FTC pulls guidance on tobacco tar test

The Federal Trade Commission on Wednesday rescinded guidance it issued 42 years ago that has allowed tobacco companies to make claims about tar and nicotine levels based on testing by a machine.

In its advertising, the cigarette industry uses a test known as the Cambridge Filter Method to support any factual statements of tar and nicotine content in cigarette smoke. But the commission said the test method was flawed. It also said that the resulting advertisements touting tar and nicotine levels could cause consumers to believe that lighter cigarettes were safer.

“Our action today ensures that tobacco companies may not wrap their misleading tar and nicotine ratings in a cloak of government sponsorship,” agency Commissioner Jon Leibowitz said. “Simply put, the FTC will not be a smoke screen for tobacco companies’ shameful marketing practices.”

Under current marketing practices, cigarettes with a tar rating above 15 milligrams per cigarette are commonly referred to by the industry as “full flavor.” Those with a tar rating of less than 15 milligrams are referred to as “low” or “light,” and ones with a tar rating below 6 milligrams are described as “ultra low” or “ultra light.”

The National Cancer Institute found changes in cigarette design reduced the amount of tar and nicotine measured by smoking machines using the Cambridge Filter Method. But there was no evidence those changes reduced disease. The machine doesn’t account for changes by smokers, 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 originally believed that giving consumers uniform, standardized information about tar and nicotine yields of cigarettes would help them make informed decisions about the cigarettes they smoked.