National Working Group for ACTTION

January 26, 2010

The Food and Drug Administration is seeking input from the public on a provision in the Family Smoking Prevention and Tobacco Control Act addressing the advertising of tobacco products.  The provision bans the terms light, mild, or low in the labeling or advertising of tobacco products and extends to the use of “similar descriptors.”  To aid the agency in spelling out the meaning of this term “similar descriptors” and developing regulations in anticipation of the June effective date of this important advertising provision, it is asking interested parties to share information, research, and ideas on tobacco product marketing descriptors that may be considered similar to the prohibited terms already listed in the law.

The ACTTION community is working to ensure that FDA is aware of the role that product descriptors can play in discouraging quit attempts or undermining the resolve of smokers are trying stay tobacco free.  Your insight and experience in working with patients who are trying to quit and have relapsed due to the allure of so-called “light” products will be important to the FDA in fashioning a strong, no-holes regulatory framework that fosters an environment where quitting is encouraged and the siren call of the industry to light up is muted.  Please share what you know with FDA as soon as possible. Send copies to ACTTION (www.acttiontoquit.org – Contact Us) so we can share with others on our web page.

When terms such as “light” or “low” are used in labeling and marketing of cigarettes, many smokers use these brands believing these cigarettes to be less risky or to be a step toward quitting.  The intention of prohibiting the use of such terms is to reduce misleading and deceptive tobacco advertising practices and to increase the probability that people will decide to stop smoking, or not start.

The FDA tobacco control law requires regulation of additional terms which are similar to those specified in the law. Public health researchers have noted that in many countries the tobacco industry is finding ways around the ban on specific misleading descriptors by adopting alternative descriptors (“smooth” and “fine”) or by devices such as color- coding.  In light of this, the FDA would like advice on ways to prevent misleading and deceptive cues in tobacco advertising.

In the Federal Register notice requesting assistance in their effort to expand the list of prohibited terms, the FDA notes that the following could be included:

• Adjectives like ‘‘silver,’’ ‘‘fine,’’ or ‘‘smooth’’;

• Colors like white, silver or pastels;

• Printed numbers associated with risk level;

• Letters (e.g., ‘‘L’’) or other symbols that connote ‘‘light’’;

• Depiction of filters or other images that imply purification or healthfulness;

• Words used in brand names that have associations with potency, risk, or

healthfulness; and

• Use of terms such as ‘‘natural’’ and ‘‘no additives”.

Partners are encouraged to provide comments to the FDA in response to this request.  Those with an interest in marketing and advertising and the psychology of smokers could be particularly helpful to the FDA. 

The Federal Register notice can be found at Docket No. FDA–2010–N–0020:

http://edocket.access.gpo.gov/2010/pdf/2010-784.pdf

Comments are due by February 18, 2010.