FTC dumps test on cigarette tar, nicotine

WASHINGTON (Reuters) - Cigarette makers will no longer be able to use government guidance from 1966 to argue that U.S. authorities view cigarettes with less tar and nicotine as safer.

The Federal Trade Commission said on Wednesday it voted 4-0 to rescind its guidance which had allowed tobacco companies to put tar and nicotine figures on cigarette packages derived from the Cambridge Filter Method.

The agency said the numbers were misleading because smokers tend to inhale more deeply when they smoke cigarettes with less tar and nicotine.

"The commission believes the statements of tar and nicotine yields as measured by this test method are confusing at best, and are likely to mislead consumers," it said in its Federal Register notice.

The commission declined to weigh in on whether it would oppose the use of terms like "light" and "ultra low," saying that the Justice Department was already fighting that battle before the courts.

U.S. District Judge Gladys Kessler ruled in 2006 that tobacco companies, including Altria Group Inc and its Philip Morris USA unit, had violated federal racketeering law in conspiring to conceal the dangers of smoking.

She also ordered the companies to cease using expressions such as "low tar" or light" in their cigarette marketing.

Her order was stayed by the U.S. Court of Appeals for the District of Columbia which is still to issue its ruling.

Other companies and trade groups appealing Kessler's ruling are: R.J. Reynolds Tobacco unit of Reynolds American Inc, Brown & Williamson, Lorillard Inc, Vector Group Ltd's Liggett Group, British American Tobacco Ltd., the Council for Tobacco Research and the Tobacco Institute.