I write to you with a great deal of respect for your courage and boldness in venturing into new business territories, particularly your recent announcement of launching the nicotine pouch brand Alp. Your foray into the tobacco and nicotine industry is admirable, and I wish you the best of success. However, I must warn you of the significant risks associated with this business move—not from the free market, where competition like Philip Morris can be handled—but from the heavy hand of government regulation and litigation. You are stepping into a regulatory minefield that has buried many before you. The government, as we know, is particularly aggressive when it comes to tobacco and nicotine products, and you could become a high-profile target for their scrutiny, much like Elon Musk’s own experiences.
The tobacco industry has long been a prime target for government litigation, regulations, and public campaigns. In 1998, the Master Settlement Agreement (MSA) became the turning point that changed the course of tobacco companies. Forty-six U.S. states sued major tobacco companies, resulting in a $206 billion settlement paid out over 25 years. This agreement imposed strict marketing restrictions on tobacco products and required companies to fund anti-smoking campaigns.
Your new venture, Alp, will almost certainly fall under the purview of the Food and Drug Administration (FDA), which has sweeping authority to regulate tobacco products under the Family Smoking Prevention and Tobacco Control Act of 2009. This legislation allows the FDA to regulate all forms of tobacco products, including nicotine pouches like Zyn and Alp, meaning you’ll have to comply with its marketing, manufacturing, and distribution requirements. Keep in mind, the FDA can ban or restrict certain tobacco products if it believes they pose a significant public health risk. The Biden administration only recently backed away from banning menthol cigarettes that black people favor due to the tight election. If Democrats win, they won’t need their voters for a while so if, God forbid, Kamala Harris wins, then I’m sure she’ll ban them in her upcoming presidency.
Regulatory scrutiny is not just a hypothetical risk—it’s a reality that has already affected companies in the nicotine pouch space. Your competitor, Zyn, has already drawn fire from Democratic lawmakers and federal regulators over concerns that flavored nicotine products could entice young people. The FDA has kept a watchful eye on the nicotine pouch industry, and it’s clear that your product, Alp, will be no exception. Your persona might only increase the attention paid to Alp, particularly given the polarized political climate.
Flavored nicotine pouches have become a regulatory flashpoint. Democratic lawmakers have pushed hard for bans on flavored tobacco and nicotine products, arguing that they disproportionately appeal to children and young adults. You’ve openly said Alp will come in four flavors, including chilled mint and mountain wintergreen, putting it squarely in the crosshairs of this regulatory debate. Juul vape pods used to carry delicious cool mint and mango flavors and they were truly fantastic. Now they’re gone and no one uses Juul anymore. Beware: That can happen to you.
Juul Labs, once a dominant player in the vaping market, faced massive lawsuits and regulatory crackdowns over its flavored nicotine products. In 2019, under mounting pressure, the company pulled its flavored pods from U.S. stores. You could be setting yourself up for similar battles—battles that could drain your resources and consume your attention. What’s more, flavored nicotine products are often the first point of attack for public health advocates who aim to reduce nicotine use among young people.
Your platform, Tucker Carlson Originals, and your social media presence has substantial reach, which would naturally make it an excellent marketing tool for Alp. However, federal law imposes strict limitations on how tobacco products can be marketed. The 2009 Tobacco Control Act specifically bans sponsorships, free giveaways, and the marketing of tobacco products to minors, including online platforms frequented by those under the age of 21. This includes internet shows and social media channels, areas where you excel.
Alp’s marketing strategy could face even more scrutiny given the rise of concerns about youth nicotine use. As you well know, Philip Morris has already distanced itself from social-media influencers over fears that their product might appeal to younger audiences. The FDA doesn’t just regulate the sale of nicotine pouches; it also regulates their marketing, and violators can face hefty fines, product seizures, and even criminal charges.
You might also draw the ire of public health advocates and politicians who have previously taken aim at nicotine products. Senator Dick Durbin (D-Il), a long-time opponent of nicotine and tobacco products, could easily see Alp as a new target. Durbin has repeatedly called for stricter regulations on nicotine alternatives, and your high-profile venture could only serve to heighten his focus. Expect calls for hearings, investigations, and subpoenas. The way you’ve taken on the mainstream media may very well turn into a battle with a government that’s equally relentless when it comes to regulating tobacco. But the mainstream media doesn’t send men with guns to your house. You’ve seen what they’ve done at Mar-a-lago and what they did to Roger Stone.
Finally, Tucker, you should also consider how entering the nicotine market could make you a larger target for government interference in all your affairs. By stepping into the world of nicotine products, you could open up a regulatory Pandora’s box, making Alp—and by extension, your entire media empire—a target for regulators who could scrutinize every facet of your business.
Look no further than the experiences of Elon Musk. His endorsement of Trump, and ventures into disruptive industries have made him a favorite target of federal regulators. The Securities and Exchange Commission (SEC) came after Musk for a single tweet. It’s not difficult to imagine a similar scenario with the FDA or the Federal Trade Commission (FTC) scrutinizing your social media posts and interviews for any potential violation of marketing regulations.
This is a significant risk you must weigh, especially given the political environment, and of course depending on who’s president. Regulatory bodies are not immune to political pressures, and your outspoken criticism of the left may only fuel their motivation to put you under a microscope. Expect retaliation next year if things go south.
Your decision to create a nicotine pouch that reflects “the style, aesthetic, and culture” of your audience is classic American entrepreneurship and I applaud that, but remember that the government doesn’t share your appreciation for cultural resistance. They see a dangerous product that they’ve been trying to control for decades, and they’ve given themselves plenty of laws to go after people who don’t toe the line.
Even if tobacco use is undeniably dangerous, it is, at its core, a personal choice—and as a libertarian, I firmly believe in the right of individuals to make decisions about their own bodies and health. The hyper-demonization of tobacco products reflects a deeper authoritarian streak in American society and the perverse desire to control the behaviors of other people. I’m sure you’re as tired as I am of watching the government and various activist groups, left or right, attempt to dictate what is acceptable behavior for adults. In a free society, the role of the government should not be to micromanage our personal vices, but rather to protect our right to make those choices for ourselves. Any Republican who can so proudly admit a vice and take that vice to market like yourself and John Boehner for example, has my respect, coming from the liberty wing of the GOP. Freedom of choice means freedom of making bad choices. Personally I think it's time for the sex, drugs, tobacco, machine guns, and rock and roll wing of the GOP to make their comeback, and if Trump wins, that’s certainly on the menu.
Alp may very well have a promising market. But as someone who has long battled the establishment myself, you should be acutely aware of the risks. The tobacco industry is among the most regulated sectors in America, and entering this space invites government scrutiny at every turn. From marketing restrictions to litigation, Alp will face challenges that could affect not only the brand but also your entire business empire. Proceed with caution—you’re about to enter a high-stakes game where the government has all the laws and all the hired muscle they need.
In a better world you’d have a free market to pursue tobacco cultivation and dissemination to consenting adults to your heart's content. But we don’t live in that world. This is one decision that could give the feds the chink in the armor they’re looking for to take you down once and for all. The Deep State doesn’t care about esoteric debates on the legacy of Winston Churchill. They care about what opportunities you might give them financially or personally to do to you what they’re currently doing to Donald Trump. But if you choose to do battle, you’ll have my support. The major tobacco companies have had a stranglehold on our government for long enough.
Wishing you unwavering success in your pursuit,
Austin Petersen
