[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Notices]
[Page 2879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-784]



[[Page 2879]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0020]


Use of Tobacco Marketing Descriptors to Convey Modified Risk; 
Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is establishing a 
public docket to provide an opportunity for interested parties to share 
information, research, and ideas on tobacco product marketing 
descriptors that may be considered similar to the prohibited terms 
``light,'' ``mild,'' and ``low.'' This information will be used to 
further FDA's efforts to reduce misleading and deceptive advertising 
practices.

DATES: Submit electronic or written comments by February 18, 2010.

ADDRESSES: Submit electronic comments to http://www.regulations.gov. 
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, 
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kathleen K. Quinn, Center for Tobacco 
Products, Food and Drug Administration, 9200 Corporate Blvd., 
Rockville, MD 20850-3229, 240-276-1717, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Tobacco products are responsible for more than 440,000 deaths each 
year. The Centers for Disease Control and Prevention report that 70 
percent of the 46 million adults who currently smoke in the United 
States want to quit. Since the introduction to the American market in 
the 1960s of cigarettes marketed as ``light,'' ``low,'' or ``mild,'' 
millions of smokers have turned to these products in the false belief 
that they pose fewer health hazards and may facilitate quitting. While 
scientific evidence has demonstrated that light cigarettes do not 
reduce the health risks associated with smoking, sales of light 
cigarettes have continued to climb, accounting for 92.7 percent of 
cigarettes sold in the United States in 2006. Curbing the significant 
adverse consequences of tobacco use is one of the most important public 
health goals of our time. One step toward the realization of that goal 
is to prevent misleading labeling claims and to regulate ``modified 
risk'' tobacco products.
    On June 22, 2009, the President signed the Family Smoking 
Prevention and Tobacco Control Act (the Tobacco Control Act) into law. 
The Tobacco Control Act granted FDA important new authority to regulate 
the manufacture, marketing, and distribution of tobacco products to 
protect the public health generally and to reduce tobacco use by 
minors. Among its many provisions, the Tobacco Control Act added 
section 911(b) to the Federal Food, Drug, and Cosmetic Act (the act), 
banning the manufacture of any tobacco product ``the label, labeling, 
or advertising of which uses the descriptors `light', `mild', or `low' 
or similar descriptors;'' as of June 22, 2010.
    We are requesting comments that will inform the agency's 
development of guidance on the meaning of the term ``similar 
descriptors.'' A copy of the Tobacco Control Act is available at http://www.fda.gov/tobacco.

II. Request for Comments and Information

    Product packaging plays a critical role in fostering brand loyalty 
and communicating messages to consumers about the risks and benefits of 
product use. FDA is aware that messages of reduced harm can be conveyed 
through a variety of visual cues. We are therefore requesting comment 
on ways in which descriptors that may be considered similar to 
``light,'' ``mild'' and ``low'' used on tobacco product packaging could 
impact consumer perceptions of risk. Such descriptors may include:
     Adjectives like ``silver,'' ``fine,'' or ``smooth;''
     Colors like white, silver or pastels;
     Printed numbers associated with risk level;
     Letters (e.g., ``L'') or other symbols that connote 
``light;''
     Depiction of filters or other images that imply 
purification or healthfulness;
     Words used in brand names that have associations with 
potency, risk, or healthfulness; and
     Use of terms such as ``natural'' and ``no additives.''
    The agency will consider information submitted to the docket in 
developing guidance on the meaning of the term ``similar descriptors'' 
as it pertains to the label, labeling, or advertising of modified risk 
tobacco products.

III. Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) electronic or written comments regarding this document. 
Submit a single copy of electronic comments or two paper copies of any 
mailed comments, except that individuals may submit one paper copy. 
Comments are to be identified by the docket number found in brackets in 
the heading of this document. Received comments may be seen in the 
Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.

    Dated: January 12, 2010.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2010-784 Filed 1-15-10; 8:45 am]
BILLING CODE 4160-01-S