FTC withdraws support for 'flawed' test used to measure tar, nicotine levels in cigarettes

The
cigarette industry for 42 years has made factual claims about tar and
nicotine levels based on machine testing blessed by the Federal Trade
Commission.
Now the FTC has dropped the test, known as the Cambridge Filter Method, like a hot rock.
The
commission has rescinded guidance it issued 42 years ago, saying the
test method is flawed. It also said the resulting marketing touting tar
and nicotine levels could cause consumers to believe that lighter
cigarettes were safer.
As a result, future advertising that lists tar levels for cigarettes won't be able to use terms such as "by FTC method."
"Our
action today ensures that tobacco companies may not wrap their
misleading tar and nicotine ratings in a cloak of government
sponsorship," said Commissioner Jon Leibowitz. "Simply put, the FTC
will not be a smokescreen for tobacco companies' shameful marketing
practices."
The commission rescinded the guidance by a 4-0 vote.
Under
the current system, cigarettes with a tar rate above 15 milligrams per
cigarette are commonly referred to by the industry as "full flavor."
Cigarettes with a tar rating of less than 15 milligrams are referred to
as "low" or "light." Cigarettes with a tar rate below 6 are described
as "ultra low" or "ultra light."
The National Cancer Institute
found that changes in cigarette design reduced the amount of tar and
nicotine measured by smoking machines using the Cambridge Filter
Method. However, there was no evidence those changes reduced disease
for smokers. The machine doesn't take into account the way smokers
adjust their behavior, such as taking more or deeper puffs to maintain
nicotine levels.
"The most important aspect of this decision is
that it says to consumers that tobacco industry claims relating to tar
and nicotine are at best flawed and most likely misleading," said
Matthew Myers, president of the Campaign for Tobacco-Free Kids.
The
commission said it originally believed in the 1960s that giving
consumers uniform, standardized information about tar and nicotine
yields of cigarettes would help them make informed decisions about
cigarettes. At the time, most public health officials believed that
reducing the amount of tar in a cigarette could reduce a smoker's risk
of lung cancer. However, that premise is no longer valid.
Sen.
Frank Lautenberg, D-N.J., introduced legislation this year that would
prohibit companies from making claims based on data derived from the
FTC's testing method, but the bill did not make it to the full Senate
for a vote.
"Tobacco companies can no longer rely on the
government to back up a flawed testing method that tricks smokers into
thinking these cigarettes deliver less tar and nicotine," Lautenberg
said.
One FTC commissioner, Pamela Jones Harbor, urged Congress
to approve the regulation of tobacco by the Food and Drug
Administration. The bill would authorize government scientists to
track, analyze and regulate the components of cigarettes.
Tobacco
companies have stated clearly over the years that there is no such
thing as a safe cigarette. In a statement, Philip Morris USA, the
nation's largest tobacco company, said it remains committed to working
with the FTC and other federal authorities to identify and adopt
testing that improves on the Cambridge method.
The FTC noted
that all four major domestic cigarette makers told commissioners the
1966 guidance should be retained until a replacement test method was
approved.
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