FTC Cigarette and Smokeless Tobacco Data Collection

ICR 202406-3084-002

OMB: 3084-0134

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2024-07-11
ICR Details
3084-0134 202406-3084-002
Received in OIRA 202105-3084-003
FTC
FTC Cigarette and Smokeless Tobacco Data Collection
Revision of a currently approved collection   No
Regular 07/15/2024
  Requested Previously Approved
36 Months From Approved 08/31/2024
29 25
3,540 3,046
0 0

Pursuant to Section 6(b) of the FTC Act, 15 U.S.C. 46(b), the Commission collects information on sales and/or marketing of cigarettes, smokeless tobacco products, tobacco-free nicotine lozenges and pouches, and electronic devices used to heat non-combusted cigarettes (collectively, “subject products”) from manufacturers of cigarettes and smokeless tobacco products. Depending on the type of product a manufacturer produces, the Commission requests the information using two different instruments—that is, a Cigarette Order and a Smokeless Tobacco Order. The Commission compiles and publishes the data in two periodic reports. Using compulsory process under Section 6(b) of the FTC Act, the Commission plans to continue sending information requests annually to the ultimate parent companies of the largest cigarette companies and smokeless tobacco companies in the United States (collectively, “industry members”). The information requests will seek data regarding, among other things: (1) the cigarette or smokeless tobacco sales of industry members; (2) how much industry members spend advertising and promoting their cigarette or smokeless tobacco products, and the specific amounts spent in each of a number of specified expenditure categories; (3) whether industry members are involved in the appearance of their cigarette or smokeless tobacco products or brand imagery in television shows, motion pictures, on the internet, or on social media; (4) how much industry members spend on advertising intended to reduce youth cigarette or smokeless tobacco usage; (5) the events, if any, during which industry members’ cigarette or smokeless tobacco brands are televised; and (6) how much industry members spend on public entertainment events promoting their companies but not specific cigarette or smokeless tobacco products or such products generally. The information requests will also seek information from the cigarette companies pertaining to the annual sales, give aways, and marketing expenditures for electronic devices used to heat non-combusted cigarette products. While, in previous years, the information requests only sought information pertaining to the annual unit and dollar sales of tobacco-free nicotine lozenges and pouches, the Commission plans to seek a modification of its existing clearance in order to collect information concerning advertising and promotional expenditures for tobacco-free nicotine lozenges and pouches. The need to collect this information is predicated upon the fact that sales of tobacco-free nicotine lozenges and pouches more than doubled between 2020 and 2022, and these products appear to be especially popular with youth.

US Code: 15 USC 41 et seq. Name of Law: Federal Trade Commission Act
  
None

Not associated with rulemaking

  89 FR 20967 03/26/2024
89 FR 57412 07/15/2024
Yes

  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 29 25 0 10 -6 0
Annual Time Burden (Hours) 3,540 3,046 0 500 -6 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Miscellaneous Actions
No
Overall, there is an increase in burden due to a program change. However, at the same time, a small adjustment to a previous estimate slightly reduces the overall increase in burden resulting from this program change. There is an increase in burden due to a program change because the Commission is seeking a modification of its existing clearance in order to collect information concerning advertising and promotional expenditures for tobacco-free nicotine lozenges and pouches. The need to collect this information is predicated upon the fact that sales of tobacco-free nicotine lozenges and pouches more than doubled between 2020 and 2022, and these products appear to be especially popular with youth. As a result of this change, the Commission expects the change to result in an increase in burden of 500 hours. There is also a minor decrease in the number of total annual burden hours due to an adjustment to a previous estimate. In 2021, The Commission estimated that six of the smaller industry members would each spend one hour per year providing sales and marketing expenditure information for electronic devices used to heat non-combusted cigarettes. There are no longer any industry members that sell such devices in the United States. Although FTC staff anticipates that some of the four largest industry members will re-enter this market segment over the next three years, FTC staff does not expect that any of the smaller industry members will re-enter this market segment over the next three years. Accordingly, the Commission no longer anticipates that six of the smaller industry members will each spend one hour per year providing sales and marketing expenditure information for electronic devices used to heat non-combusted cigarettes.

$25,000
No
    No
    No
No
No
No
No
Michael Ostheimer 202 326-2699 mostheimer@ftc.gov

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
07/15/2024


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