Natural American Spirit Class Action Says Cigarettes Aren’t ‘Additive Free’

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A class action lawsuit claims that Natural American Spirit cigarettes’ advertised as “natural” and “additive free” intentionally misleads consumers into thinking that the cigarettes are healthier than they are.

Plaintiff Clive Pontusson claims that he regularly purchases multiple varieties of Natural American Spirit cigarettes in his home state of Washington and elsewhere.

Pontusson says he viewed the product’s packaging that claimed the cigarettes were “natural” and “additive free,” and purchased them specifically because he believed they were made with additive-free tobacco and were healthier than other cigarettes.

The Natural American Spirit class action lawsuit claims that all of the cigarettes that Pontusson purchased bore the same label. Allegedly, the cigarettes were priced higher than comparable cigarettes not labeled as “natural,” and “additive free.”

The plaintiff says defendants Santa Fe Natural Tobacco Company, Reynolds American Inc., and R.J. Reynolds Tobacco Company intentionally misrepresent Natural American Spirit cigarettes as healthier and safer than other cigarettes to entice consumers into buying them.

Pontusson claims that had he known the cigarettes were no better for his health than other cigarettes, he would not have purchased them, or would not have paid as much for them.

He seeks damages on behalf of himself and similarly affected consumers. Pontusson also seeks an injunction requiring the companies to cease their practice of marketing the cigarettes as “natural” and “additive free.”

The Natural American Spirit class action lawsuit claims that the companies’ choice to market the cigarettes as made with “additive free” and “natural” tobacco is the latest in a string of attempts to get the public to see Natural American Spirit cigarettes as not dangerous.

Allegedly, because research showing that tobacco smoking is dangerous to human health is so well established, the companies can no longer claim that smoking cigarettes improves health, as the Santa Fe Natural Tobacco company’s predecessors once did.

Now, the companies are attempting to convey that consumers can make a healthier choice for their health based on what brand of cigarette they choose to purchase, according to the American Spirit class action lawsuit.

The American Spirit cigarette class action lawsuit claims that Natural American Sprit cigarettes are not, in fact, healthier for users than other cigarettes.

Allegedly, the cigarettes contain higher levels of some known carcinogens and heavy metals than their competitors do.

Additionally, the natural cigarette class action lawsuit alleges that Natural American Spirit cigarettes release high levels of “free-base” nicotine, making them at least as addictive as other brands of cigarettes.

Pontusson claims that the companies are intentionally catering to consumers’ preference for heath-conscious foods, and their willingness to pay more for such products.

The Natural American Spirit cigarettes class action lawsuit alleges the cigarettes are also often advertised as “organic,” another word consumers associate with healthy products.

Lastly, Pontusson claims that the companies’ use of Native American imagery in their advertising conveys an association with “natural” and “organic” products, further misleading consumers through associations.

The plaintiffs are represented by Joel Rhine of the Rhine Law Firm; Scott Schlesinger, Jonathan Gdanski and Jeffrey Haberman of Schlesinger Law Offices; Melissa Wolchansky and Amy E. Boyle of Halunen Law, and others.

The Natural American Spirit Cigarettes Class Action Lawsuit is Clive Pontusson v. Santa Fe Natural Tobacco Company Inc., et al., Case No. 1:18-cv-00594-LCB-LPA, in the U.S. District Court for the Middle District of North Carolina, Winston Salem Division.