[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Proposed Rules]
[Pages 3665-3666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1041]


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FEDERAL TRADE COMMISSION

16 CFR Part 307


Regulations under the Comprehensive Smokeless Tobacco Health 
Education Act; Termination of Rulemaking Proceeding

AGENCY: Federal Trade Commission.

ACTION: Notice of Termination of Rulemaking Proceeding.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') has 
terminated its rulemaking concerning a proposed amendment to its 
regulations (``smokeless tobacco regulations''), , implementing the 
Comprehensive Smokeless Tobacco Health Education Act of 1986 
(``Smokeless Tobacco Act''). The proposed amendment expressly provided 
that sponsored racing vehicles and other event-related objects that 
display the brand name, logo, or selling message of smokeless tobacco 
products are advertising subject to the Smokeless Tobacco Act and the 
Commission's implementing regulations. In addition, the proposal set 
out a method for the display and rotation of the statutory health 
warnings on the objects subject to the amendment.

EFFECTIVE DATE: December 3, 2009.

ADDRESSES: Requests for copies of this notice should be sent to the 
Consumer Response Center, Room 130, Federal Trade Commission, 600 
Pennsylvania Ave., NW, Washington, DC 20580. The notice also is 
available on the Internet on the Commission's Web site, (http://www.ftc.gov).

FOR FURTHER INFORMATION CONTACT: Shira Modell, Division of Advertising 
Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Ave., NW, Washington, DC 20580, 202-326-3116.

SUPPLEMENTARY INFORMATION: In 1991, the Coalition on Smoking OR Health 
petitioned the Commission to enforce the Smokeless Tobacco Act by 
requiring rotational health warnings on sponsored racing cars, banners, 
flags, and other event-related objects. On November 4, 1993 (58 FR 
58810), the FTC published a Notice of Proposed Rulemaking (``Notice'') 
requesting public comment on a proposed amendment to the Commission's 
smokeless tobacco regulations that expressly provided that sponsored 
racing vehicles and other event-related objects bearing smokeless 
tobacco brand names, logos, or selling messages are subject to the 
statutory health warning requirements. The Notice also set out a method 
for displaying and rotating the health warnings on the objects 
encompassed by the proposed amendment.
    During the public comment period, the Commission received 
approximately 217 substantive comments, numerous petitions signed by 
members of specific racing teams, and about 53,000 postcards.\1\ Of the 
substantive comments, 200 opposed the proposed regulations and 17 
supported the proposal to require warnings on vehicles and other event-
related objects. The race team petitions likewise generally opposed the 
proposal, and the postcards contained a pre-printed message opposing 
the proposal.
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    \1\ The comments were filed by Members of Congress, a state 
governor, four manufacturers of smokeless tobacco products, state 
health agencies, a local chamber of commerce, public health and 
public interest organizations, representatives of event-related 
businesses such as arenas, race track owners, team owners, sports 
sanctioning bodies, sporting event announcers, and racing car 
drivers, as well as other individuals.
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    On June 22, 2009, President Obama signed into law the Family 
Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, 123 
Stat. 1776 (2009) (``Family Smoking Prevention Act''). The Family 
Smoking Prevention Act, among other things, transfers authority over 
the size, format, and display of the smokeless tobacco health warnings 
to the Secretary of the Department of Health and Human Services 
(``DHHS''). Thus, pursuant to the Family Smoking Prevention Act, 
determinations as to whether and how to display and rotate warnings on 
various objects or vehicles will be made by DHHS. Further, the Family 
Smoking Prevention Act directs the DHHS to re-issue its Regulations 
Restricting the Sale and Distribution of Cigarettes and Smokeless 
Tobacco to Protect Children and Adolescents, 61 FR 44615-618 (Aug. 28, 
1996). Those regulations would prohibit cigarette and smokeless tobacco 
manufacturers from sponsoring athletic and entertainment events using 
brand names, logos, or selling messages.
    Given these legislative and likely regulatory changes, the 
Commission has determined that it would be more appropriate for the 
DHHS to consider the issues raised in this rulemaking proceeding. 
Accordingly, the Commission concludes that it is not in

[[Page 3666]]

the public interest to continue this proceeding and it hereby gives 
notice of its termination.
    By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. 2010-1041 Filed 1-21-10: 8:45 am]
BILLING CODE 6750-01-S