Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents

Forms and Documents

Document	Type	Status	Availability
0312_FDA-2025-N-2652-0005_Comment_2.pdf	Public Comments	Uploaded 2025-10-21	Available
0312_FDA-2025-N-2652-0004_Comment_1.pdf	Public Comments	Uploaded 2025-10-21	Available
0910-0312_Supporting Statement A_2026.docx	Supporting Statement A	Uploaded 2026-03-26	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
192944	Notification of other advertising and labeling medium	Other-Agency Guidance; Compliance With Regulations Restricting t	Modified

ICR Details

OMB Control No: 0910-0312	ICR Reference No: 202603-0910-013
Status: Received in OIRA	Previous ICR Reference No: 202410-0910-012
Agency/Subagency: HHS/FDA	Agency Tracking No: CTP
Title: Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/27/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2026
Responses	4	25
Time Burden (Hours)	4	25
Cost Burden (Dollars)	0	0

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Abstract: This collection includes reporting information requirements for § 1140.30 and associated guidance, which direct persons to notify FDA if they intend to use a form of advertising that is not addressed in the regulations.

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Authorizing Statute(s): PL: Pub.L. 111 - 31 102 Name of Law: Tobacco Control Act
  

Citations for New Statutory Requirements: None

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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:
	90 FR 41085	08/22/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 7499	02/18/2026
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Notification of other advertising and labeling medium

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ICR Summary of Burden

	Total Request	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	4	25	0	0	-21	0
Annual Time Burden (Hours)	4	25	0	0	-21	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: The burden adjustment is related to an overall decrease in the expected number of respondents. The number of hours per response has remained the same. As a result of this adjustment, we recorded a decrease to the currently approved burden. Our estimated annual burden for the information collection reflects an overall decrease of 21 hours and a corresponding decrease in 21 responses per year. The decrease is attributed to an initial surge following the rule’s publication, which subsequently decreased to 4 respondents per year over the course of time.

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Annual Cost to Federal Government: $41,912

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.     Yes

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: 03/27/2026

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