REGULATIONS IMPLEMENT THE HEALTH WARNING REQUIREMENTS

FTC has started to review of its smokeless tobacco trade regulation rule. The regulations implement the health warning requirements of the Comprehensive Smokeless Tobacco Health Education Act of 1986. The review is part of FTC's ongoing review of all of its rules and regulations. FTC will soon publish a Federal Register notice seeking comments on the overall costs and benefits of the regulations. Also, FTC is seeking comment on several specific issues as to implementation of the Smokeless Tobacco Act. Comments will be accepted for 45 days, until April 24, 2000. (FTC Release, FTC Matter No. P994503, March 2, 2000.)

LABELING AND ADVERTISING FOR SMOKELESS TOBACCO PRODUCTS

Congress enacted the Comprehensive Smokeless Tobacco Health Education Act of 1986 to educate the public about the adverse health effects of smokeless tobacco use. Among other things, the Act requires that all labeling and advertising (except billboard advertising) for smokeless tobacco products display one of three rotational warnings:

• WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER;
• WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS;
• WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES.

The Act directs FTC to issue regulations implementing the format and display of the warnings on packaging and in advertising. The Commission's smokeless tobacco regulations, issued on November 4, 1986, set out provisions for the size, color, typeface and rotation of the statutory health warnings.

In addition to soliciting comments directed at the standard regulatory review questions regarding the economic impact of the smokeless tobacco regulations; any possible conflict between the rule and state, local or federal laws; and the effect that any technological, economic or other industry changes have had on the rule, the Commission also is seeking comments on the adequacy of the regulations in implementing the format and display provisions of the Smokeless Tobacco Act.

YOUR COMMENTS

If you'd like to comment on FTC's review, the deadline is April 24, 2000. Identify your comments as "16 CFR Part 307." Send your comments to:

Office of the Secretary, Federal Trade Commission, Room H-159, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.

FTC will also accept comments submitted to the following E-mail address: "SMOKELESS@ftc.gov".

The Commission vote to publish the Smokeless Tobacco Act review notice in the Federal Register was 5-0.

(FTC Release, FTC Matter No. P994503, March 2, 2000.)