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Tobacco Companies Change Cigarette Packaging -- Barely -- to Comply with Law
February 23, 2010

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News Summary

The packaging is almost exactly the same, but Philip Morris' Marlboro Lights brand is no more: with terms like "light" and "mild" now banned by law from tobacco marketing, the cigarettes are now being called "Marlboro Gold."

The New York Times reported Feb. 18 that critics condemned tobacco companies for flouting the spirit, if not the letter, of the law. "They're using color coding to perpetuate one of the biggest public health myths into the next century," said Gregory N. Connolly of the Harvard School of Public Health.

Other examples include R.J. Reynolds decision to relabel Salem Ultra Lights to Salem Silver Box, and Marlboro Ultra Lights transformation into Marlboro Silver.

The U.S. Food and Drug Administration (FDA) is investigating the companies' use of color in marketing their products. Tobacco company officials contend that banning certain colors would be unconstitutional.

The law giving the FDA power to regulate tobacco products only bans the use of terms like light and mild; it does not bar companies from making so-called 'light' cigarettes.

COMMENTS ON THIS ARTICLE:

Posted by Bill Godshall on 24 Feb 10 11:09 AM CST
Except that ever since 2004 I've pointed out http://www.smokefree.net/bg-announce/messages/247151.html that the FDA legislative deal negotiated and agreed to by CTFK and Philip Morris would simply change Marlboro Lights to Marlboro Gold, but do nothing to inform smokers that so-called Lights are as hazardous as other cigarettes. Unfortunately for public health, to honor their deal with Philip Morris, CTFK, ACS, AHA, ALA and Greg Connolly lobbied to DEFEAT amendments I advocated for the legislation that would truthfully inform smokers (via websites, publications, pack warnings, etc.) that all cigarettes are equally hazardous. Banning colors from cigarette packs isn't going to occur as long as Roberts, Scalia, Thomas, Alito, Kennedy (and probably the other four) remain on Supreme Court. Last month, Federal Judge McKinley struck down the black-and-white thombstone advertising provision in the FDA tobacco law (that would ban color tobacco ads in places accessible to youth) because it violated the 1st amendment.

Posted by Joshua on 24 Feb 10 11:59 AM CST
this seems like kind of a non-issue. I just don't beleive that anyone can grow to the age of adulthood in the United States and believe that a cigarette is a safe product. if the tobacco companies changed the name from "cigarette" to "death delivery system" and packaged them all in black boxes with a skull and crossbones on the front, they would sell in exactly the same quantity, and be even more appealing to teenagers.

Posted by Diane on 24 Feb 10 12:40 PM CST
I don't get this. Advertising was NEVER protected by the 1st Amendment. When did this change? Would it matter if someone did a study on how customers interpret this lighter-colored packaging? The technique is the same with food, soft drinks, beer. I believe the concent is universal, and therefore, clearly understandable to the consumer. Wouldn't this be another way to prove intent (like manipulating the nicotine content)?

Posted by Rachel on 07 Jun 10 01:03 PM CDT
I want to know where the idea came from that cigarette smokers viewed "light" cigarettes as being less of a health hazard. Smokers know the difference. A light cigarette has a lighter taste, where as a heavier cigarette, say a Malboro Red, has a heavier taste. I agree with Joshua, the issue of packaging an lables seems to be a non issue. In Europe there are cigarettes sold in a black package with the simple words "Smoking Kills" in white letters. There's a duty free store of Smoking Kills Cigarettes in Heathrow airport. In Australia pictures of cancerous lungs are displayed on cigarette boxes, but to the governments dismay had no impact on cigarette sales. I think we need to stop analyzing the public's smoking habits as if it were the result of a marketing scheme. In this day and age the hazards of smoking are well known by all. Everyone takes their own risk, some people just don't care that something they like to do might kill them.

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