329 



86 



of low tir «nd low nicotine cigarettes by putting into the mind of the 

 public the Idee that low tar and nicotine cigarettes represent a safer 

 alternative to high tar and nicotine cigarettes through "Insinuations," 

 "suggestive" or "Indirect" statements from which the untutored mind would 

 Infer benefits that do not exist. The Industry has played upon the 

 "susceptibility' of the smoking public, 1n particular, many (approximately 

 901) of whom have expressed an interest In quitting bi't find U very 

 difficult due to the addictive nature cT the prinjuct dnu Industry 

 advertising and promotional activities. °'.05->tiou o\ Ici.. tar and nicotine 

 cigarettes place into the mind of this s-.;)iiK;nt of L*.. ^'•'^•^1c the 'Idea' of 

 a lowering of risks or as an Intermediate step to quitting thus creating, 

 *a demand for a product hitherto not found necessary to the happiness or 

 well being of the general public". U.S. v. 46 Cartons. More or Less. 

 Containing Fairfax Cigarettes , supra 113 F. Supp. at 337. 



In addition to these practices the tobacco industry has also violated 

 other misbranding and misleading by sections of the act In falling to 

 reveal other aspects of the product that may present risks or unknowns to 

 the unsuspecting consuaer. 



1. Low Tar end Low Nicotine Cigarette Labeling. Advertising and Promotion 

 fails to disclose thet these products contain ctwical additives and 

 oth«r constituents which are harmful and may increase risks to health . 



