[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR307.11]

[Page 334-335]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 307_REGULATIONS UNDER THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
EDUCATION ACT OF 1986--Table of Contents
 
Sec. 307.11  Rotation, display, and distribution of warning statements 
on smokeless tobacco packages.

    (a) In the case of the package of a smokeless tobacco product, each 
of the three warning statements required by the Act must (1) be 
displayed randomly by each manufacturer, packager, or importer of a 
smokeless tobacco product in each 12-month period in as equal a number 
of times as possible on each brand of the product and (2) be randomly 
distributed in all parts of the United States in which the product is 
marketed. The Commission will interpret the statutory language ``equal 
number of times as possible'' as permitting deviations of 4 percent or 
less in a 12-month period. Random distribution means that there is 
nothing in the production or distribution process of a smokeless tobacco 
product that would prevent the three warning statements on the package 
from being distributed evenly in all parts of the United States where 
the product is marketed.
    (b) Each manufacturer, packager, or importer of a smokeless tobacco 
product shall submit to the Commission or its designated representative 
a plan that provides for the display of the three warning statements on 
the package of a smokeless tobacco product as

[[Page 335]]

required by the Act and these regulations. This plan shall be 
sufficiently detailed to enable the Commission to determine whether the 
warning statements appear on the package in a manner consistent with the 
Act and these regulations. These requirements may be satisfied in a 
number of ways. For example, a plan may satisfy the equal display 
requirement by providing for the engraving or preparation of cylinders, 
plates, or equivalent production materials in a manner that results in 
the simultaneous printing of the three required warnings in as near an 
equal number of times as possible under the circumstances. 
Alternatively, a plan may satisfy the equal display requirement by 
providing that stickers bearing the three required warnings be printed 
in equal numbers and affixed randomly to packages of the product. 
Alternatively, a plan may satisfy the equal display requirement by 
providing for the preparation of separate cylinders, plates, and 
equivalent production materials and requiring that they be changed at 
fixed intervals in a manner that results in the display of the three 
required warnings in as near an equal number of times as possible under 
the circumstances during a 1-year period. In any event, nothing in these 
regulations requires the use of more than one warning statement on the 
label of any brand during a given 4-month period.
    (c) A plan for the rotation, display, and distribution of warning 
statements on smokeless tobacco packages shall include representative 
samples of labels with each of the three warning statements required by 
the Act and these regulations. This provision does not require 
submission of a label with each of the required warning statements for 
every brand marketed by a manufacturer, packager, or importer of 
smokeless tobacco products and shall be deemed to be satisfied by 
submission of labels for different types of smokeless tobacco products, 
such as moist snuff, scotch snuff, and loose-leaf and plug chewing 
tobacco, and a range of package sizes for each type of product.

[51 FR 40015, Nov. 4, 1986. Redesignated at 56 FR 11662, Mar. 20, 1991]