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California Says New Cigarettes Appear to Violate State鈥檚 Flavored Tobacco Ban

A photo of various cigarette brands being advertised outside of a store.

California鈥檚 attorney general is warning two tobacco companies that their new cigarettes appear to violate a state ban on most flavored tobacco products that was upheld by voters last year.

Attorney General Rob Bonta to R.J. Reynolds and ITG Brands LLC, dated April 25, warning that the packaging and promotional materials for nine reformulated versions of Camel, Newport, and Kool cigarettes were likely against the law.

California鈥檚 ban includes menthol-flavored cigarettes, and the state said it determined after a review that the products are 鈥減resumptively flavored under the California flavor ban law.鈥 It gave the companies until June 23 to respond.

The federal government last year to ban menthol cigarettes and flavored cigars, and tobacco companies鈥 response to the California law has been seen as a preview of how they would handle a national ban. Rhode Island, New Jersey, New York, and Massachusetts also ban flavored tobacco, which by the Centers for Disease Control and Prevention found was favored by young smokers. The mint flavor in menthol cigarettes has a cooling effect that can blunt harsh cigarette smoke, making it easier to start smoking.

R.J. Reynolds, which produces the seven Camel and Newport varieties challenged by the state, said Thursday that its cigarettes comply with the law and that it will work with the attorney general鈥檚 office to make sure they can still be sold in California.

The cigarettes 鈥渄o not impart a distinguishable taste or aroma other than tobacco,鈥 the company said. 鈥淲e market these products to clearly indicate that they are non-menthol.鈥

R.J. Reynolds said California鈥檚 review of its cigarettes was based on packaging and marketing materials, not the cigarettes themselves. ITG Brands did not respond to repeated requests for comment.

The attorney general鈥檚 letters include examples of marketing materials and a side-by-side comparison of the similar-looking menthol and non-menthol cigarette packaging, and assert that the companies promote the new varieties 鈥渁s substitutes or replacements鈥 for menthol-flavored cigarettes.

Camel promises 鈥渟mooth tobacco flavor and a crisp smoking experience,鈥 while Kool鈥檚 marketing says it is 鈥渟till bold鈥 and 鈥渟till smooth.鈥

鈥淣ever compromise, California,鈥 urges the Newport brand. 鈥淚ntroducing what鈥檚 next in fresh. The non-menthol for menthol smokers.鈥

California鈥檚 ban was approved by state lawmakers in 2020, but it was delayed when tobacco companies gathered enough signatures to put the issue before voters. After it was upheld by nearly two-thirds of voters last November, it took effect on Dec. 21.

The Campaign for Tobacco-Free Kids called the attorney general鈥檚 letters 鈥渁 significant step forward鈥 that 鈥渋s sending a clear message that California is serious about enforcing the law and will not tolerate the tobacco industry鈥檚 efforts to evade it.鈥 It said the new cigarettes 鈥渉ave a cooling flavor similar to menthol.鈥

The attorney general鈥檚 office cited a portion of that creates 鈥渁 rebuttable presumption that a tobacco product is flavored鈥 if the manufacturer markets it as being flavored. That includes using labeling or packaging 鈥渢o explicitly or implicitly communicate that the tobacco product has a characterizing flavor.鈥

The specific products being challenged are Kool Non-Menthol, Kool Blue Non-Menthol, Camel Crisp, Camel Crush Oasis Silver, Camel Crush Oasis Blue, Camel Crush Oasis Green, Newport Non-Menthol Green, Newport EXP Non-Menthol Mix, and Newport EXP Non-Menthol Max.

This article was produced by 杨贵妃传媒視頻 Health News, which publishes , an editorially independent service of the .

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