[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: 16CFR307.7]

[Page 327-332]
 
                     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. 307.7  Requirements for disclosure in print advertising.

    (a) In the case of print advertisements for smokeless tobacco, 
including but not limited to, advertisements in newspapers, magazines, 
or other periodicals; point-of-sale promotional materials; non-point of 
sale promotional materials such as leaflets, pamphlets, coupons, direct 
mail circulars, or paperback book inserts; and posters and placards 
(other than outdoor billboard advertising), the warning statement 
required by the Act and these regulations must be in a conspicuous and 
prominent location, in conspicuous and legible type in contrast with all 
other printed material in the advertisement and must appear in capital 
letters in a circle and arrow format. A conspicuous and prominent 
location is anywhere within the trim area other than the margin in the 
case of an advertisement in a newspaper, magazine, or other periodical, 
and in all cases is not immediately next to other written matter or to 
any circular designs, elements, or similar geometric forms (other than a 
picture of a smokeless tobacco package such as a cylindrical snuff can). 
A circle and arrow will not be deemed to be conspicuous and prominent if 
it is included as an integral part of a specific design or illustration, 
such as a picture of the package, in the advertisement, unless at least 
80 percent of the area of the advertisement is taken up by a picture of 
the package.
    (b) The advertising warning statements required by the Act and these 
regulations must be in conspicuous and legible type in contrast with all 
other printed material in the advertisement and must appear in all 
capital letters in a circle and arrow format. The proportions of the 
circle and arrow shall be deemed to be conspicuous if they are such that 
the base of the arrow is equal to \3/4\ of the diameter of the circle; 
the neck of the arrow is equal to \1/8\ of the diameter of the circle; 
the widest part of the head of the arrow is equal to the diameter of the 
circle; the tip of the arrow is centered at a point equal to \3/4\

[[Page 328]]

of the diameter from the lowest point of the circle; and the distance 
between the tip of the arrow and the base of the arrow is equal to \3/8\ 
of the diameter of the circle. The statements shall be deemed to be 
conspicous if they are parallel to the foot of the advertisement and 
centered in the circle, and the word ``WARNING'' followed by a colon 
appears in the neck of the arrow.
    (c) The required warning statement shall be deemed to be conspicuous 
if it is printed in all capitals in Univers 57 normal or an equivalent 
type style and:
    (1) The rule and the statement are printed in a color (including 
black and white) that is clearly visible against the background upon 
which they appear; and
    (2) The background field within the circle and arrow is clearly 
visible against the background of the advertisement; and
    (3) The warning has the following minimum outside dimensions in 
relation to the size of the advertisement.

[[Page 329]]

[GRAPHIC] [TIFF OMITTED] TC29SE91.041

    A warning printed in black in a circle with a black rule and a white 
interior background shall be deemed a clearly visible color against a 
clearly visible background, except that any such black on white warning 
that appears against a uniform white background in an advertisement 
shall be deemed to be conspicuous only if it meets the size requirements 
of Sec. 307.7(d) of this section.
    (d) As an alternative to the format specified in Sec. 307.7(c), the 
required

[[Page 330]]

warning statement shall be deemed to be conspicuous if it is printed in 
all capitals in Univers 67 normal or an equivalent type style and
    (1) The rule that forms the circle and arrow and the required 
statement are printed in a color (including black and white) that is 
clearly visible against the background upon which they appear,
    (2) The background of the circle and arrow is a uniform color, and
    (3) The warning has the following minimum outside dimensions in 
relation to the size of the advertisement.

[[Page 331]]

[GRAPHIC] [TIFF OMITTED] TC29SE91.042

    (e) An advertisement in a newspaper, magazine, or other periodical 
that occupies more than one page shall not be required to have more than 
one warning statement, but the dimensions of the circle and arrow shall 
be determined by the aggregate area of the entire advertisement, and the 
warning

[[Page 332]]

statement shall appear on the page that contains most of the 
advertisement. Point-of-sale and non-point of sale promotional materials 
of more than one page in length shall not be required to have more than 
one warning statement, and the dimensions of the circle and arrow shall 
be determined by the size of the advertisement on the page on which most 
of the advertisement appears. Warning statements in circles and arrows 
that meet the specifications of this section and conform to the 
following diagram shall be deemed to be in a conspicuous format.
[GRAPHIC] [TIFF OMITTED] TC29SE91.043