The FDA used its new, but limited authority over tobacco products, saying the four brands of cigarettes do not meet what they call “substantial equivalence,” reports NBC News.
The agency ordered retailers who are selling the products to stop selling them immediately and to dispose of them within 30 days or face penalties or criminal prosecution.
The four cigarette brands affected by the order include Camel Crush Bold, Pall Mall Deep Set Recessed Filter, Pall Mall Deep Set Recessed Filter Menthol and Vantage Tech 13. They were introduced during a grace period set up by federal law that ended in 2011.
R.J. Reynolds applied for “substantial equivalence status” at that time. According to the New York Times, this means the tobacco products must show they have the same characteristics as products already on the market, or if they are different, must not raise any new health concerns.
The FDA used a 2009 federal law that says the agency can reject any cigarettes or other tobacco products if their scientists believe the products pose a greater health risk than comparable products already on the market.
Mitch Zeller, director of the FDA’s Center for Tobacco Products, spoke with reporters during a telephone briefing on Tuesday, saying, “Today’s actions reflect the FDA’s ability to use its legal authority under scientific review. Tobacco use continues to be the leading cause of preventable disease and death.”
The FDA said that Camel Crush contains a little menthol capsule in the filter that is new. The agency’s scientists are concerned that this might make the cigarettes more appealing. As for the Pall Mall products, the manufacturer wouldn’t give the FDA enough information about the sweeteners and other flavors used in the products.
“These four tobacco products are now considered misbranded and adulterated,” the FDA’s Ann Simoneau said.
