[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Rules and Regulations]
[Pages 36509-36510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14678]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1141

[Docket No. FDA-2019-N-3065]
RIN 0910-AI39


Tobacco Products; Required Warnings for Cigarette Packages and 
Advertisements; Delayed Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; delay of effective date.

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SUMMARY: As required by an order issued by the U.S. District Court for 
the Eastern District of Texas, this action delays the effective date of 
the final rule (``Tobacco Products; Required Warnings for Cigarette 
Packages and Advertisements''), which published on March 18, 2020. The 
new effective date is July 13, 2022.

DATES: The effective date of the rule amending 21 CFR part 1141 
published at 85 FR 15638, March 18, 2020, delayed at 85 FR 32293, May 
29, 2020, and 86 FR 3793, January 15, 2021, is further delayed until 
July 13, 2022.

FOR FURTHER INFORMATION CONTACT: Courtney Smith, Office of Regulations, 
Center for Tobacco Products, Food and Drug Administration, Document 
Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver 
Spring, MD 20993-0002, 1-877-287-1371, email: 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of March 18, 2020, 
the Food and Drug Administration (FDA or Agency) issued a final rule 
establishing new cigarette health warnings for cigarette packages and 
advertisements. The final rule implements a provision of the Family 
Smoking Prevention and Tobacco Control Act (Tobacco Control Act) (Pub. 
L. 111-31) that requires FDA to issue regulations requiring color 
graphics depicting the negative health consequences of smoking to 
accompany new textual warning label statements. The Tobacco Control Act 
amends the Federal Cigarette Labeling and Advertising Act of 1965 (Pub. 
L. 89-92) to require each cigarette package and advertisement to bear 
one of the new required warnings. The final rule specifies the 11 new 
textual warning label statements and accompanying

[[Page 36510]]

color graphics. Pursuant to section 201(b) of the Tobacco Control Act, 
the rule was published with an effective date of June 18, 2021, 15 
months after the date of publication of the final rule.
    On April 3, 2020, the final rule was challenged in the U.S. 
District Court for the Eastern District of Texas.\1\ On May 8, 2020, 
the court granted a joint motion to govern proceedings in that case and 
postpone the effective date of the final rule by 120 days.\2\ On 
December 2, 2020, the court granted a new motion by the plaintiffs to 
postpone the effective date of the final rule by an additional 90 
days.\3\ On March 2, 2021, the court granted another motion by the 
plaintiffs to postpone the effective date of the final rule by an 
additional 90 days.\4\ On May 21, 2021, the court granted another 
motion by the plaintiffs to postpone the effective date of the final 
rule by an additional 90 days.\5\ The court ordered that the new 
effective date of the final rule is July 13, 2022. Pursuant to the 
court order, any obligation to comply with a deadline tied to the 
effective date is similarly postponed, and those obligations and 
deadlines are now tied to the postponed effective date.
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    \1\ R.J. Reynolds Tobacco Co. et al. v. United States Food and 
Drug Administration et al., No. 6:20-cv-00176 (E.D. Tex. filed April 
3, 2020).
    \2\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. May 
8, 2020) (order granting joint motion and establishing schedule), 
Doc. No. 33.
    \3\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. 
December 2, 2020) (order granting Plaintiffs' motion and postponing 
effective date), Doc. No. 80.
    \4\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. 
March 2, 2021) (order granting Plaintiffs' motion and postponing 
effective date), Doc. No. 89.
    \5\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. May 
21, 2021) (order granting Plaintiffs' motion and postponing 
effective date), Doc. No. 91.
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    To the extent that 5 U.S.C. 553 applies to this action, the 
Agency's implementation of this action without opportunity for public 
comment, effective immediately upon publication today in the Federal 
Register, is based on the good cause exception in 5 U.S.C. 553(b)(B). 
Seeking public comment is impracticable, unnecessary, and contrary to 
the public interest. The 90-day postponement of the effective date, 
until July 13, 2022, is required by court order in accordance with the 
court's authority to postpone a rule's effective date pending judicial 
review (5 U.S.C. 705). Seeking prior public comment on this 
postponement would have been impracticable, as well as contrary to the 
public interest in the orderly issuance and implementation of 
regulations.

    Dated: June 24, 2021.
Janet Woodcock,
Acting Commissioner of Food and Drugs.
    Dated: July 06, 2021.
Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2021-14678 Filed 7-9-21; 8:45 am]
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