The firm behind the line of cigarettes being described as "natural" is being targeted in a class-action lawsuit.
A Florida-based law firm filed the lawsuit this week against American Spirit cigarettes maker Santa Fe Natural Tobacco Co. and its parent company Reynolds American Inc.
The plaintiff claims that the marketing strategy of the cigarette maker deliberately attempts to mislead smokers to believe that the products they offer are healthier compared with other tobacco products.
The lawsuit cites a warning from the Food and Drug Administration (FDA) that says the use of words "natural" or "additive free" in advertising is a violation of the federal law. Santa Fe has notably used these words when describing its products.
"Natural American Spirit products are made with 100 percent additive-free tobacco and include thirteen cigarette styles and four roll-your-own styles," reads the Santa Fe website.
Santa Fe has been using the words to market its American Spirit brand of cigarettes since it was founded over three decades ago. The labels were subjected to increased scrutiny and legal challenges though as sales increase even with the shrinking cigarette market in the U.S.
The lawsuit filed by Joules Sproule in U.S. District Court for the Southern District of Florida notes that the sales of American Spirit grew by 86 percent between the years 2009 and 2014, which is in stark contrast with the 17 percent drop in cigarette sales in the U.S. during the same period.
The complaint seeks damages on behalf of those who use the cigarette brand because they have been deceived by claims of American Spirit being regarded as safer than other brands of cigarette in the market.
The lawsuit says that the descriptive words "additive-free," "natural" and "organic" are patently deceptive particularly in today's market where the terms can have potential meaning for consumers who are health and environmentally conscious.
The complaint adds that the company exploits its marketing message by selling its products in health food stores. The cigarettes also come with literature that claims Native Americans smoke such additive free cigarettes and not develop cancer, which could give smokers the wrong impression about the product.
Santa Fe spokesman Seth Moskowitz said that he could not make a comment on the lawsuit due to company policy. The company, however, has asked for a meeting with federal health regulators to discuss about its marketing.
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