Paul Tassin  |  December 8, 2016

Category: Consumer News

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american-spirit-cigarettesNatural American Spirit cigarettes are mislabeled to make smokers think they’re safer than they actually are, according to a class action lawsuit.

Seven individual plaintiffs are challenging the labels on packs of Natural American Spirit cigarettes that represents them as being “natural” and “additive-free.”

They claim defendants Santa Fe Natural Tobacco Company and its related companies R.J. Reynolds and Reynolds American are out to purposely deceive smokers into thinking that Natural American Spirit cigarettes are safer than other brands.

“By uniformly using the terms ‘Natural’ and ‘Additive-Free’ on each and every label, Defendants intentionally and successfully convey to reasonable consumers that Natural American Spirit cigarettes are safer and healthier to smoke than other competing cigarettes,” according to the Natural American Spirit class action lawsuit.

Plaintiffs say that despite the greater safety implied on their labels, Natural American Spirit cigarettes are no safer to smoke than any other cigarettes. They claim these cigarettes have “substantially higher levels of certain known carcinogens and heavy metals” compared to other cigarettes.

The plaintiffs allege the deception is aggravated by the environmental claims on its labeling. Packages of Natural American Spirit cigarettes bear phrases such as “Earth-Friendly Tobacco,” “Supporting Farmers” and “Respect for the Earth.” They say that use of Native American imagery also reinforces a false impression of naturalness.

The class action lawsuit further challenges Natural American Spirit’s claims of having “no additives.” Defendants allegedly spike the filters of these cigarettes with menthol, which because of its volatility migrates into the cigarette’s tobacco.

All seven plaintiffs say they chose to buy Natural American Spirit cigarettes because of the representations on their label that claim they are “natural” and “additive-free.” The plaintiffs say they paid a premium over what they could have paid for other cigarettes under the impression that Natural American Spirits were safer and healthier.

The plaintiffs are proposing to represent 19 separate Classes, with each Class representing purchasers of a particular variety of cigarette in a particular state. A final catch-all Class would represent purchasers of Natural American Spirit menthol cigarettes from anywhere within the United States.

They are asking the court for an award of damages and restitution of the defendants’ revenues derived via the allegedly deceptive advertising. They are also asking for an award of court costs, attorneys’ fees, and any other relief the court deems appropriate.

The plaintiffs are represented by attorney Joel R. Rhine of the Rhine Law Firm PC, assisted by attorneys from Schlesinger Law Offices PA, Morgan & Morgan Complex Litigation Group, Halunen Law, Zimmerman Reed LLP, Cuneo Gilbert & LaDuca LLP, Finkelstein Blankinship Frei-Pearson & Garber LLP, Pearson Simon & Warshaw LLP, Searcy Denney Scarola Barnhart & Shipley PA, Reese LLP, Levin Papantonio Thomas Mitchell Rafferty & Proctor PA, and the Law Offices of Ronald A. Marron.

The Natural American Spirit Cigarettes Class Action Lawsuit is Jacques-Rene Hebert, et al. v. Santa Fe Natural Tobacco Co., et al., Case No. 1:16-cv-01390, in the U.S. District Court for the Middle District of North Carolina.

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9 thoughts onNatural American Spirit Cigarettes are Mislabeled, Class Action Says

  1. sussana golombowski says:

    Now they make organic cigs, when I ascso many thought that’s what they all were in the first place! So they got caught!! Plus organic ones cost more $$!! I purchased 1 pack of each one day, asked for sky blue which is organic and she gave me a regular pack. I said no the organic pack. She said “I thought all American spirits were organic”!! And she’s worked there for years and knows her cigs! She learned a lesson that day plus she was surprised they cost more too!!

  2. Adam says:

    Anyone know the status of this action? Most recent doc I could find online was a demand for a jury trial dated over a year ago….

  3. Alicia says:

    add me thanks

  4. alan dougls dobbins says:

    I have been smoking American cigggerette for almost 15 years, before they where bought out and raised the price from 2$ a pack to now almost 7$ some cases more, ive received coupons for 2$ packs and been smoking them for ever, I honestly didn’t hear of this suite till I was updating my email info today, 8-10-17….is it to late to be apart of this?
    I as under the impression for many years that these cigerettes where all natural and that was the foundation for my smoking this brand, I’m quite upset to hear of this disceptive marketing that American spirits has been for so long been using to keep my continuing use of there product, ive been registered for quite a long time on thee web site and never to this day have I read anything of this, I’m furiros over this with this company!!!

    Johnny_apple_seed@icloud.com
    806 934 4673

    1. Lisa Gradzewicz says:

      I feel the same way

  5. Silvana Simons says:

    Hello,
    I would like to be a participant in the Class Action lawsuits against the Natural Spirits cigarette manufacture’s. Your article about the fact that they are misleading the smokers into thinking that they are a “safer” cigarette does give us a false feeling of maybe we are in fact smoking a better cigarette. And then paying a premium price for them is a slap in the face. I wouldn’t be surprised if they are not additive free as they claim? Are we being lied to about that as well?

    Additionally, I have been seeking your website for any Class Actions suits against the makers of Marlboro cigarettes. I started smoking at the very young age of 8 years old due to “peer” pressure. At that time there were still commercials on Television with women smoking, appearing “glamorous”. If I knew then what I knew now I would not still be addicted to these cigarettes. I also believe that the manufacture’s of cigarettes are putting more “nicotine” in them to keep us hooked. I do not recall any warning labels on the packs then. You see I am 61 years old today with Emphysema, Chronic Bronchitis, and about 2 years ago my doctor’s found a Nodule in my lungs. At the current time my doctor has been monitoring it every year I am given a chest X-Ray.
    Please let me know if there are any Class Action suits pertaining to my issues. I have tried to seek counsel, but I am sure that you are aware that there is no way that a single lawyer will go against the tobacco companies.

    Addicted.

    Thank you so much.

    Sincerely
    Silvana Simons

    650-243-7326

    silvana04@att.net

  6. Melanie Fouchi says:

    I have smoked American Spirit for 8 years. Pls add me to this list

  7. Lisa Lahr says:

    Why is this site requesting my social security number to submit a claimin an action suit, that is suspicious to me?

    1. Top Class Actions says:

      Hi Lisa,
      Can you please email us at questions@TopClassActions.com with more details? We are settlement administrators and do not manage the claim process, but we can take a closer look and try to answer your questions. Thanks!

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