[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: 16CFR307.9]

[Page 339-340]
 
                     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. 307.9  Requirements for disclosure on utilitarian objects.

    (a) In the case of advertisements for smokeless tobacco products on 
utilitarian objects, the warning statements required by the Act and 
these regulations must be in a conspicuous and legible type in contrast 
with all other printed material on the object and must appear within the 
circle and arrow format. The proportions of the circle and arrow shall 
be deemed to be conspicuous if in accordance with with those set forth 
in Sec. 307.7(b). The required warning statement shall be deemed 
conspicuous if it conforms to the requirements and proportions as set 
forth in Sec. Sec. 307.7(c) and 307.7(d). For purposes of determining 
the size of the warning statement, the display area for an advertisement 
on a utilitarian object shall be the visible area on which the brand 
name, logo or selling message appears. For example, the display area for 
a t-shirt with a brand name, logo or selling message on the front or 
back is the entire front or back of the shirt, excluding any sleeves. 
For a t-shirt with a brand name, logo or selling message on the sleeve, 
the display area is the sleeve. However, in no case must the diameter of 
the circle exceed the longest line displayed in the brand name, logo or 
selling message. The Commission considers a logo to include any brand 
specific characteristics of a smokeless tobacco product, including but 
not limited to any recognizable pattern of colors or symbols associated 
with a particular brand.
    (b) The warning statement required by the Act and these regulations 
must be printed, embossed, embroidered or otherwise affixed to the 
utilitarian object with a permanence and durability that is comparable 
to the permanence and durability of the brand name, logo, or selling 
message. For example, if a product brand name or logo is embroidered on 
a hat, and a legible warning cannot be embroidered in the proper size 
due to technological limitations, the warning may be affixed to the hat 
by another method, so long as its permanence and durability is 
comparable to that of the brand name, logo or selling message.
    (c) The warning statement required by this Act and these regulations 
must be in a conspicuous and prominent location on the object. A 
conspicuous and prominent location on the object is one that is 
proximate to and on the same surface as the smokeless tobacco brand 
name, logo, or selling message, and is visible when the brand name, logo 
or selling message is visible. If the brand name, logo or selling 
message is displayed in more than one location on the utilitarian 
object, the warning must appear proximate to each brand name, logo or 
selling message. In the alternative, the warning may appear only once on 
the object; in that case, however, the advertising display area consists 
of the aggregate of all the surface areas on which any brand names, 
logos or selling messages appear.
    (d) Small Items. For those utilitarian objects under 8 square inches 
which are viewed predominantly by the user, the warning statement 
required by this Act and by these regulations shall be deemed 
conspicuous and prominent when:
    (1) Printed on the package of an item, if the item is disseminated 
in a package to the consumer. The entire surface area of the package 
would comprise the display area for purposes of determining warning size 
in accordance

[[Page 340]]

with Sec. Sec. 307.7 (c) and (d) of the current regulations; or
    (2) Placed in the form of a sticker or decal directly onto the item 
in the Number 1 warning size as set forth in Sec. Sec. 307.7 (c) and 
(d) of the current regulations. The item should be packaged in such a 
way to ensure that the sticker cannot be removed before placement in the 
hands of the consumer.
    (e) Hats. For fabric baseball style hats, the warning statement 
required by the Act and these regulations shall be deemed conspicuous 
and prominent in the Number 3 size as set forth in Sec. Sec. 307.7 (c) 
and (d).
    (f) Any manufacturer, packager or importer may apply to the 
Commission for an exemption from the warning requirements of the Act and 
these regulations for items such as food products to which the health 
warnings could logically apply. Authority to grant such exemptions has 
been delegated by the Commission to the Associate Director for 
Advertising Practices. Where significant issues not previously 
considered by the Commission are present, however, those plans will be 
referred by the Associate Director for Advertising Practices to the 
Commission in the first instance. This delegation is authorized by 
section 1(a) of the Reorganization Plan No. 4 of 1961 in order to 
enhance the efficiency and result in expedited treatment of any request 
for an exemption. The Commission's discretionary right to review actions 
of the delegate, and the procedure by which a smokeless tobacco 
manufacturer, packager, or importer may request full Commission review 
of the delegate's action are as set forth in Sec. 307.4(c) of these 
regulations.

[56 FR 11662, Mar. 20, 1991]