Brownstone Institute
Rebellion, Not Retreat
From the Brownstone Institute
Fran Maier is right that we are now at a hinge in history—the end of an age and the beginning of something new. Anyone who thinks he or she knows exactly what will emerge next is probably wrong. Whatever is coming next, it will be a very different world from the one we’ve inhabited since World War II. I am quite certain that many things will get worse before they get better. Our societal institutions—governmental, educational, communications, media, medical, public health, etc.—have failed us. The degree of rot in these institutions makes reform or repair, in the short term at least, impractical.
I believe our task is analogous to that undertaken by the Czech dissidents of the Soviet era. Many of us are familiar with Vaclav Havel, who became the first president of the Czech Republic after the fall of Communism and wrote the now classic essay, “The Power of the Powerless.” Maier mentions another Vaclav: a close friend and collaborator of Havel, Vaclav Benda is less well-known but no less important. In contrast to Havel, Benda was a faithful Catholic and remained grounded in his Christian convictions as he faced the challenges of his time and place.
Some readers will doubtless wonder whether the historical analogy to a communist totalitarian regime might not be a bit overblown. Things may be bad, but they surely cannot be that bad. But consider, as Eric Voegelin taught us, that the common feature of all totalitarian systems is neither concentration camps, nor secret police, nor mass surveillance—as horrifying as all these are. The common feature of all totalitarian systems is the prohibition of questions: every totalitarian regime first monopolizes what counts as rationality and determines what questions you are allowed to ask.
At the risk of offending my audience I will suggest: if you don’t see that precisely this is happening on an unprecedented scale globally, you have not been paying close attention. If you still remain skeptical, consider Polish philosopher Leszek Kolakowski’s brilliant formulation to describe the totalitarian method of imposing unity on an entire population: perfect integration through perfect fragmentation. Mull over this phrase while you watch TV or scroll social media: perfect integration through perfect fragmentation.
In the Czech context of the 1970s and 1980s, as Professor F. Flagg Taylor writes, “[Vaclav] Benda saw that the Communist regime either sought to infiltrate and co-opt independent social structures for its own purposes, or to de-legitimate and destroy them. It sought to maintain a populace of isolated individuals without any habits or desires for association.” In other words, as he put it, the Iron Curtain had not just descended between East and West, but between one individual and another, or even between an individual’s own body and his soul.
Benda recognized that any hopes for the regime’s fundamental reform or even moderation were futile. It was time to ignore the regime’s official structures and build new ones where human community could be rediscovered and human life could be lived decently.
Benda proposed building new small-scale institutions of civil society—in education and family, in productivity and market exchange, in media and communications, literature and the arts, entertainment and culture, and so on—what Benda called “The Parallel Polis” (1978).
He described this idea as follows: “I suggest that we join forces in creating, slowly but surely, parallel structures that are capable, to a limited degree at least, of supplementing the generally beneficial and necessary functions that are missing in the existing structures, and where possible, to use those existing structures, to humanize them.” And he clarified that this strategy “need not lead to a direct conflict with the regime, yet it harbors no illusions that ‘cosmetic changes’ can make any difference.” Benda explained:
In concrete terms this means taking over for the use of the parallel polis every space that the state has temporarily abandoned or which it has never occurred to it to occupy in the first place. It means winning over for the support of common aims…everything alive in society and its culture in the broadest sense of the word. It means winning over anything that has managed somehow to survive the disfavor of the times (e.g., the Church) or that was able, despite unfavorable times, to come into being.
The parallel polis is not, Benda emphasized, a ghetto or an underground; it is not a black-market system hiding in the shadows. As the word polis suggests, the purpose of these institutions was to eventually renew the wider society, not to retreat from it entirely. “The strategic aim of the parallel polis,” Benda wrote, “should be the growth, or the renewal, of civic and political culture—and along with it, an identical structuring of society, creating bonds of responsibility and fellow-feeling.”
Benda acknowledged that every institution of the parallel polis was a David facing the Goliath of a massively powerful totalitarian state. Any one or another of these institutions could be crushed by the state machinery if the state specifically targeted it for liquidation.
The task, therefore, was to create so many of these parallel structures and institutions that the corrupt state would finally be limited in its reach: while it could crush any one institution at any time, there would eventually be too many such institutions for the state to target them all simultaneously. Elements of the parallel polis would always survive: as the state crushed one institution, two others would arise elsewhere.
Plan of Action
The parallel polis requires a deliberate strategy: it does not develop automatically. As Benda proposed in his own day, I am convinced it is time to build these new parallel institutions of civil society. We need to be thinking in 50-year increments. This means planting mustard seeds that may not fully germinate in our lifetimes. I suggest that today’s Parallel Polis should be grounded in three principles: Sovereignty, Solidarity, Subsidiarity. I will conclude with five brief points to illustrate the application of these principles in our current moment. (I am simply going to state these points, since time does not allow me to argue for or explain each one.)
First: governments during COVID demanded we become disempowered and isolated. People globally ceded their sovereignty and abandoned social solidarity. By contrast, the new parallel institutions of civil society must return sovereignty to individuals, families, and communities and strengthen social solidarity.
Second: markets, communications, and governing structures have become increasingly centralized at a national and global level, robbing individuals, families, and local communities of legitimate authority, privacy, and freedom. Thus, the new institutions must be grounded in technologies and models of decentralized communications, information sharing, authority, and markets of productivity and exchange.
Third: individuals, families, and local communities especially have been robbed of their legitimate authority and targeted. To rectify this, the new institutions must support the principle of subsidiarity and empower practical efforts at the local level.
Fourth: fear has been weaponized to coerce individuals, families, and communities to cede their sovereignty and even make them forget they once had it. To help individuals, families, and small communities reclaim their sovereignty—their ability to self-govern—we must help people overcome their fear and find their courage.
Fifth, with the rollout of new mechanisms of social surveillance and control—the biosecurity model of governance, biometric digital IDs, Central Bank Digital Currencies, surveillance capitalism, and so on—the temporal window to reclaim solidarity and regain sovereignty is closing fast. Therefore, the time to begin is now.
Reprinted from The American Mind
Author
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.
Author
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.
Author
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