R.J. Reynolds Pivots to New Cigarette Pitches as Flavor Ban Takes Effect - The New York Times

R.J. Reynolds has wasted nary clip since California’s prohibition connected flavored baccy went into effect successful precocious December. “California, We’ve Got You Covered,” the institution declared successful bold letters connected a flier mailed to its cigaret customers.

The instrumentality prohibits flavors, odors oregon “tastes” successful baccy products, including menthol cigarettes. But antismoking experts reason that R.J. Reynolds, the shaper of Camel and Newport brands, is trying to circumvent the prohibition by luring smokers with a suite of what it says are caller non-menthol versions offering “a sensation that satisfies the senses” and “a caller caller twist.”

The run is viewed by critics arsenic a provocation of California authorities who are expected to enforce the ban, which includes a proviso outlawing packaging oregon claims that suggest a merchandise has a flavor. The Food and Drug Administration besides is moving guardant with a nationalist plan to instrumentality menthol cigarettes disconnected the market.

To nationalist wellness authorities, the imaginable simplification successful smoking rates from a menthol prohibition could widen the magnitude and prime of millions of lives. To R.J. Reynolds and different baccy companies, the nonaccomplishment of income from menthol cigarettes could beryllium financially damaging.

Luis Pinto, the vice president of communications astatine R.J. Reynolds, said successful an email that the “products introduced successful California conscionable and comply with each applicable regulatory requirements.” He added that the caller cigarettes “are not taxable to the precocious enacted prohibition due to the fact that they bash not person a distinguishable sensation oregon aroma different than tobacco.”

But portion not each tobacco-control experts are definite that the caller products interruption the California law, they bash hold that the Reynolds selling run reflects decades-long efforts by baccy companies to protestation and flout authorities regulations.

Dr. Robert Jackler, a prof astatine Stanford Medicine who provided the ads to The New York Times, called the caller selling “outrageous.”

“The happening that surprises maine is there’s nary camouflage,” said Dr. Jackler, who received the mailers on with unit members of Stanford’s programme connected baccy advertising. “They’re saying, ‘This is our menthol replacement. And by the mode — wink, wink — it is not truly menthol.’”

The baccy spirit prohibition successful California initially took signifier arsenic a instrumentality passed by the Legislature and signed by Gov. Gavin Newsom successful 2020. Reynolds and others gathered signatures to fto voters determine done a referendum connected the issue. In November, 63 percent of voters approved the ban.

In mid-December, the U.S. Supreme Court refused to artifact the law, rejecting a petition by Reynolds. The institution had cited “substantial fiscal losses” arsenic a apt result of the ban, fixed that menthol cigarettes marque up one-third of the cigaret market. The institution had besides noted that if the prohibition were to instrumentality effect, its customers “may ne'er pledge the aforesaid marque loyalty.”

The institution had already sought to person the Supreme Court perceive a abstracted entreaty to the Los Angeles County spirit ban, which was passed successful 2019.

Bans connected flavored baccy products person been imposed successful Massachusetts and dozens of cities and counties. Several states and galore section authorities person outlawed flavored e-cigarettes. The California instrumentality besides applies to vaping products.

The California Department of Public Health said that it provided outreach to baccy retailers connected the instrumentality but that “enforcement is near to the section jurisdictions.” The Reynolds selling run was earlier reported connected the L.A. Taco quality site.

Menthol has been a large people for those who privation to trim smoking, since it infuses a cool, minty sensation that often appeals to young smokers and masks the harshness of tobacco. Studies person shown that the products person been marketed heavy to Black people.

Carol McGruder, the co-chairwoman of the African American Tobacco Control Leadership Council and a protagonist of the authorities law, said the caller ads did not astonishment her.

Fliers for the caller products were mailed to Reynolds’s customers who had sought coupons. They see ads for “new” Camel and Newport varieties with “bold, lasting flavor.” The company’s records of ingredients amusement that the Camel Crisp and the Newport EXP versions incorporate a synthetic cooling cause referred to arsenic WS-3, according to Sven Jordt, a Duke University researcher who has written about the compound successful e-cigarettes.

Dr. Jordt said that the chemic had a cooling effect but not a minty odor oregon flavor, and that the wellness effects of the additive were unknown. While different countries person banned flavored baccy oregon menthol, helium said, lone Germany and Belgium person prohibited this peculiar additive.

Mr. Pinto, of Reynolds, said the cigarettes with the cooling cause “are not taxable to the precocious enacted prohibition due to the fact that they bash not person a distinguishable sensation oregon aroma different than tobacco.”

A spokesperson for Altria, which sells Marlboro cigarettes, said the institution had stopped selling menthol cigarettes successful California and was successful compliance with the caller law.

Worldwide, baccy companies person discovered loopholes to bans connected menthol oregon flavored tobacco, studies show. In Canada, spirit cards and additive drops person been utilized to supplement unflavored products. In Denmark, smokers present person entree to menthol sprays, capsules and tubes.

Drafters of the California instrumentality had the planetary acquisition successful mind, by outlawing spirit accessories and immoderate claims that beforehand a flavored product. To Dr. Pamela Ling, the manager of the Center for Tobacco Control Research and Education astatine the University of California San Francisco, the connection is clear.

“If you squint astatine the ads, you’re going to spot this arsenic a flavorful product, whether it says it oregon not,” Dr. Ling said. “The colors, the packaging, the associations that your encephalon makes with the look and consciousness — that overrides the substance that says this is not menthol.”

Advertisements and packaging that truthful vividly suggest a spirit enactment a wide onus connected California officials to respond to Reynolds, said Matt Myers, the president of the Campaign for Tobacco-Free Kids.

“This is Reynolds fundamentally challenging California to say, ‘I don’t deliberation you’re serious,’” Mr. Myers said. If the authorities fails to instrumentality decisive action, helium added, “the manufacture erstwhile again volition escape.”

The products being marketed arsenic “new” besides look to situation the authorization of the F.D.A., according to Micah Berman, an subordinate prof of nationalist wellness and instrumentality astatine Ohio State University. Under the Tobacco Control Act, products introduced aft 2007 indispensable beryllium cleared by the agency, successful portion to support baccy companies from innovating to heighten the entreaty of their products.

“I deliberation this is thing the F.D.A. should spell backmost and instrumentality a look at,” Mr. Berman said.

Whether the products were cleared — and if they are “new,” arsenic advertised — is hard for F.D.A. officials to instantly determine. That’s due to the fact that a 2016 legal defeat for the bureau allows cigaret companies to alteration a product’s sanction without informing the F.D.A. To find retired which cigaret is successful a peculiar package, the bureau typically investigates oregon inspects records successful a manufacturing facility, said Mitch Zeller, the erstwhile manager of the F.D.A.’s baccy division.

The bureau cleared 1 Camel merchandise with an “alternative menthol” spirit capsule successful 2021. Reynolds declined to springiness The Times the authorization records for the California non-menthol cigarettes.

Abigail Capobianco, a spokeswoman for the F.D.A., said that the bureau intimately monitored compliance with federal baccy laws and regulations, and that it took corrective enactment erstwhile violations had occurred. But she declined to remark connected the caller products successful California. The bureau said it was finalizing its menthol regularisation and would “not let entities to subvert the intent” of the merchandise standard.

California’s attack to the products volition beryllium an important bellwether of however a nationalist menthol prohibition mightiness play out, Dr. Ling said.

Reynolds is “testing it out,” Dr. Ling said. “If they’re palmy successful pulling this disconnected successful California, they’ll beryllium wholly prepared to circumvent a national prohibition everyplace else.”

Adam Liptak contributed reporting.