American Spirit Lawsuit: Class Certified Over ‘Natural’ Marketing

The American Spirit lawsuit is a consumer class action accusing Santa Fe Natural Tobacco Company and R.J. Reynolds of deceiving smokers by marketing Natural American Spirit cigarettes as “natural,” “additive-free,” and “organic,” language plaintiffs say led buyers to believe the cigarettes were less harmful than other brands. Consolidated as a multidistrict litigation in the U.S. District Court for the District of New Mexico, the case is currently before the U.S. Court of Appeals for the Tenth Circuit on an appeal over class certification.¹

Who Is Covered by the Certified Class

On September 19, 2023, U.S. District Judge James O. Browning issued a 423-page opinion certifying classes based on a narrower “menthol theory” of the case: that American Spirit menthol cigarettes could not truthfully be labeled “additive-free” because menthol itself is an additive. He declined to certify a broader class built on the theory that the marketing implied a “safer cigarette” overall.¹²

The certification covers a nationwide menthol subclass along with state-specific menthol subclasses, each with its own start date tied to state law:³

From September 30, 2009: the nationwide menthol subclass and classes in New York, New Mexico, New Jersey, Michigan, and Massachusetts.
From September 30, 2010: Illinois.
From September 30, 2011: California, Florida, and Washington.
From September 30, 2012: Colorado.
From September 30, 2013: Ohio.

North Carolina consumers are also included in the litigation.³ The broader “safer cigarette” theory was rejected at certification, so purchasers of non-menthol American Spirit cigarettes are not part of a certified class.²

What the Lawsuit Alleges

From 1985 until 2017, Natural American Spirit was sold with the tagline “100% additive-free natural tobacco,” and packaging and advertising featured terms like “organic” along with imagery tied to environmental consciousness, sustainability, and Native American culture.³⁴⁵

Plaintiffs pursued two theories. The “safer cigarette” theory argued that the “additive-free” and “natural” branding led consumers to believe the product was less harmful than other cigarettes. The “menthol theory” argued more narrowly that a menthol cigarette cannot honestly be sold as additive-free because the menthol is itself an additive. Only the menthol theory survived at the certification stage.²

Regulators Had Already Challenged the Marketing

Two federal regulatory actions predate the class action and frame the claims in it.

In June 2000, the Federal Trade Commission settled a complaint alleging that Santa Fe Natural Tobacco falsely represented its additive-free cigarettes as less hazardous. The FTC observed that American Spirit smoke “contains numerous carcinogens and toxins, including tar and carbon monoxide.”⁶ The resulting consent order required the company to include a disclaimer in all advertising that referred to additive-free claims: “No additives in our tobacco does NOT mean a safer cigarette.”⁷

On August 27, 2015, the FDA issued a warning letter finding that the company’s use of “Natural” and “Additive Free” on labels and in a magazine campaign amounted to unauthorized modified-risk tobacco product claims under the 2009 Family Smoking Prevention and Tobacco Control Act.⁸⁹¹⁰

Where the Case Stands

Both sides sought immediate appellate review after Judge Browning’s certification ruling, and the case is now before the Tenth Circuit as Case No. 23-706. Briefing ran through 2024, with opening briefs filed in March, responses in June and July, and replies in September.²

Santa Fe Natural Tobacco and R.J. Reynolds, represented by Noel Francisco, are asking the Tenth Circuit to overturn certification. Their central argument is manageability: with millions of consumers in the class and most holding no receipts, verifying who actually bought the product because of the contested claims would overwhelm any trial with individual questions of reliance and damages. The defendants also characterize the class action as a strategy designed to pressure a settlement.¹ The Washington Legal Foundation filed an amicus brief supporting that side, urging the court to adopt a “robust ascertainability requirement” that would demand an administratively feasible method of identifying class members before a case can go to trial.¹¹

The plaintiff class is represented by Matthew Wessler of Gupta Wessler and attorneys from Public Justice. Wessler argued that individual verification is unnecessary because a jury should award a fixed damages sum calculated from the total packs sold and the price premium the company earned on its misleading health claims. Under that “common fund” approach, the court would determine total overcharge across all sales rather than prove damages consumer by consumer, and Wessler told the panel the Tenth Circuit has already held that defendants have no right to challenge each individual claimant’s recovery from a common fund.¹ Public Citizen filed an amicus brief supporting the plaintiffs.¹²

A panel of Judges David Ebel, Veronica Rossman, and Timothy Tymkovich heard oral arguments on July 16, 2025. As of mid-2026, no decision has been issued and no timeline has been given.¹

What Happens Next

The Tenth Circuit’s ruling will decide whether the certified menthol classes survive and the case moves toward trial, or whether the litigation is broken into individual claims that plaintiffs’ attorneys say most consumers could not afford to pursue on their own.¹ No settlement has been announced and no claims process is open. If you bought American Spirit menthol cigarettes during the class periods in one of the covered states, you’re currently a class member; if the certification is affirmed and the case later settles or produces a judgment, notice of any claims process would come through the court-approved channels in Dunn v. Santa Fe Natural Tobacco Co.

1
Courthouse News Service. American Spirit Asks 10th Circuit to Extinguish Class Certification in Misleading Advertising Suit
2
Public Justice. Dunn v. Santa Fe
3
GovInfo. Dunn v. Santa Fe Natural Tobacco, Memorandum Opinion and Order
4
GovInfo. In Re: Santa Fe Natural Tobacco Company MDL
5
GovInfo. Dunn v. Santa Fe Natural Tobacco Co., 10th Circuit Case No. 23-706
6
FTC. Santa Fe Natural Tobacco Company Complaint
7
FTC. Santa Fe Natural Tobacco Company Decision and Order
8
FDA via Truth in Advertising. FDA Warning Letter to Santa Fe Natural Tobacco Co.
9
Campaign for Tobacco-Free Kids. FDA Agreement With Santa Fe Natural Tobacco
10
FTC. FTC Staff Advisory Opinion Regarding Santa Fe Natural Tobacco
11
Washington Legal Foundation. WLF Urges Tenth Circuit to Adopt a Robust Ascertainability Requirement
12
Public Citizen. Dunn v. Santa Fe Natural Tobacco Co.