Cigarettes are exempt from any regulation.
The attack against Eclipse is similar to the assault that anti-tobacco activists made 12 years ago against Premier, RJR's first attempt at a smokeless cigarette. At that time, anti-tobacco forces also pressed for FDA regulation for Premier. RJR pulled the brand, a sales failure, from the market in 1989 before the agency made a decision. In marketing Eclipse, RJR officials stressed that its latest attempt at a less-risky cigarette is distinct from Premier because Eclipse contains more tobacco. Premier contained a tiny amount of tobacco, and almost 70 percent of the nicotine came from a flavor capsule containing spray-dried tobacco extract.