Brownstone Institute
No, Lockdown Instigators Do Not Deserve the Benefit of the Doubt
BY
In the United States, some 2,000,000 people—over 1% of adult men—currently reside in prisons and jails. In America’s poorest cities, crime and law enforcement are intertwined with life to such a degree that many children grow up more familiar with the justice system than the education system. For kids who grow up in these circumstances, getting through school while staying out of jail is a feat worth celebrating.
Some of this is, of course, necessary to maintain a peaceful society in a country as open and unequal as the United States. But the American political-prison-industrial complex is also riddled with perverse incentives. As Supreme Court Justice Neil Gorsuch put it: “We live in a world in which everything has been criminalized. And some professors have even opined that there’s not an American alive who hasn’t committed a felony under some state law.” We’ve even developed an Orwellian lexicon for this system; the term “crime of moral turpitude” is a tacit admission that America’s statutes are riddled with crimes that do not actually involve “moral turpitude”—it’s puzzling why these should be considered crimes at all.
Worse yet, an estimated 5% of convicts are actually innocent. That means there are currently some 100,000 Americans in prisons and jails who didn’t even commit the crimes for which they were charged. The sad truth is that just living in one of America’s poorest neighborhoods comes with some risk of incarceration; the more people around who are convicted, the greater the odds of becoming an innocent convict oneself. Juries do their best, but they’re beset by the usual human biases. Judges know all too well that verdicts often come down to such irrelevant factors as the defendant’s charisma, physical attractiveness, or even what the jury had for breakfast that morning.
Mass incarceration is one sad byproduct of inequality and community deterioration in the 21st century. But an even worse byproduct of that inequality is an entire caste of Western elites who’ve begun to manipulate the system to exempt themselves and their supporters from the rule of law to a degree not seen since the rise of the fascist regimes of the 1930s. And in no instance has this been made more clear than in the promulgation of Covid lockdowns into policy in early 2020.
The Crime
Lockdowns, or the shutting of businesses and community spaces with the force of law, were unprecedented in the Western world prior to Xi Jinping’s lockdown of Wuhan and weren’t part of any democratic country’s pandemic plan; rather, these pandemic plans suggested only voluntary social distancing measures. While lockdowns bore some facial resemblance to the voluntary social distancing measures contemplated in pandemic plans, this similarity was no coincidence, as the concept of “social distancing” in its origin was lifted by the US CDC straight from the Chinese Communist Party policy of “lockdown” as imposed during SARS in 2003. Further, some leading federal officials have disclosed that at the time they recommended temporary social distancing measures for Covid, they did so with the intent that state governors would enforce them as indefinite forced lockdowns.
As former UN Assistant Secretary-General Ramesh Thakur has documented in scrupulous detail, the harms that lockdowns would cause were all well-known and reported at the time they were first adopted as policy in early 2020. These included accurate estimates of mass deaths due to delayed medical operations, a mental health crisis, drug overdoses, an economic recession, global poverty, hunger, and starvation.
Yet regardless, for reasons we’re still only beginning to understand, some key scientists, health officials, national security officials, media entities, international organizations, billionaires and influencers advocated the broad imposition of these unprecedented, devastating policies from the earliest possible date, ostensibly to stop or slow the coronavirus as the CCP claims to have done in Wuhan, while censoring any contrary opinions, spinning a false illusion of consensus amongst an unknowing public. A report later revealed that military leaders saw this as a unique opportunity to test propaganda techniques on the public, shaping and “exploiting” information to bolster government messages about the virus. Dissenting scientists were silenced. Psyops teams deployed fear campaigns on their own people in a scorched-earth campaign to drive consent for lockdowns.
These early advocates of lockdowns inverted the definitions of key public health principles in sophisticated, Orwellian fashion. While the lockdowns they advocated were deliberately intended to overturn existing public health practices, they instructed the public to “follow the science,” leading the public to believe that their policies were grounded in established scientific practice. They used the rhetoric of equity and vulnerability to advocate policies that disproportionately harmed the most vulnerable and increased existing economic divides. They then retroactively cited the broad public support for lockdowns that had been sown by their own propaganda as justification for their propaganda in support of those lockdowns.
Ultimately, these lockdowns failed to meaningfully slow the spread of the coronavirus and killed tens of thousands of young people in every country in which they were tried. We now know the virus had already begun spreading undetected all over the world by fall 2019 at the latest and had an infection fatality rate under 0.2%.
However, the lockdowns caused the public to believe that the virus was hundreds of times deadlier than it really was. Simultaneously, the World Health Organization issued global PCR testing guidance—using tests later confirmed by the New York Times to have a false positive rate over 85%—pursuant to which millions of cases were soon discovered in every country. Additionally, the WHO issued new guidance on the use of mechanical ventilators to member nations; over 97% of those over age 65 who received mechanical ventilation in accordance with this guidance were killed.
Terrified by this surge of deaths and the psychological terror campaigns deployed by governments on their own people, populations across the Western world proceeded to impose an ever-darker swathe of illiberal mandates including forced masking and digital vaccine passes for everyday activities. Young children, who were at virtually no risk from the virus, lost years of primary education in the worst education crisis since the end of the Second World War. An indefinite state of legal emergency was imposed which continues to this day. The global fight for human rights and the end of poverty was set back decades.
Over $3 trillion in wealth was transferred from the world’s poorest to a tiny number of billionaires and their supporters, predominantly in China and in the tech and pharmaceutical industries. Several key early lockdown proponents indicated that they saw Covid as an opportunity to “entrench a new idea of the left … reconstructing a cultural hegemony on a new basis.” Authoritarian regimes grew more autocratic, and democratic governments took on authoritarian characteristics.
Worst of all, a norm was grafted onto Western democracy that the fundamental rights to movement, work, association, bodily autonomy, and free expression, for which our forebears fought so tirelessly, can be suddenly and indefinitely suspended, without precedent, analysis, or logic, based on nothing but vague promises that doing so will “save lives”—rendering them all but moot.
Meanwhile, the lockdowns and mandates led to the deaths of over 170,000 Americans and proportionate numbers in countries that imposed them across the Western world. By 2021, lockdowns had killed over 228,000 children in South Asia. Studies of excess deaths indicate that lockdowns led to several million deaths in India and proportionate numbers in other developing nations.
A million here, a million there, pretty soon you’re talking real atrocities.
These numbers do not even begin to count the total damage that will ultimately ensue due to the economic devastation of lockdowns, which we will continue to witness for many years to come. Many early lockdown proponents may never be among the 2,000,000 Americans currently residing in jails and prisons, but we can be sure that thousands more would-be innocent children will one day be added to the prison rolls as a result of the economic destruction their policies unleashed.
Ladies and gentlemen, this case ultimately comes down to whether, unlike the other 2,000,000 Americans currently in state custody, we can be sure that by virtue of their socioeconomic position and the panic over a virus which panic they deliberately stoked with their own policies, this handful of key early lockdown proponents acted in good faith when they convinced the world to adopt these unprecedented, catastrophic policies based on the belief that China eliminated the virus from an entire country by shutting down one city for two months—so sure that the question demands no further inquiry. I leave that for you to decide.
Reprinted from the author’s Substack
Brownstone Institute
Bizarre Decisions about Nicotine Pouches Lead to the Wrong Products on Shelves
From the Brownstone Institute
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.
A Better Balance: Enforce Upstream, Widen the Legal Path
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.
Addictions
The War on Commonsense Nicotine Regulation
From the Brownstone Institute
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.
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