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Brownstone Institute

The Choice Is Liberty or Lockdown

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BY JEFFREY A. TUCKER

Two years after the first edition, the second edition of Liberty or Lockdown is now in print, just as the US president announced the end of the pandemic. The emergency declaration that excused the mass violation of human rights is still in effect.

The significance of the timing of the first edition of this book is obvious to anyone who has lived through our strange times: September 2020. That was six months following the lockdown of most of the world during which places where people might “congregate” were shut by governments.

The reason was to avoid, mitigate, eliminate maybe, or otherwise diminish the disease impact of the virus that caused Covid. This was before the vaccine came out, before the Great Barrington Declaration, and before data on excess deaths the world over showed vast carnage from these policy decisions.

The state was unleashed on the population as never before, in the name of science. There are no words to describe my outrage then and now.

The onset of lockdowns put me to work trying to understand the thinking, a process which took me back through the history of pandemics, the relationship between infectious disease and freedom, and the origin of lockdown ideology in 2005.

The times during which this book was written were beyond strange. People went full medieval in every way in which that term can be understood. There was public flogging in the form of masking and the abolition of fun, feudalistic segregation and disease shaming, the practical end of most medical care unless it was for Covid, the scapegoating of non-compliers, the neglect and abuse of children, and a turn to other pre-modern forms. All of this became worse once the non-sterilizing vaccines appeared on the market that many if not most people were forced to accept at pains of losing their jobs.

Writing now in September of 2022, I cannot even imagine going through the pain of putting this research together again. I’m very pleased it was done then because now this book survives as a marker that there was dissent, if nothing else. I’ve added no new essays though I’ve written hundreds since then. The second edition should really stand as is.

This was also a period of time – still is today – when vast numbers of people feel betrayed by technology, media, politicians, and even their one-time intellectual heroes. It is a time of grave destruction with still-broken supply chains, roaring inflation, mass cultural demoralization, labor market confusions, shattered lives of young and old, and terrible uncertainty about the future.

When I put this book to bed in 2020, I had hoped we were near the end of this disaster. How wrong I was! Let us hope, too, that it is a period of rebuilding, however quietly it is taking place.

Starting Brownstone Institute is part of that for me. So many others have joined. Today we published articles from all over the world since so many around the world have shared in this suffering. What will it take to emerge from the other side?

From my point of view, it is not complicated. We need a renewed appreciation of human liberty and rights. That’s it. That is the whole prescription. It does not sound hard but apparently it is. This task will likely consume the rest of our lives.

Jeffrey Tucker

September 2022

Introduction to the Portuguese Edition (2021)

As I write, and much to my astonishment and sadness, the world is still in chains. These chains have been created by governments. They bind their citizens’ choices and actions in the name of virus control. I had expected the folly of lockdowns to end within weeks after their imposition, once the data were in on the demographics of severe outcomes. But through a terrible combination of factors – government and public ignorance and fear, media frenzy, big tech censorship, the outsized voice of fake lockdown science, and an unwillingness on the part of the lockdown industry to admit error – they continued for a full year and continue today.

On the day I’m writing, Paris and Berlin are once again under lockdown, Sao Paulo is being brutalized, and ever larger parts of Eastern and Western Europe are experimenting with a third round of failure. Anthony Fauci in the US is all over the media essentially denying that human immunity exists in any meaningful sense, kids are still being kept out of school, businesses are being forced to engage in preposterous rituals just to survive, most members of the ruling class parade in masks in a theatrical affectation that they are following the science, and a weary people are massively divided between those who want to believe the authorities and those who have lost all credulity in public health.

Our communities are shattered, our houses of worship in diaspora, our spirits crushed, and our expectations for the good life in tatters.

Also pouring in are the devastating data on the consequences of lockdown. The economic costs are stupefying, beyond anything we imagined we would ever see. The cultural costs are too, with arts and music devastated, along with the industries that support them. The most interesting and possibly counterintuitive costs are related to public health itself: the missed cancer screenings, the missed appointments, the prevalence of suicide ideation, the record drug overdoses, the alcoholism, the mental and emotional despair. As for settled matters of human rights – the freedom to speak, travel, worship, learn, trade – they are suddenly all in question.

It’s true that parts of the world are entirely open, and thank goodness for them. These places are experiencing no worse outcomes, and often much better outcomes, from the severe aspects of this disease than those who are still experimenting with rolling lockdowns. More evidence pours in by the day: this is a normal virus, with natural immunity, with distinct characteristics that should be mitigated by medical professionals one person at a time – not managed by politicians and their advisors with agendas that have nothing to do with public health.

I’ve been involved in the debate over the government’s role in disease control for at least 15 years. Until last year, the consensus of the experts was that governments have a very limited role, simply because of the capacity of pathogens to outsmart even the best intentions of the powerful and their plans. In the golden age of public health in the 20th century, such brutal methods as public quarantines, shutdowns, mandatory masks, closures, travel restrictions, and universal stay-at-home orders were specifically ruled out as counterproductive, overly disruptive, and futile for achieving the task of minimizing damage from new pathogens. The powers to do all this have been there for the better part of 15 years or possibly for longer but they were not deployed for good reasons.

For reasons that will become increasingly clear over time, 2020 became the year of the great experiment. Suddenly, “nonpharmaceutical interventions” would replace our laws, our settled traditions of liberty, and love of peace and prosperity, and even the ideals of the Enlightenment itself. We put fear above rationality, division above community, power above rights, wild experiments above settled science, and the intellectual pretensions of a tiny ruling class above the interests of the social order.

It was all so shocking and inexplicable that most of the world’s population sat through month after month in a state of confused delirium, attached to screens with pundits preaching to us daily that all of this was necessary and good. And yet, we all recall now that humanity has always lived amidst pathogens new and old. We dealt with them and cobbled together an implicit social contract around infectious disease: we agreed nonetheless to build civilization and experience social progress, treating sickness and death as something to mitigate within the context of human rights. For the first time ever, we tried a global lockdown as scripted by scientific elites.

But now writing one year later, I’m pleased to say that the days of shock and awe are over, gradually being replaced by disillusionment with the ruling class and incredulity toward those who did this to us. There is no power on earth strong enough or rich enough to suppress truth. Truth exists within the realm of ideas, and that is a realm of infinite reproducibility, malleability, and portability, subject only to the willingness of the curious and courageous to tell that truth in every possible way to as many people as possible in every venue available. This is how truth wins, reaching one mind at a time.

We’ve all been tested during this last year. What are our intellectual commitments? Do we really believe them or have we adopted them for career reasons? What are the pressures to which we will succumb in order to relinquish our principles for prestige? How much are we willing to give up in order to fight for a cause larger than ourselves? I’ve been surrounded by heroes this year who have inspired me – God bless them – and others who were unwilling to step up when their voices were most needed, much to my sadness.

That aside, let’s all admit something: part of each of us has been broken by these lockdowns. No one wants to live in a world in which our essential rights and liberties can be granted or taken away based on the judgment calls of a handful of scientists who have no regard for our traditions of law. That’s called tyranny. We now know how terrible it is. And how futile. How demoralizing. How utterly ghastly and unconscionable.

I somehow always come around to silver linings, not only because it is my personality but also because they always exist. The silver lining is that much of the world has lived through the apotheosis of statism, that ugly ideology that posits that force is a better way to organize the world than choice. We dabbled in it as societies for the better part of 100 years and then suddenly in one year we went full on, just as a test. That test completely failed. We know it first hand. As I write, I’m confident that we’ve seen the worst of it.

Now is our chance – right now – to choose another path. We don’t need to work out every detail. We don’t need an alternative plan. And it’s not just about getting a new set of political leaders. What we need is a different philosophy. I humbly suggest that the philosophy that built modern civilization – that which we once called liberalism – will do just fine as a base line. Let us believe it, rally around it, institutionalize it, protect it, and fight for it. In doing so, we are not just working in our own self-interest but also in the common good of all.

Never lockdowns. Never again.

Author

  • Jeffrey A. Tucker, Founder and President of the Brownstone Institute, is an economist and author. He has written 10 books, including Liberty or Lockdown, and thousands of articles in the scholarly and popular press. He writes a daily column on economics at The Epoch Times, and speaks widely on topics of economics, technology, social philosophy, and culture.

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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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Addictions

The War on Commonsense Nicotine Regulation

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From the Brownstone Institute

Roger Bate  Roger Bate 

Cigarettes kill nearly half a million Americans each year. Everyone knows it, including the Food and Drug Administration. Yet while the most lethal nicotine product remains on sale in every gas station, the FDA continues to block or delay far safer alternatives.

Nicotine pouches—small, smokeless packets tucked under the lip—deliver nicotine without burning tobacco. They eliminate the tar, carbon monoxide, and carcinogens that make cigarettes so deadly. The logic of harm reduction couldn’t be clearer: if smokers can get nicotine without smoke, millions of lives could be saved.

Sweden has already proven the point. Through widespread use of snus and nicotine pouches, the country has cut daily smoking to about 5 percent, the lowest rate in Europe. Lung-cancer deaths are less than half the continental average. This “Swedish Experience” shows that when adults are given safer options, they switch voluntarily—no prohibition required.

In the United States, however, the FDA’s tobacco division has turned this logic on its head. Since Congress gave it sweeping authority in 2009, the agency has demanded that every new product undergo a Premarket Tobacco Product Application, or PMTA, proving it is “appropriate for the protection of public health.” That sounds reasonable until you see how the process works.

Manufacturers must spend millions on speculative modeling about how their products might affect every segment of society—smokers, nonsmokers, youth, and future generations—before they can even reach the market. Unsurprisingly, almost all PMTAs have been denied or shelved. Reduced-risk products sit in limbo while Marlboros and Newports remain untouched.

Only this January did the agency relent slightly, authorizing 20 ZYN nicotine-pouch products made by Swedish Match, now owned by Philip Morris. The FDA admitted the obvious: “The data show that these specific products are appropriate for the protection of public health.” The toxic-chemical levels were far lower than in cigarettes, and adult smokers were more likely to switch than teens were to start.

The decision should have been a turning point. Instead, it exposed the double standard. Other pouch makers—especially smaller firms from Sweden and the US, such as NOAT—remain locked out of the legal market even when their products meet the same technical standards.

The FDA’s inaction has created a black market dominated by unregulated imports, many from China. According to my own research, roughly 85 percent of pouches now sold in convenience stores are technically illegal.

The agency claims that this heavy-handed approach protects kids. But youth pouch use in the US remains very low—about 1.5 percent of high-school students according to the latest National Youth Tobacco Survey—while nearly 30 million American adults still smoke. Denying safer products to millions of addicted adults because a tiny fraction of teens might experiment is the opposite of public-health logic.

There’s a better path. The FDA should base its decisions on science, not fear. If a product dramatically reduces exposure to harmful chemicals, meets strict packaging and marketing standards, and enforces Tobacco 21 age verification, it should be allowed on the market. Population-level effects can be monitored afterward through real-world data on switching and youth use. That’s how drug and vaccine regulation already works.

Sweden’s evidence shows the results of a pragmatic approach: a near-smoke-free society achieved through consumer choice, not coercion. The FDA’s own approval of ZYN proves that such products can meet its legal standard for protecting public health. The next step is consistency—apply the same rules to everyone.

Combustion, not nicotine, is the killer. Until the FDA acts on that simple truth, it will keep protecting the cigarette industry it was supposed to regulate.

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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