Information Collection under the Federal Cigarette Labeling and Advertising Act

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2024_FCLAA_Supporting Statement_Final .pdf	Supporting Statement A	Uploaded 2024-01-30	Repair queued
Cigarette Exception Letter_July 27 2023_Final.pdf	Supplementary Document	Uploaded 2023-07-27	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
261178	Burden for Importers and Manufacturers of Cigarettes	Instruction	Modified

ICR Details

OMB Control No: 3084-0175	ICR Reference No: 202311-3084-005
Status: Active	Previous ICR Reference No: 202307-3084-004
Agency/Subagency: FTC	Agency Tracking No:
Title: Information Collection under the Federal Cigarette Labeling and Advertising Act
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/11/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/30/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2027	36 Months From Approved	03/31/2024
Responses	42	0	41
Time Burden (Hours)	336	0	328
Cost Burden (Dollars)	0	0	0

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Abstract: The Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1333 et. seq., sets forth certain warnings that are required to appear on cigarette packaging and advertising. The Act requires cigarette manufacturers and importers to rotate these warnings on a quarterly basis. See id. However, under certain circumstances, manufacturers and importers with sales below a specified threshold can apply for equalization with respect to the rotation of the warnings on their packaging—meaning that they only need to display the statutorily prescribed warnings an equal number of times over the course of a year—instead of rotation “with respect to a brand style of cigarettes.” See 15 U.S.C. § 1333(c)(1) and (c)(2). Regardless of whether a manufacturer or importer chooses to apply for equalization, it must submit a plan, which is subject to the FTC’s approval and must establish how the manufacturer or importer plans to comply with the statutory labeling and advertising (if it intends to engage in advertising) requirements. See 15 U.S.C. § 1333(a). The applicant must also keep records demonstrating its compliance with the plan approved by the FTC. Manufacturers and importers may apply for equalization if “(i) the number of cigarettes of such brand style sold in the fiscal year of the manufacturer or importer preceding the submission of the application is less than one-fourth of 1 percent of all the cigarettes sold in the United States in such year, and (ii) more than one-half of the cigarettes manufactured or imported by such manufacturer or importer for sale in the United States are packaged into brand styles which meet the requirements of clause (i).” See 15 U.S.C. § 1333(c)(2)(A). Additionally, as part of this application, the manufacturer or importer must include “a plan describing how the manufacturer plans to achieve equalization within the twelve-month period.” See 15 U.S.C. § 1333(c)(2)(B). If the FTC approves the application for equalization, that approval is valid for one year from the date of the approval. See 15 U.S.C. § 1333(c)(2)(C). A manufacturer or importer that has received approval for quarterly rotation of the warnings on its packages does not need further approval from the Commission unless it intends to add new brands or brand styles to its previously-approved plan. Similarly, approval for an advertising plan does not expire, although the manufacturer or importer will need additional approval for new brands, types of advertising, or sizes of advertising formats.

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Authorizing Statute(s): US Code: 15 USC 1333 Name of Law: Federal Cigarette Labeling and Advertising Act
  

Citations for New Statutory Requirements: US Code: 15 USC 1333 Name of Law: Federal Cigarette Labeling and Advertising Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 60941	09/06/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 5893	01/30/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Burden for Importers and Manufacturers of Cigarettes

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	42	41	0	0	1	0
Annual Time Burden (Hours)	336	328	0	0	8	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a request for approval of a three-year extension of an existing clearance, pursuant to which the Federal Trade Commission collects information concerning the display of statutorily-prescribed health warnings on cigarette packaging and advertising. There is no change in the information collection.

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Annual Cost to Federal Government: $26,039

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/30/2024

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