On September 15, 2015 the FDA entered orders banning the further sale and distribution of four R.J. Reynolds cigarette brands, including its “Camel Crush Bold” brand, because these products failed the agency’s safety review requirements. In order to comply, new cigarette brands must be essentially the same as previous products with respect to health risks. These products, however, were found to have different characteristics than the predicate products. R.J. Reynolds failed to show these new products did not raise different concerns of public health. As stated by the FDA’s Director of its Center for Tobacco Products, “These decisions were based on a rigorous, science-based review designed to protect the public from the harms caused by tobacco use.” Though it is not illegal for retailers to sell or distribute these four brands, the agency announced that it will not take action for 30 days in order to give stores and distributors time to dispose of the products.
By Michael L. Roberts