Class Action Says American Spirit Cigarettes Aren’t Natural

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Last week, a class action lawsuit was filed against Santa Fe Natural Tobacco Company Inc., the makers of American Spirit cigarettes, and their parent company Reynolds American Inc., alleging that the companies falsely advertise their cigarette product as “natural,” “organic,” and “additive free” when in reality the cigarettes contain ammonia to maximize the amount of freebase nicotine.

Lead plaintiff, Florida resident Justin Sproule, alleges in his class action lawsuit that American Spirit cigarettes are touted as healthier than other cigarettes and have become the fastest-growing super-premium cigarette brand on the market. However, he alleges the cigarettes actually contain ammonia and menthol to increase the amount of nicotine taken in by the smoker and to improve taste.

“American Spirits consumers, like plaintiff, expect that the cigarette is healthier than other cigarettes,” the class action lawsuit alleges. “These consumers associate defendants’ advertising terms such as ‘natural,’ ‘organic,’ and ‘additive free’ with reduced risk.” Sproule alleges that the tobacco company studies confirm these associations by consumers as well.

Santa Fe also sells American Spirit in health food stores and includes literature from “America’s leading natural foods teacher” that includes claims the cigarettes are medicinal and that Native Americans smoke similar additive-free cigarettes without developing cancer, according to the American Spirit class action lawsuit.

“Defendants’ claims are patently deceptive, especially in today’s market, where these terms have a potent meaning for the health- and environmentally-conscious consumer,” says Sproule in the American Spirit class action lawsuit.

These health claims are fraudulent, according to the American Spirit class action lawsuit. Santa Fe adds ammonia to maximize the amount of freebase nicotine, says Sproule, which results in more of the addictive nicotine being delivered to the smoker.

The class action lawsuit alleges that American Spirit cigarettes contain 36 percent freebase nicotine compared with Camel’s 2.7 percent, Winston’s 6.2 percent and Marlboro’s 9.6 percent. Additionally, the American Spirit class action lawsuit alleges that Santa Fe adds menthol to flavor the cigarettes.

Officially named Natural American Spirit, American Spirit cigarettes are the fastest-growing super-premium cigarette brand, achieving an 86 percent increase in its sales from 2009 to 2014, while cigarette sales have declined 17 percent overall in the United States, according to the cigarette labeling class action lawsuit.

The class action lawsuit also alleges that the U.S. Food and Drug Administration sent Santa Fe a warning letter about its marketing of American Spirit on Aug. 27.

“[Santa Fe’s] conduct is with knowing, conscious and deliberate disregard for the rights and safety of consumers,” argues Sproule in his American Spirit class action lawsuit, asking the court to award punitive damages in “an amount appropriate to punish defendants and deter them from similar conduct in the future.”

According to the class action lawsuit, the proposed Class would include anyone in the United States who has purchased Natural American Spirit cigarettes for personal consumption from their first date of issue through at least Aug. 27. Additionally, damages in excess of $5 million should be awarded, according to the plaintiff.

Sproule is represented by Scott P. Schlesinger, Jonathan R. Gdanski and Jeffrey L. Haberman of Schlesinger Law Offices PA.

The American Spirit Class Action Lawsuit is Sproule v. Santa Fe Natural Tobacco Co. Inc., et al., Case No. 0:15-cv-62064, in the U.S. District Court for the Southern District of Florida.