RJR tries to slither around CA ban on sale of flavored tobacco products with Newport, too

RJ Reynolds, BAT’s US subsidiary, has released its third effort to keep selling flavored cigarettes with its new Newport cigarettes that offer “bold lasting flavor” now that it can’t sell menthol cigarettes.

The problem with what Reynolds is doing is that the law prohibits the sale of flavored tobacco products, not just menthol flavored tobacco products. This version of Newport, like RJR’s new versions of Kool and Camel “ice” are all still being promoted as flavored tobacco products.

The reality is that Reynolds is still using colors and clever language to communicate that these products are similar enough to menthol flavored cigarettes to satisfy people who are habituated to menthol cigarettes.

As I have detailed before, Attorney General Rob Bonta needs to block these tricks. Retailers and wholesalers of these products also need to be notified that selling them is illegal.

in addition, the FDA needs to take note of these tricks when preparing its final product standards prohibiting menthol in cigarettes and cigars. It adds to the case that the rule needs to include menthol and equivalent compounds as ingredients as well as packaging and marketing that communicates menthol and equivalents as characterizing flavors. (Only FDA can ban ingredients; states and localities can ban the sale of products.)

Thanks to Robert Jackler for collecting these examples; a Powerpoint he prepared with more examples is available here.