The Master Settlement Agreement (MSA) that R.J. Reynolds and other cigarette manufacturers signed in November 1998 sets forth numerous tobacco-marketing restrictions. In addition to those restrictions, R.J. Reynolds continues to follow several rules, as stated in the Voluntary Cigarette Advertising and Promotion Code, regarding cigarette advertising. (The remainder of the voluntary code was included in or superseded by the MSA.) These rules state:
R.J. Reynolds has decided to apply the rules set forth in the Voluntary Cigarette Advertising and Promotion Code to its smokeless and other tobacco products.
As part of our placement practice, we:
The Family Smoking Prevention and Tobacco Control Act of 2009 (FSPTCA) bans the manufacture and sale of cigarettes that have a characterizing flavor other than tobacco or menthol. R.J. Reynolds Tobacco Company complies with this ban. However, virtually all U.S. cigarettes include common flavors such as cocoa, sugar and licorice. The ability to accurately describe the taste of cigarettes to adult smokers is protected commercial free speech and central to R.J. Reynolds Tobacco Company's ability to compete. R.J. Reynolds seeks to protect its right to communicate product differences to adult smokers, while preventing perceptions that any of its products have a “characterizing flavor” as defined under the FSPTCA.
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