[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: 16CFR307.6]

[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. 307.6  Requirements for disclosure on the label.

    (a) In the case of the label of a smokeless tobacco package, the 
warning statement required by the Act and these regulations must be in a 
conspicuous and prominent place on the package. A conspicuous and 
prominent place is a part of a label that is likely to be displayed, 
presented, shown, or examined. For example, in the case of the following 
types of packages, the following places shall be deemed to be 
conspicuous and prominent.

Cylindrical can--Side of the package
Pouch--Front of the package, provided that, in the case of a pouch with 
two identical face panels, the front of the pouch is the face panel upon 
which the warning is printed
Rectangular box of snuff, plug of chewing tobacco, or dispenser of 
individual packages of smokeless tobacco that may be purchased in its 
entirety--Any side of the package, provided that the side panel used 
does not bear any written or graphic matter other than the background 
color of the side panel and reasonable extensions of graphic matter from 
other panels


However, in the case of any package of smokeless tobacco, absent special 
circumstances, the required warning statement shall not be deemed to be 
in a conspicuous and prominent place if it appears on the bottom (that 
is, the underside) of the package or is printed on the tear line or on 
any other surface where it will be obliterated when the package is 
opened. However, in the case of a rectangular package that is wrapped in 
a continuous sheet of foil or plastic with randomly appearing label 
information, the required warning shall be deemed to be in a conspicuous

[[Page 333]]

and prominent place if it appears at least once in its entirety on any 
part of the package that is not crimped or seamed.
    (b) The label statement required by the Act and these regulations 
must also be in a conspicuous format and in a conspicuous and legible 
type in contrast with all other printed material on the package. The 
required warning statement shall be deemed to be in a conspicuous format 
if it appears in two to four lines that are parallel to each other as 
well as to the base of the package. However, in the case of a 
cylindrical package with a diameter of 1 and \3/4\ inches or less the 
required warning statement need not be parallel with the base of the 
package to be deemed to be in a conspicuous format. In the case of all 
packages the required warning statement shall be deemed to be in a 
conspicuous format if it is separated in every direction from other 
written or graphic matter on the label by the equivalent of at least 
twice the point size of the type in which the warning is printed or if 
it is the only written matter on the surface of the package. The 
required warning statement shall be deemed to be in a conspicuous and 
legible type if it appears in all capitals in Univers 57 normal or an 
equivalent type style. For example, in the case of the following types 
of packages with the specified capacity, the following type sizes shall 
be deemed to be conspicuous and legible.

1 and \1/2\ ounce snuff can--Seven point type
2 to 4 ounce pouch or plug of chewing tobacco--Eight point type, 
provided that if the warning statement is printed in one line, it will 
be deemed to be conspicuous and legible in eleven point type
Can roll consisting of cans wrapped for sale as a single unit--Twelve 
point type, provided that, if the warning statements on the individual 
cans are completely visible no warning statement is required on the 
outer wrapping
Dispenser of individual packages of smokeless tobacco that may be 
purchased in its entirety--Twelve point type


The required warning statement shall be deemed to be in contrast with 
all other printed material on the package if it is printed in a color 
(including black and white) that is clearly visible against the 
background on which the warning appears.

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