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Concord Board of Health denies appeal over ZYN Chill nicotine pouch, upholds cease-and-desist
Summary
The Concord Board of Health voted to deny an appeal from Concord Gas owner on whether the ZYN Chill nicotine pouch is a flavored product; the town will proceed with the previously issued cease-and-desist enforcement.
The Concord Board of Health voted on Feb. 12 to deny an appeal from a Concord Gas representative that challenged the board’s finding that the nicotine pouch marketed as ZYN Chill is a flavored product.
The board’s decision means the town’s cease-and-desist notice remains in effect for establishments selling the product in Concord. Randy Pring, chair of the Concord Board of Health, opened the agenda item and summarized prior work reviewing suspected flavored nicotine products. "We reviewed it and felt it still has a flavor," Melanie (Public Health Director) told the board, describing local testing the department performed on the product and the packaging.
Why it matters: The board’s action enforces the town-level restriction on flavored nicotine products and clarifies which local retailers must remove or stop selling the identified product. The item drew questions from at least one local retailer and prompted a brief discussion of enforcement and outreach to other permit holders.
Board staff said they had purchased samples and ran a simple test comparing ZYN Chill with a control product; staff reported a discernible cooling effect and aroma that they concluded amounted to flavor. The packet of materials provided to the board included correspondence noting that the State of California and the Chelsea Board of Health have also determined the product is flavored. Pari (Tobacco Agent) told the board, "the board of health had an opportunity to, smell and test the products," and said the department mailed warning letters to seven establishments selling the products.
The only formal appeal received was submitted by Charlie Audi of Concord Gas; Audi did not appear at the meeting. Portia (Board member) joined after discussion began and said she would abstain from the vote because she had not heard the appellant’s comments live. With Portia abstaining, the three board members present and participating in the discussion voted to decline the appeal. The board chair summarized the result as a unanimous vote among the three members present.
Roger Bush, who identified himself as the franchise owner of 7-Eleven in Concord, addressed the board after the vote to confirm he carried only the ZYN Chill 6 mg product and that he would comply with the board’s decision. "I'm Roger Bush. I'm the franchise owner of 7 11. Been there for 52 years," Bush said, adding he joined the meeting to understand what the action meant for his store’s inventory.
What happens next: Staff said the town will notify the appellant and the other establishments that received a warning letter about the decision and that local enforcement will continue under the terms of the cease-and-desist order.
Votes at a glance: The board voted to decline the appeal (motion to decline carried). Yes: 3 (three in-person board members present); Abstain: 1 (Portia, who joined later and said she would abstain); Absent: appellant and others not present.
The board moved on to other business after recording the vote.
