Santa Fe Natural Tobacco Company – FDA Warning Letter, Oct 30, 2011

The FDA's Center for Tobacco Products issued a Warning Letter to Santa Fe Natural Tobacco Company, Inc. after reviewing their website, nascigs.com, and the Voodoo Experience music and art festival website, thevoodooexperience.com. The FDA determined that the company was sponsoring the Voodoo Experience using the cigarette brand name "Natural American Spirit" and its brand logo, which features a Native American in a headdress holding a pipe.

This sponsorship violates 21 C.F.R. § 1140.34(c), which prohibits manufacturers, distributors, and retailers from sponsoring musical or artistic events using a cigarette brand name or logo. Consequently, the "Natural American Spirit" cigarettes are deemed misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)).

The FDA requires immediate correction of these violations and all necessary actions to ensure compliance with the FD&C Act. Failure to comply may result in further actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. A written response detailing corrective actions, including dates of discontinued violative promotion, advertising, sale, and/or distribution, is required within 15 working days.