The U.S. Food and Drug Administration has warned the makers of Winston, Natural American Spirit and Nat Sherman cigarettes that they can not claim their products are “natural” or “additive-free” without regulatory approval.
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Therefore, all three companies that received the warning letters must respond within 15 working days and explain what actions they plan to take to remedy the violation and come into compliance with the law, or they have to provide reasoning and supporting information to the FDA to support their claims.
Cigarette companies are allowed to apply for a permit that would allow them to describe their cigarettes as a “modified risk tobacco product”.
Santa Fe emphasized the additive-free element of Natural American when it launched the cigarette in 1982, well before Reynolds bought the company for $340 million in December 2001.
ITG Brands makes Winston cigarettes, while Sherman’s 1400 manufactures Nat Sherman cigarettes.
“We are pleased that the Food and Drug Administration today has taken action to protect the American public from deception”, said Matthew Myers, president of the Campaign for Tobacco-Free Kids. Failure to do so may result in, but not limited to, civil money penalties, criminal prosecution, seizure and/or injunction, the FDA said. ITG Brands is in the earliest phases of trying to reinvigorate Winston.
This is not the first time the government has had to act to prevent the tobacco industry from using its marketing of the term “additive-free” in ways that mislead the public and it is a reflection of the length to which the tobacco industry has gone to undermine the effectiveness of the prior efforts. It said, “The statement that FDA objected to now appears only on the carton of Winston and not on the pack or advertising for the brand”.
The anti-tobacco group’s letter alleged that Natural American Spirit’s advertising in magazines such as Sports Illustrated and Vanity Fair violated the Smoking Prevention and Tobacco Control Act.
A manufacturer who claims a product poses fewer risks than other tobacco products may submit a modified risk tobacco product (MRTP) application to the FDA with scientific evidence to support the claim.
The marketing for Natural American Spirit is the most deceptive of any major U.S. cigarette brand now on the market.
The FDA’s letter to Reynolds doesn’t address Natural American Spirit’s use of the word organic on some cigarette styles, but it could lead the company to curtail use of “additive-free” and “natural” in advertising.
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