Christina Spicer  |  October 6, 2015

Category: Consumer News

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American Spirit class action lawsuitLast 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.

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88 thoughts onClass Action Says American Spirit Cigarettes Aren’t Natural

  1. Keepalowprofile says:

    Worst troll ever.

  2. Richard Vestal says:

    I now feel like those people of the pass who were told to smoke because it would do all these things when in all reality they were not given all the facts. And I just today told a fellow employee if they were going to smoke at least smoke this brand. Man, I smoked this brand at least 10 years believing they were better than any other one on the market. I just feel used. SHAME ON THEM. I for one am tired of being deceived by companies.

  3. Kelly Anderson says:

    Okay. Lets see. Thank You for your innocent comment. Smell them, taste them. I am highly pissed off as a smoker and user of product. (i purchase by 2 pk. special or carton only. ) … With their advertisement, me and a family member thought we could wing ourselves off like a baby suckling on tits. I am not attempting to change your mind for my feeling are my own, of course with other peoples comments here is important as well and we must listen Best advise… do what you feel in your being. Live and let live. We all have Experiences, happenings of life, attitudes with adjustments of what occurred in our lives, feelings that shape us. I would die for what I believe in (not to the extreme, but last resort and not neccessary because it is not.) Love. :)

  4. Kelly Anderson says:

    Well… it would help if you could spell correctly. fo… or for….you asked, I gave answer. Not sure how receptive your going to be with my reply. I try to be helpful.

  5. Kelly Anderson says:

    I have been a smoker of American Spirits sunshine yellow non organic pack for 5 years. My second choice was the light blue pack, if its non menthol I smoke them because of their labeling of USA grown, NATURAL and ADDITIVE FREE tobacco.

  6. Kelly Anderson says:

    Additives are added, which is a false advertisement to American consumers and an issue with the Bureau of Tabacco.

  7. Angela Connell says:

    Have smoked these in past quite often, but recently, they have been sending out coupons to me for buying pack for $2.00, and of course I used them, that is like $5.00 off a pack. I truly enjoyed these and liked them better than other brands just because they were suppose to be better for you. Feeling betrayed! Shame on them.

    1. Kelly Anderson says:

      True.

  8. julie says:

    Give me a break with everyone acting shocked & feeling misled that these cigarettes were perhaps not so healthy. I smoked them when I was 15 & bumming cigarettes off my older sister & even then I felt the harshness of them. My sister would throw up blood in the morning if she had smoked too many of them the previous night out while drinking. So enough with the fake outrage & just file a claim when/if the time comes. If you honestly didnt notice the obvious-to-even-a-15-year-old harsher effects then I have a feeling these cigarettes arent you #1 problem. File a claim, just stop the phony sniveling….have some pride for Petes sake.

    1. Kelly Anderson says:

      At 15 yr. old… you just shouldnt be smoking anyway. I feel you are to young to comment on this. This is a very serious issue here. Why are you on here and where is your guidance support ? Please go on PBS.kids or RAZkids.org and focus on school dear heart. This is a matter for grown folk. Thank You hunnybun.

  9. Rebecca says:

    I have been smoking American Spirit for years.. (Smooth Mellow-Orange) On the box of EVERY package of Natural American Spirit cigarettes it says, and I quote: No additives in our tobacco does NOT mean a safer cigarette. Which part of this disclaimer statement has people confused? American Spirit has never claimed to have a safer cigarette. Although one would expect Organic, Natural, and NO Additives to mean exactly what it says.. Nothing added, just pure naturally grown tobacco. I have no issue with the portion of the claim that NAS is a safer cigarette, they have never claimed to be and the disclaimer on the box says so. I do however, have a problem if they are adding ammonia to my cigarettes that claim to have no additives. Hello… ammonia is an additive, it isn’t a natural ingredient of tobacco. I would join the class action if something is being added when the box tells me there isn’t anything added.

    1. Kelly Anderson says:

      AMEN Rebecca… this is what we all thought as well. Misleading, misguiding, false accusations! Thanks. I am highly pissed off and feel violated as Ive paid more to receive top shelf tobacco as their ad claims, furthermore… anything USA made, produced, grown… I want to support my own country.

  10. Ryan says:

    This is this is very stupid. Ammonia evaporates at subzero temperatures therefor is not an additive. Menthol is added to the filter which does not make the words additive free tobacco dishonest. Also who the hell would ever buy a pack of menthols and assume that they contain no menthol? Anyone upset with this would probably be the type to sue after eating tons of fat free candy and becoming fat. Cant fix stupid. I hate big tobacco as much as the next guy but try to have a little evidence before making these ridiculous claims. Take all of this misplaced anger in your hearts and fight for something that matters.

    1. Kelly Anderson says:

      You sound like an American Spirit employee/affiliate/executive. Why all the bitterness and closed ears on these valid claims? Peace. Love. Concern with your tone and voicing issues that you may not have had… but this is very true and real. Ive been smoking and purchasing this brand … higher quality cigarette for 5 yr. additive free, natural tobacco, etc. over the past year, they have modified their marketing, but maintain the same underlying sale. read, because i know as i am a purchaser, user, consumer. :(

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