29776 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Notices 

District Office. The SWR SBR presents 

these workshops to help achieve 

objectives set forth in section 406 of the 

Food and Drug Administration 

Modernization Act of 1997 (21 U.S.C. 

393), which include working closely 

with stakeholders and maximizing the 

availability and clarity of information to 

stakeholders and the public. This is 

consistent with the purposes of the SBR 

Program, which are in part to respond 

to industry inquiries, develop 

educational materials, sponsor 

workshops and conferences to provide 

firms, particularly small businesses, 

with firsthand working knowledge of 

FDA’s requirements and compliance 

policies. This workshop is also 

consistent with the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Public Law 104–121), as outreach 

activities by government agencies to 

small businesses. 

The goal of this public workshop is to 

present information that will enable 

manufacturers and regulated industry to 

better comply with labeling 

requirements, especially in light of 

growing concerns about obesity and 

food allergens. Information presented 

will be based on agency position as 

articulated through regulation, 

compliance policy guides, and 

information previously made available 

to the public. This is a hands-on 

workshop. Topics to be discussed at the 

workshop include: (1) Mandatory label 

elements, (2) nutrition labeling 

requirements, (3) the Food Allergen 

Labeling and Consumer Protection Act 

of 2004, (4) voluntary health and 

nutrient content claims and (5) special 

labeling issues such as exemptions and 

current topics on food labeling and 

nutrition. FDA expects that 

participation in this public workshop 

will provide regulated industry with 

greater understanding of the regulatory 

and policy perspectives on food labeling 

and increase voluntary compliance. 

Dated: May 21, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–12740 Filed 5–26–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2010–N–0207] 

Tobacco Product Advertising and 

Promotion to Youth and Racial and 

Ethnic Minority Populations; Request 

for Comments 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice; request for data and 

information. 

SUMMARY: The Food and Drug 

Administration (FDA) is soliciting 

information, research, and ideas to 

assist FDA in fulfilling its 

responsibilities regarding tobacco 

product advertising and promotion that 

is designed to appeal to specific racial 

and ethnic minority populations in the 

United States. For the same reasons, we 

are also interested in receiving 

information about the advertising and 

promotion of menthol and other 

cigarettes to youth in general, and to 

youth in minority communities. After 

reviewing the submitted information, 

research, and ideas, FDA will be better 

able to fulfill its responsibilities under 

The Family Smoking Prevention and 

Tobacco Control Act (Tobacco Control 

Act). 

DATES: Submit electronic or written 

comments by July 26, 2010. 

ADDRESSES: Submit electronic 

comments to http:// 

www.regulations.gov. Submit written 

comments to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen K. Quinn, Center for Tobacco 

Products, Food and Drug 

Administration, 9200 Corporate Blvd., 

Rockville, MD 20850–3229, 240–276– 

1717, e-mail: 

Kathleen.Quinn@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Tobacco products are responsible for 

more than 440,000 deaths each year. 

The rates of tobacco use and tobaccorelated mortality are higher among 

certain racial/ethnic groups, including 

American Indian and Alaska Natives, 

and African-American men. As the 

National Cancer Institute (NCI) noted in 

Monograph 19, ‘‘[t]argeting of various 

population groups—including * * * 

specific racial and ethnic populations 

* * * has been strategically important 

to the tobacco industry.’’ (Ref. 1). 

The first Surgeon General’s Report to 

address the tobacco industry’s history of 

targeting its marketing to minority 

communities was published in 1998 

(Ref. 2). Additionally, studies from the 

early 1990s document that outdoor 

tobacco advertising was 

disproportionately targeted to young 

people and to minority communities 

(Refs. 3 and 4). A longitudinal study 

conducted from 1990 to 1994 in 4 types 

of Los Angeles ethnic neighborhoods 

found that, ‘‘[c]ompared with White 

neighborhood thoroughfares, African 

American and Hispanic neighborhoods 

contained a greater tobacco ad density, 

and all minority neighborhoods 

contained greater tobacco ad 

concentration along the roadsides 

* * *. These data are consistent with 

the assertion that tobacco companies 

target ethnic minorities with higher 

rates of advertising and ethnically 

tailored campaigns.’’ (Ref. 5). A metaanalysis published in 2007 confirmed 

that ‘‘African Americans are exposed to 

a higher volume of pro-tobacco 

advertising in terms of both 

concentration and density.’’ (Ref. 6). In 

addition to the volume of advertising, 

the methods used in targeting 

advertisements to some specific 

communities have also been studied. 

For example, Monograph 19 discusses 

how advertising for mentholated brands 

to African-Americans was designed 

around lifestyle appeals relating to 

‘‘fantasy and escapism,’’ ‘‘expensive 

objects,’’ and ‘‘nightlife, entertainment, 

and music’’ themes (Ref. 7). However, as 

NCI noted, ‘‘little attention has been 

paid to understanding tobacco 

marketing aimed at American Indians 

and Alaska Natives, despite their high 

prevalence of tobacco use.’’ (Ref. 8). 

Tobacco marketing to Asian Americans 

is also under-studied. 

On June 22, 2009, the President 

signed the Tobacco Control Act into 

law. The Tobacco Control Act grants 

FDA important new authority to 

regulate the manufacture, marketing, 

and distribution of tobacco products to 

protect the public health generally and 

to reduce tobacco use by minors. Among 

its many provisions, the Tobacco 

Control Act added section 907(e)(1) to 

the Federal Food, Drug, and Cosmetic 

Act (the act) (21 U.S.C. 387g(e)(1)). 

Section 907(e)(1) of the act requires the 

Secretary of Health and Human Services 

(the Secretary) to ‘‘refer to the [Tobacco 

Products Scientific Advisory] 

Committee for report and 

recommendation * * * the issue of the 

impact of the use of menthol in 

cigarettes on the public health, 

including such use among children, 


wwoods2 on DSK1DXX6B1PROD with NOTICES
Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Notices 29777 

African-Americans, Hispanics, and 

other racial and ethnic minorities.’’ 

In addition, section 906(d) of the act 

(21 U.S.C. 387f(d)) gives the Secretary 

authority to impose restrictions on the 

advertising and promotion of a tobacco 

product that the Secretary determines 

are appropriate to protect the public 

health. 

Section 105(a) of the Tobacco Control 

Act (21 U.S.C. 387f-1) requires the 

Secretary to develop and publish an 

action plan to enforce restrictions on the 

sale, distribution, promotion, and 

advertising of menthol and other 

cigarettes to youth. The provision 

requires that the Secretary develop this 

plan in consultation with public health 

organizations and other stakeholders 

with demonstrated experience and 

expertise in serving minority 

communities. The action plan must also 

include provisions designed to ensure 

enforcement of the restrictions on the 

sale, distribution, promotion, and 

advertising of menthol and other 

cigarettes to youth in minority 

communities. 

More information about tobacco 

advertising, promotion, and marketing 

to minority population groups will 

assist FDA in implementing the public 

health goals of the Tobacco Control Act. 

To assist FDA in carrying out the 

previously mentioned provisions in a 

manner that will protect the public 

health, FDA seeks information about the 

advertising and promotion of tobacco 

products to particular racial and ethnic 

minority populations. A better 

understanding of this advertising and 

promotion will help FDA understand 

what steps, if any, may be appropriate 

under section 906(d) of the act. In 

addition, we are requesting comments 

that will assist the agency’s 

development of an action plan regarding 

enforcement of regulations on 

advertising and promotion of menthol 

and other cigarettes to youth generally 

and to youth in minority communities. 

FDA is also seeking information that 

will assist the Tobacco Products 

Scientific Advisory Committee in 

understanding and developing 

recommendations regarding the impact 

of the use of menthol in cigarettes 

among children, African-Americans, 

Hispanics, and other racial and ethnic 

minorities. A copy of the Tobacco 

Control Act is available at http:// 

www.fda.gov/tobacco. 

II. Request for Information 

1. Product advertising and promotion 

play a critical role in fostering brand 

loyalty and communicating messages to 

consumers. FDA is aware that messages 

can be conveyed through a variety of 

visual cues and that, historically, 

messages about tobacco products have 

been created to appeal to specific racial 

and ethnic communities. Increased 

understanding of such messaging will 

assist FDA in determining what steps to 

take, if any, regarding the sale, 

distribution, advertising, and promotion 

of tobacco products that may be 

appropriate for the protection of public 

health. We are therefore requesting 

information on ways in which the 

advertising and promotion of tobacco 

products may affect tobacco use among 

racial and ethnic minority populations. 

2. In the Federal Register of March 

19, 2010 (75 FR 13225), FDA published 

final regulations restricting the sale and 

distribution of cigarettes and smokeless 

tobacco to protect children and 

adolescents. Those regulations take 

effect June 22, 2010. Therefore, FDA is 

also seeking input specifically on 

designing an action plan regarding 

enforcement of the final regulations on 

advertising and promotion of menthol 

and other cigarettes to youth generally 

and to youth in minority communities. 

3. FDA is also requesting information 

that will assist the Tobacco Products 

Scientific Advisory Committee to better 

understand, report on, and make 

recommendations regarding the impact 

of the use of menthol in cigarettes 

among children, African-Americans, 

Hispanics, and other racial and ethnic 

minorities. 

III. Comments 

Interested persons may submit to the 

Division of Dockets Management (see 

ADDRESSES) either electronic or written 

comments regarding this document. It is 

only necessary to send one set of 

comments. It is no longer necessary to 

send two copies of mailed comments. 

Identify comments with the docket 

number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

IV. References 

The following references have been 

placed on display in the Division of 

Dockets Management (see ADDRESSES) 

and may be seen by interested persons 

between 9 a.m. and 4 p.m., Monday 

through Friday. 

1. National Cancer Institute, U.S. 

Department of Health and Human Services, 

‘‘The Role of the Media in Promoting and 

Reducing Tobacco Use,’’ Tobacco Control 

Monograph No. 19; p. 11, 2008. 

2. U.S. Department of Health and Human 

Services, ‘‘Tobacco Use Among U.S. Racial/ 

Ethnic Minority Groups—African Americans, 

American Indians and Alaska Natives, Asian 

Americans and Pacific Islanders, and 

Hispanics,’’ A Report of the Surgeon General; 

p. 220, 1998. 

3. Mitchell, O. & M. Greenberg, ‘‘Outdoor 

Advertising of Addictive Products,’’ New 

Jersey Medicine; 88, p. 331, 1991 (finding 

that billboards in black and Hispanic 

neighborhoods in four New Jersey cities 

disproportionately contained advertisements 

for tobacco and alcohol products.) 

4. Ammerman, S.D. & M. Nolden, 

‘‘Neighborhood-Based Tobacco Advertising 

Targeting Adolescents,’’ Western Journal of 

Medicine; 162, pp. 514–518, 1995 (finding 

that adolescent exposure to tobacco billboard 

advertisements in San Francisco in 1992 and 

1993 was greater in Latino neighborhoods 

due to a greater adolescent population, and 

finding that qualitative analyses of the 

tobacco advertisements ‘‘suggested that 

adolescents are the primary targets.’’) 

5. Stoddard, J.L., et. al., ‘‘Tailoring Outdoor 

Tobacco Advertising to Minorities in Los 

Angeles County,’’ Journal of Health 

Communication; 3, p. 137, 1998. 

6. Primack, B.A., et al., ‘‘Volume of 

Tobacco Advertising in African American 

Markets: Systematic Review and MetaAnalysis,’’ Public Health Reports; 122, p. 607, 

2007. 

7. National Cancer Institute, U.S. 

Department of Health and Human Services, 

‘‘The Role of the Media in Promoting and 

Reducing Tobacco Use,’’ Tobacco Control 

Monograph No. 19; p. 57, 2008. 

8. Id., p. 15. 

Dated: May 21, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–12684 Filed 5–26–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID: FEMA–2010—0029] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request, 1660–0032; U.S. 

Fire Administration’s National Fire 

Academy Evaluation Collection 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice; 60-day notice and 

request for comments; revision of a 

currently approved information 

collection; OMB No. 1660–0032; FEMA 

Form 064–0–4, NFA Distance Learning 

Course Evaluation Form; FEMA Form 

064–0–5, NFA End of Course Evaluation 

Form; FEMA Form 064–0–10, USFA 

Conference/Symposium Form. 

SUMMARY: The Federal Emergency 

Management Agency, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 


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