National Association of County and City Health Officials
1100 17th Street, NW, 2nd Floor
Washington DC 20036

June 20, 2000

Donald S. Clark
Secretary, Federal Trade Commission
Room H-159
600 Pennsylvania Avenue, NW
Washington, DC 20580

Re: 16 CFR Part 307

Dear Secretary Clark:

The National Association of County and City Health (NACCHO), in partnership with the Association of State and Territorial Health Officials (ASTHO) and the National Association of Local Boards of Health (NALBOH), recently published a joint policy statement on tobacco use prevention and control. This statement calls for increased federal, state, and local regulation of tobacco products, including improvements in the current tobacco product warning labels and placement on all tobacco product packaging. NACCHO has also published a resolution on smokeless or "spit" tobacco that calls for stronger warning labels.

NACCHO recognizes that tobacco use is one of this nation's greatest public health problems and the single most preventable cause of disease, disability, and death. Many local health departments are funded to conduct comprehensive tobacco prevention and control programs, which include efforts to address the prevention use and of smokeless or "spit" tobacco, especially by adolescents. Recent focus group testing by the Centers for Disease Control and Prevention, Office on Smoking and Health revealed that many young people do not know warning labels are printed on cans of "spit" tobacco, partly because they are small, printed on one side, and often in non-contrasting colors.

While warning labels are only one element of a broad approach to preventing and controlling the use of "spit" tobacco, they are an important part of the public health effort to prevent initiation and to increase cessation. Warning label design and placement based on the same research used by spit tobacco marketers could have significant impact on reducing use of this deadly product. We applaud the Commission's efforts to examine and improve the labeling regulations for "spit" tobacco and make the following recommendations for your consideration:

A. Warning labels must be required on both the top and bottom, or back and front of the container.

B. The same labels must be required to appear on the outside of any bulk packaging containing multiple cans or boxes.

C. The warnings must be printed in a font equal to or larger than the largest font on the product label, but be at least a 14-point font.

D. If a product label contains graphics, the warning labels should also use graphics.

E. The warning must appear anywhere the product label appears, including promotional items, advertisements, and sponsorships.

F. Warning labels must be printed in a "box" format like that of cigarette warning labels in colors that provide maximum contrast to the product package.

G. The new regulations must specify the rotation of the various warnings by time period and be product specific.

H. At least one more warning must be added to the list which reads: "The use of spit tobacco leads to nicotine addiction."

I. The current label concerning "spit" tobacco as an alternative to cigarettes must be revised to read, "Warning: this product is an unsafe alternative to cigarettes," to avoid confusion by the user. Some young users, cited in CDC focus groups, have reported seeing only the words "safe alternative" in the current warning.

NACCHO represents the leaders of the nearly 3000 local public health agencies in--cities, counties and towns--who serve on the front lines in protecting and promoting the health of their communities. Should you have any questions concerning these comments, please contact Phillip Bouton, Program Manager, Tobacco Use Prevention and Control Project, at or at 202-783-5550.

Sincerely,