Lawsuit: Being “Natural” Makes Cigarettes Better?

June 7th, 2016. By LucyC

Every once in a while you come across something and just have to give your head a shake. Recently, a lawsuit—a proposed consumer fraud class action—was filed against a cigarette manufacturer over allegations the product is not as “healthy” as advertised. Ok. Who’s smoking what here?

One Scott Johnson, named plaintiff, of somewhere, Florida, has taken it upon himself to file the lawsuit and is apparently willing to represent others who also feel they have been misinformed as to the health effects of Natural American Spirit cigarettes. How thoughtful. Or not. And note, this is not the first time Natural American Spirit cigs have been on the receiving end of raised eyebrows and push back–anti-tobacco groups have tried to ensure these cigarettes are in the FDA’s crosshairs.

But, a short period of serious reflection—or a Google search—would surely raise some doubt in the consumer’s brain, if not lay plain the fact that cigarettes are not healthy, at all. Never have been. Never will be, regardless of how natural or unnatural they claim to be. And there’s half a century’s worth of science to prove it.

On the other hand, maybe that’s not what the consumer fraud lawsuit is about. Perhaps, it’s about making an example of the company—outing them because they’re allegedly being dishonest—they are, in the words of the lawsuit, guilty of unjust enrichment, violation of the Florida Deceptive and Unfair Trade Practices Act, and violation of similar statutes in other states. In other words, making suckers out their customers.

However, in the interest of honesty, unless you’ve lived in a galaxy far, far away, for the past half a century, it would be difficult, although possibly not impossible, to remain unaware of the legion of data on the adverse health effects of cigarettes.

Notably, the plaintiff steers clear of the tar and nicotine issue, instead focusing on claims that the labeling for Natural American Spirit cigarettes states that they are “natural,” “additive-free,” “organic” and as an “unadulterated tobacco product.” And therein lies the rub.

According to the complaint, these terms are intended to imply that American Spirits are purer, healthier and safer than other cigarettes and that they present a reduced risk of tobacco-related disease. (Is that even possible?)

Johnson goes on to claim in the proposed suit that there is no scientific evidence to suggest American Spirits are any safer or healthier than other cigarettes. (That would be a difficult, if not impossible thing to prove. )

To strengthen his claim, Johnston states that research conducted by Santa Fe’s competitors has shown that American Spirits are not free of additives. Hey—everything has a shelf life—even carcinogens.

As a result, the complaint states, purchasers of American Spirits paid a premium for cigarettes that are no healthier than other lower-cost cigarettes. In other words, you are just as likely to become ill from smoking American Spirit Cigarettes as any other brand—but you may have saved a few pennies in the process. This begs the question, would they have paid more for a premium brand of cigarettes, knowing the health risks are likely similar?

Johnston, and any other interested plaintiffs, want their day in court, in the hopes of collecting actual and punitive damages, etc. Be interesting to see what happens—what the tolerance level is for willful ignorance—and deceptive marketing. A marriage made in lawsuit heaven.

FYI—the case is US District Court for the Southern District of Florida Fort Pierce Division Case number 1:16-CV-00474-JB-LF

This was posted on Tuesday, June 7th, 2016 at 11:14 am and is filed under Class Action, Consumer Fraud . Feel free to respond, or trackback. Read our comments policy.