[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR307.12]

[Page 341-342]
 
                     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. 307.12  Rotation, display, and dissemination of warning statements 
in smokeless tobacco advertising.

    (a) In the case of advertising for a smokeless tobacco product, each 
of the three warning statements required by the Act must be rotated 
every 4 months by each manufacturer, packager, or importer of a 
smokeless tobacco product in an alternating sequence in the 
advertisement for each brand of the product. Any rotational system, 
however, may take into account practical constraints on the production 
and distribution of advertising.
    (b) Each manufacturer, packager, or importer of a smokeless tobacco 
product must submit a plan to the Commission or its designated 
representative that ensures that the three warning statements are 
rotated every four (4) months in alternating sequence. There may be more 
than one system, however, that complies with the Act and these 
regulations. For example, a plan may require all brands to display the 
same warning during each four-month period or require each brand to 
display a different warning during a given four-month period. A plan 
shall describe the method of rotation and shall include a list of the 
designated warnings for each four-month period during the first year for 
each brand. A plan shall describe the method that will be used to ensure 
the proper rotation in different advertising media in sufficient detail 
to ensure compliance with the Act and these regulations, although a 
number of different methods may satisfy these requirements. For example, 
a satisfactory plan for advertising in newspapers, magazines, or other 
periodicals could provide for rotation according to either the cover or 
closing date of the publication. A satisfactory plan for posters and 
placards, other than billboard advertising, could provide for rotation 
according to either the scheduled or the actual appearance of the 
advertising. A satisfactory plan for point-of-sale and non-point-of-sale 
promotional materials such as leaflets, pamphlets, coupons, direct mail 
circulars, paperback book inserts, or non-print items, or for 
utilitarian objects, could provide for rotation according to the date 
the materials or objects are

[[Page 342]]

ordered by the smokeless tobacco manufacturer, or the date the objects 
or materials are scheduled to be disseminated, provided that the 
production of such materials or objects is carried out in a manner 
consistent with customary business practices.
    (c) A plan for the rotation, display, and dissemination of warning 
statements in smokeless tobacco advertising shall include a 
representative sample of each of the three warning statements required 
by the Act and these regulations. This provision does not require the 
submission of all advertising for each brand marketed by a manufacturer, 
packager, or importer of smokeless tobacco products and shall be deemed 
to be satisfied by submission of actual examples of different types of 
advertising materials for various brands, prototypes of actual 
advertising materials, the warning statement as it would appear in 
different sizes of advertisements, or acetates or other facsimiles for 
the warning statement as it would appear in different sizes of 
advertisements.

[51 FR 40015, Nov. 4, 1986. Redesignated and amended at 56 FR 11662, 
11663, Mar. 20, 1991; 58 FR 4874, Jan. 15, 1993; 61 FR 45886, Aug. 30, 
1996]