Reopening and Extension of Time for Comments Concerning Proposal to Rescind Guidance Concerning the Current Cigarette Test Method, 44268 [E8-17421]

Agencies

• FEDERAL TRADE COMMISSION

[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Page 44268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17421]



[[Page 44268]]

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FEDERAL TRADE COMMISSION

[Project No. P944509]


Reopening and Extension of Time for Comments Concerning Proposal 
to Rescind Guidance Concerning the Current Cigarette Test Method

AGENCY: Federal Trade Commission.

ACTION: Notice of extension of comment period.

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SUMMARY: The Federal Trade Commission [bs](``FTC'' or 
``Commission'') has extended the date by which comments must be 
submitted concerning its proposal to rescind Commission guidance that 
it is generally not a violation of the FTC Act to make factual 
statements of the tar and nicotine yields of cigarettes when statements 
of such yields are supported by testing conducted pursuant to the 
Cambridge Filter Method. This document informs prospective commenters 
of this change and sets a new date of September 12, 2008.

DATES: Comments must be submitted on or before September 12, 2008.

ADDRESSES: Interested parties are invited to submit comments. Comments 
should refer to ``Cigarette Test Method, [P944509]'' to facilitate the 
organization of comments. A comment filed in paper form should include 
this reference both in the text and on the envelope, and should be 
mailed or delivered, with two complete copies, to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-135 
(Annex L), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Because 
paper mail in the Washington area and at the Commission is subject to 
delay, please consider submitting your comments in electronic form, as 
described below. However, if the comment contains any material for 
which confidential treatment is requested, it must be filed in paper 
form, and the first page of the document must be clearly labeled 
``Confidential.'' \1\
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    \1\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, and must 
identify the specific portions of the comment to be withheld from 
the public record. The request will be granted or denied by the 
Commission's General Counsel, consistent with applicable law and the 
public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).
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    Comments filed in electronic form should be submitted by following 
the instructions on the web-based form at https://
secure.commentworks.com/ftc-CigaretteTestMethod. To ensure that the 
Commission considers an electronic comment, you must file it on the 
web-based form at the https://secure.commentworks.com/ftc-
CigaretteTestMethod weblink. If this Notice appears at https://
www.regulations.gov, you may also file an electronic comment through 
that Web site. The Commission will consider all comments that 
regulations.gov forwards to it.
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at https://www.ftc.gov. As a matter of discretion, the FTC 
makes every effort to remove home contact information for individuals 
from the public comments it receives before placing those comments on 
the FTC Web site. More information, including routine uses permitted by 
the Privacy Act, may be found in the FTC's privacy policy at https://
www.ftc.gov/ftc/privacy/htm.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to Rosemary Rosso, Senior Attorney, Division of 
Advertising Practices, Bureau of Consumer Protection, Federal Trade 
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 
326-2174.

SUPPLEMENTARY INFORMATION: On July 14, 2008, the Commission published 
in the Federal Register a Request for Comments on its proposal to 
rescind the FTC's guidance concerning the current cigarette test 
method.\2\ That guidance, announced in 1966, indicates that factual 
statements of tar and nicotine yields based on the Cambridge Filter 
Method generally will not violate the FTC Act.\3\ If the Commission 
withdraws this guidance, advertisers should not use terms such as ``per 
FTC Method'' or other phrases that state or imply FTC endorsement or 
approval of the Cambridge Filter Method or other machine-based test 
methods. The Federal Register Notice (``Notice'') sought public comment 
on its proposal as well as comment on the effects the proposal would 
likely have on smokers' purchases of cigarettes and/or their smoking 
behavior. Pursuant to this Federal Register Notice, the current comment 
period is scheduled to end on August 13, 2008.
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    \2\ 73 FR 40,350 (Jul. 14, 2008).
    \3\ For some time, the Commission has been concerned that the 
machine-measured yields determined by the Cambridge Filter Method 
may be misleading to individual consumers who rely on the yields as 
indicators of the amount of tar, nicotine, and carbon monoxide they 
actually will get from smoking a particular cigarette. In fact, the 
current yields tend to be relatively poor indicators of tar, 
nicotine, and carbon monoxide exposure, and do not provide a good 
basis for comparison among cigarettes.
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    Philip Morris USA has requested that the Commission extend the 
comment period for an additional 60 days, or through October 14, 2008. 
According to Philip Morris, the extension will allow it and other 
interested parties to prepare more considered and comprehensive 
comments.
    The Commission appreciates the need to provide adequate opportunity 
for commenters to submit timely comments. The Commission likewise 
recognizes the need to obtain comments from parties directly affected 
by the proposal. The Commission believes that an additional 30 days is 
sufficient to allow commenters to provide considered and comprehensive 
comments. Accordingly, the Commission has decided to extend the 
deadline for comments until September 12, 2008.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8-17421 Filed 7-29-08; 8:45 am]
BILLING CODE 6750-01-P