[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Proposed Rules]
[Pages 3664-3665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1043]


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FEDERAL TRADE COMMISSION

16 CFR Part 307


Request for Comments Concerning Regulations Implementing the 
Comprehensive Smokeless Tobacco Health Education Act of 1986; 
Termination of Regulatory Review

AGENCY: Federal Trade Commission.

ACTION: Notice of Termination of Regulatory Rule Review.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') has 
terminated the regulatory review of its regulations (``smokeless 
tobacco regulations''), implementing the Comprehensive Smokeless 
Tobacco Health Education Act of 1986 (``Smokeless Tobacco Act'').

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 1986, Congress enacted the Smokeless 
Tobacco Act, requiring manufacturers, importers, and packagers of 
smokeless tobacco products to display on a rotating basis one of three 
statutory health warnings on product packages and in most advertising 
(other than billboards). The 1986 Smokeless Tobacco Act also directed 
the FTC to issue implementing regulations governing the format and 
display of the health warnings. The Commission issued its smokeless 
tobacco regulations on November 4, 1986.\1\ 51 FR 40015. The Smokeless 
Tobacco Act also directed the FTC to review and approve,

[[Page 3665]]

if appropriate, smokeless tobacco plans specifying how affected 
companies planned to comply with the rotational warning requirements 
specified in the Smokeless Tobacco Act and the implementing 
regulations.
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    \1\ The original regulations exempted utilitarian items such as 
hats or other personal items. The exemption was challenged, and the 
Court of Appeals for the District of Columbia ordered the Commission 
to delete the exemption. Public Citizen v. FTC, 869 F. 2d 1541 (D.C. 
Cir. 1989), aff'g, 688 F. Supp. 667 (D.D.C. 1988). As a result, the 
Commission amended its regulations to include provisions for the 
rotation and display of the statutory warnings on utilitarian items. 
56 FR 11654 (Mar. 20, 1991).
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    On March 7, 2000, the Commission published a request for public 
comment on the regulations, 65 FR 11944, as part of its periodic review 
of its trade regulation rules and guides. The purpose of the review was 
to determine whether the existing smokeless tobacco regulations 
continued to meet the goals of the Smokeless Tobacco Act and to provide 
the protections intended when they were promulgated. The comment period 
was extended twice in 2000, 65 FR 26534 (May 8, 2000) and 65 FR 60899 
(Oct. 13, 2000). The request for comments elicited 39 written 
responses.\2\ Virtually all of the comments supported the continuation 
of health warnings on smokeless tobacco packages and in advertising. 
Most comments also recommended that the FTC amend its regulations to 
require stronger, more effective, and more enforceable health warning 
requirements. Members of the smokeless tobacco industry recommended 
against any amendments, stating that the existing regulations 
effectively served the purpose of the Smokeless Tobacco Act.
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    \2\ The commenters included Members of Congress, officials at 
federal, state, and local government health agencies, the largest 
smokeless tobacco manufacturer, the smokeless tobacco trade 
association, a manufacturer of cigarettes and smokeless tobacco 
products, public health organizations, and 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, amends the Smokeless 
Tobacco Act to require new size, format, and display requirements for 
the statutory health warnings, and to transfer authority over the 
review and approval of rotational warning plans to the Secretary of the 
Department of Health and Human Services (``DHHS''). The Family Smoking 
Prevention Act also gives the Secretary of the DHHS authority to change 
the warning statements and to change the size, format, and display 
requirements of those warnings. The statute specifies that the new 
warning scheme for smokeless tobacco products will become effective by 
July 2010.
    Given the new statutory size, format, and display requirements, and 
the transfer of authority over the health warnings to the DHHS, the 
Commission's regulatory review has been terminated.
    By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. 2010-1043 Filed 1-21-10; 8:45 am]
BILLING CODE 6750-01-S