The Use of Colors Does Not Impact Consumer Perceptions of Modified Risk and is Protected by Manufacturers’ First Amendment Right to Differentiate Products
As with any product, different consumers quite simply have different tastes and preferences. Accordingly, many tobacco product manufacturers sell several different products within each brand family that have different tastes and provide different smoking experiences. Historically, these variants have been identified through the use of colors or terms that convey information related to product characteristics, formulation or style – associated with the product. The use of colors communicates important information about these differing products to consumers. Indeed, the Supreme Court has recognized that tobacco product manufacturers have a First Amendment right to convey such information stating that “the tobacco industry has a protected interest in communicating information about its products andadult consumers have an interest in receiving that information.” not the relative health risks
“As noted in our prior correspondence, SMARTT is a coalition of Subsequent Participating Manufacturers (“SPMs”) to the multi-state Master Settlement Agreement (“MSA”).”
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