After Smokefree Pennsylvania repeatedly informed (since 2004) those who negotiated, agreed to, and lobbied (with Altria) for the FDA
tobacco legislation (i.e. Henry Waxman, CTFK, ACS, AHA, ALA) that the removal of "light" and "ultralight" cigarette brand descriptors would result in cigarette companies simply changing to color coded packaging, and after the FDA legislation negotiators/lobbyists rejected Smokefree Pennsylvania's repeated requests to amend the legislation to truthfully inform smokers that "light" and "ultralight" cigarettes are just as hazardous as other cigarettes, those same FDA legislation negotiators/lobbyists are now feigning outrage that cigarette companies are color coding "light" and "ultralight" cigarette brands.
Below are excerpts by FDA legislation negotiators/lobbyists and FDA's Lawrence Deyton in blue, and excerpts by Smokefree Pennsylvania in red.
Bill Godshall
Executive Director
Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh, PA 15218
412-351-5880
smokefree@compuserve.com
"In anticipation of a ban against using words such as "light" or "mild" on cigarette labels and ads, tobacco companies have lightened package colors to convey the same message, a move the American Lung Association and Rep. Henry Waxman, D-Calif., have attacked as disingenuous."and
"As for the color changes, "this is a transparent attempt by the tobacco industry to evade the law and mislead consumers," Waxman said Friday."
and
""The tobacco industry is masterful in its knowledge of consumer behavior and marketing," says Paul Billings, vice president for national policy at the lung association."
USA Today, 6/14/10
Changes in cigarette pack colors called not so mild - USATODAY.com
"We are concerned that the disclaimers in your onsert would likewise be ineffective in mitigating any potential mistaken beliefs that may be perpetuated by your onsert."
Lawrence Deyton, FDA, 6/17/10
Letter to Philip Morris USA, Inc., Marketing Marlboro Lights Cigarettes with an Onsert
"By stating that only the packaging is changing, but the cigarettes will stay the same, the onsert suggests that Marlboro in the gold pack will have the same characteristics as Marlboro Lights, including any mistaken attributes associated with the "light" cigarettes.""
Matt Myers, CTFK, 6/17/10
FDA Acts to Prevent Philip Morris from Evading New Ban On Promoting Cigarettes as "Light" or "Low-Tar" (Campaign for Tobacco-Free Kids)
"Sound product regulations protect consumers from health frauds. But S.2461 perpetuates the deadliest consumer fraud (safer cigarettes) by allowing 'light' cigarettes to remain on the market in their easily recognized pack designs and colors (minus the word 'light'). Marlboro Lights largest market share would increase (at expense of competitor brands) while current customers continue smoking the brand, which Philip Morris would call Marlboro Gold. Yet, S.2461 does nothing to warn smokers that 'lights' are just as hazardous as other cigarettes."
Smokefree Pennsylvania 9/20/04 letter to US Congress
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"Although S. 625 eliminates cigarette brand descriptors "Light", "Low-Tar" and "Mild," (which arguably is the deadliest consumer fraud of the 20th century), consumers of these products would barely notice this change because these brands would remain on the market in their easily recognized package designs and colors (minus one word). Marlboro Lights, which has the largest market share of any cigarette, would simply become known as Marlboro Gold, while Marlboro Ultralights would simply become known as Marlboro Ultras or Marlboro Silver. Meanwhile, S. 625 does nothing to warn smokers that the brands previously named "Lights" and "Ultralights" are just as hazardous as other cigarettes."
Smokefree Pennsylvania 2/27/07 testimony to US Senate HELP Committee
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"While H.R. 1108 properly bans deceptive "low-tar", "light" and "mild" brand descriptors for cigarettes, the bill simultaneously perpetuates this deadly consumer health myth/fraud (also incorrectly believed by 85% of smokers) that some cigarettes are safer than others by failing to warn smokers that all cigarettes are equally hazardous, and by authorizing and paving the way for the FDA to establish deceptive cigarette emission standards based upon inaccurate cigarette machine tests (which is what created the low-tar/lights safer cigarette myth/fraud decades ago under FTC oversight)."
and
"To more adequately inform consumers about the vastly different risks of different tobacco products, Smokefree Pennsylvania urges you to SUPPORT an amendment to HR 1108 requiring the FDA to assess and make publicly available a ranking of different tobacco and nicotine-containing products based upon their health risks." Smokefree Pennsylvania 3/3/08 letter to US House Health Subcommittee
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Smokefree Pennsylvania 4/1/08 letter to US House Energy and Commerce Committee
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Smokefree Pennsylvania 7/28/08 letter to US House of Representatives
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