[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: 16CFR307.8]

[Page 332-333]
 
                     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. 307.8  Requirements for disclosure in audiovisual and audio 
advertising.

    In the case of advertisements for smokeless tobacco on videotapes, 
casettes, or discs; promotional films or filmstrips; and promotional 
audiotapes or other types of sound recordings, the warning statement 
required by the Act and these regulations must be conspicuous and 
prominent. If the advertisement has a visual component, the warning 
statement shall be deemed to be conspicuous and prominent if it is 
superimposed on the screen in a circle and arrow format at the end of 
the advertisement for a length of time and in graphics so that it is 
easily legible. If the advertisement has an audio component, the warning 
statement shall be

[[Page 333]]

deemed to be conspicuous and prominent if it is announced at the end of 
the advertisement in a manner that is clearly audible. If an 
advertisement has both a visual and an audio component, the warning 
statement shall be deemed to be conspicuous and prominent if it is 
superimposed on the screen in a circle and arrow format and announced 
simultaneously at the end of the advertisement in a manner that is 
easily legible and clearly audible. Provided, however, in the case of an 
audio advertisement in a retail store or other place where smokeless 
tobacco products are offered for sale, no warning shall be required, 
even if a manufacturer, packager, or importer of smokeless tobacco 
products provides an incentive for disseminating the ad, so long as the 
announcement includes only the brand name or product identifier, the 
price, and the product's location in the store.