Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FTC seeks comments on cigarette manufacturer information requests, (Aug 12, 2014)

By Greg Hammond, J.D.

The FTC is requesting public comments on proposed information requests sent to the largest cigarette and smokeless tobacco manufacturers in the United States, for its periodic reports on domestic cigarette and smokeless tobacco sales and marketing expenditures. The notice, which is expected to be published on August 13, 2014, informs the public of the Commission’s intent to renew its three-year Office of Management and Budget (OMB) clearance to collect such information. The FTC’s current clearance is set to expire on January 31, 2015.

According to the notice, the Commission has been publishing its periodic reports on domestic cigarette sales and marketing expenditures by major U.S. cigarette manufacturers for 45 years, and on smokeless tobacco expenditures for over 25 years. The FTC currently plans to continue its information requests annually to cigarette and smokeless tobacco companies in the United States, seeking data regarding: (1) tobacco sales of industry members; (2) how much members spend on advertising and promoting their products; (3) whether industry members are involved with brand imagery or appearance of their products in television, movies, the Internet, or on social media; (4) the amount members spend on advertising to reduce youth tobacco usage; (5) the events during which members air their tobacco ads; and (6) the tar, nicotine, and carbon monoxide yields of their cigarettes.

Prior to requesting the OMB to extend the Commission’s existing clearance to request information, the FTC is seeking public comments on: (1) whether the information sought will have practical utility, and whether it is necessary for the proper performance of the agency’s functions; (2) the accuracy of the FTC’s burden estimate for the requested information; (3) methods to better the quality, utility, and clarity of the information collected; (4) methods to reduce the burden on those who are required to respond to information requests; and (5) whether the FTC should require submission of “tar,” nicotine, and carbon monoxide yields for all cigarettes sold by the companies.

Written comments must be received by the Commission within 60 days after notice is published. Comments should be labeled “Tobacco Reports: Paperwork Comment, FTC File No. P054507,” and may be mailed to: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue, NW, Suite CC-5610 (Annex J), Washington, DC 20580. Comments may also be submitted online.

News: ConsumerProtection FederalTradeCommissionNews