumatology, who writes for online media and top tiered medical journals. For over a decade, she produced TV documentaries for the Australian Broadcasting Corporation (ABC) and has worked as a speechwriter and political advisor for the South Australian Science Minister.

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Brownstone Institute

Bizarre Decisions about Nicotine Pouches Lead to the Wrong Products on Shelves

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From the Brownstone Institute

  Roger Bate  

A walk through a dozen convenience stores in Montgomery County, Pennsylvania, says a lot about how US nicotine policy actually works. Only about one in eight nicotine-pouch products for sale is legal. The rest are unauthorized—but they’re not all the same. Some are brightly branded, with uncertain ingredients, not approved by any Western regulator, and clearly aimed at impulse buyers. Others—like Sweden’s NOAT—are the opposite: muted, well-made, adult-oriented, and already approved for sale in Europe.

Yet in the United States, NOAT has been told to stop selling. In September 2025, the Food and Drug Administration (FDA) issued the company a warning letter for offering nicotine pouches without marketing authorization. That might make sense if the products were dangerous, but they appear to be among the safest on the market: mild flavors, low nicotine levels, and recyclable paper packaging. In Europe, regulators consider them acceptable. In America, they’re banned. The decision looks, at best, strange—and possibly arbitrary.

What the Market Shows

My October 2025 audit was straightforward. I visited twelve stores and recorded every distinct pouch product visible for sale at the counter. If the item matched one of the twenty ZYN products that the FDA authorized in January, it was counted as legal. Everything else was counted as illegal.

Two of the stores told me they had recently received FDA letters and had already removed most illegal stock. The other ten stores were still dominated by unauthorized products—more than 93 percent of what was on display. Across all twelve locations, about 12 percent of products were legal ZYN, and about 88 percent were not.

The illegal share wasn’t uniform. Many of the unauthorized products were clearly high-nicotine imports with flashy names like Loop, Velo, and Zimo. These products may be fine, but some are probably high in contaminants, and a few often with very high nicotine levels. Others were subdued, plainly meant for adult users. NOAT was a good example of that second group: simple packaging, oat-based filler, restrained flavoring, and branding that makes no effort to look “cool.” It’s the kind of product any regulator serious about harm reduction would welcome.

Enforcement Works

To the FDA’s credit, enforcement does make a difference. The two stores that received official letters quickly pulled their illegal stock. That mirrors the agency’s broader efforts this year: new import alerts to detain unauthorized tobacco products at the border (see also Import Alert 98-06), and hundreds of warning letters to retailers, importers, and distributors.

But effective enforcement can’t solve a supply problem. The list of legal nicotine-pouch products is still extremely short—only a narrow range of ZYN items. Adults who want more variety, or stores that want to meet that demand, inevitably turn to gray-market suppliers. The more limited the legal catalog, the more the illegal market thrives.

Why the NOAT Decision Appears Bizarre

The FDA’s own actions make the situation hard to explain. In January 2025, it authorized twenty ZYN products after finding that they contained far fewer harmful chemicals than cigarettes and could help adult smokers switch. That was progress. But nine months later, the FDA has approved nothing else—while sending a warning letter to NOAT, arguably the least youth-oriented pouch line in the world.

The outcome is bad for legal sellers and public health. ZYN is legal; a handful of clearly risky, high-nicotine imports continue to circulate; and a mild, adult-market brand that meets European safety and labeling rules is banned. Officially, NOAT’s problem is procedural—it lacks a marketing order. But in practical terms, the FDA is punishing the very design choices it claims to value: simplicity, low appeal to minors, and clean ingredients.

This approach also ignores the differences in actual risk. Studies consistently show that nicotine pouches have far fewer toxins than cigarettes and far less variability than many vapes. The biggest pouch concerns are uneven nicotine levels and occasional traces of tobacco-specific nitrosamines, depending on manufacturing quality. The serious contamination issues—heavy metals and inconsistent dosage—belong mostly to disposable vapes, particularly the flood of unregulated imports from China. Treating all “unauthorized” products as equally bad blurs those distinctions and undermines proportional enforcement.

My small Montgomery County survey suggests a simple formula for improvement.

First, keep enforcement targeted and focused on suppliers, not just clerks. Warning letters clearly change behavior at the store level, but the biggest impact will come from auditing distributors and importers, and stopping bad shipments before they reach retail shelves.

Second, make compliance easy. A single-page list of authorized nicotine-pouch products—currently the twenty approved ZYN items—should be posted in every store and attached to distributor invoices. Point-of-sale systems can block barcodes for anything not on the list, and retailers could affirm, once a year, that they stock only approved items.

Third, widen the legal lane. The FDA launched a pilot program in September 2025 to speed review of new pouch applications. That program should spell out exactly what evidence is needed—chemical data, toxicology, nicotine release rates, and behavioral studies—and make timely decisions. If products like NOAT meet those standards, they should be authorized quickly. Legal competition among adult-oriented brands will crowd out the sketchy imports far faster than enforcement alone.

The Bottom Line

Enforcement matters, and the data show it works—where it happens. But the legal market is too narrow to protect consumers or encourage innovation. The current regime leaves a few ZYN products as lonely legal islands in a sea of gray-market pouches that range from sensible to reckless.

The FDA’s treatment of NOAT stands out as a case study in inconsistency: a quiet, adult-focused brand approved in Europe yet effectively banned in the US, while flashier and riskier options continue to slip through. That’s not a public-health victory; it’s a missed opportunity.

If the goal is to help adult smokers move to lower-risk products while keeping youth use low, the path forward is clear: enforce smartly, make compliance easy, and give good products a fair shot. Right now, we’re doing the first part well—but failing at the second and third. It’s time to fix that.

Author

Roger Bate

Roger Bate is a Brownstone Fellow, Senior Fellow at the International Center for Law and Economics (Jan 2023-present), Board member of Africa Fighting Malaria (September 2000-present), and Fellow at the Institute of Economic Affairs (January 2000-present).

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