FTC Cigarette and Smokeless Tobacco Data Collection

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.

The latest form for FTC Cigarette and Smokeless Tobacco Data Collection expires 2027-09-30 and can be found here.

Cigarette and Smokeless Tobacco Products

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