Flavored Cigarette Ban Takes Effect

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However, Myers said he's concerned that some manufacturers are attempting to circumvent the ban by distributing flavored cigarettes marketed as "mini-cigars."

"The very fact that the manufacturers are doing this is a demonstration of the need for the legislation," he said.

In a letter to the tobacco industry last week, the FDA clarified the new law and cautioned that the ban applies to all tobacco products that meet the definition of a cigarette, "even if they are not labeled as 'cigarettes' or are labeled as cigars or as some other product."

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In the face of the looming federal prohibition and the threat of state litigation, the flavored cigarette market has significantly retrenched in recent years, health advocates noted.

In October 2006, R.J. Reynolds Tobacco Company agreed to stop marketing cigarettes with candy, fruit and alcohol flavors under an agreement with attorneys general in 40 states. The company no longer makes blends such as "Twista Lime" or "Kauai Kolada," a pineapple and coconut-flavored cigarette, spokesman David Howard confirmed.

"Youth should not smoke; that is a guiding principle of this company," Howard said. "The bottom line is the brands that we produce are marketed for and intended for and sold to adult tobacco consumers."

One tobacco industry expert estimated that flavored cigarettes now account for just 1 percent of the cigarette market.

In addition to banning candy-, fruit- and spice-flavored cigarettes, the Family Smoking Prevention and Tobacco Control Act:

• Eliminates the use of the terms "light," "low" and "mild" on tobacco products.
• Authorizes the FDA to create a new Center for Tobacco Products to oversee tobacco regulation in the United States.
• Requires tobacco manufacturers and importers to fully disclose information about ingredients and additives in tobacco products.
• Implements regulations banning youth-focused marketing of tobacco products.
• Requires large, graphic warning labels on the health risks of smoking.

R.J. Reynolds and several other companies recently filed a lawsuit challenging certain marketing provisions of the new law. The suit, filed in federal district court in Bowling Green, Ky., does not challenge the flavored cigarette ban, nor does it challenge the FDA's authority to regulate the industry.

More information

The American Cancer Society has more on tobacco use by children.

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