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OGC-96-38 1 (1996-09-12)

handle is hein.gao/gaobabloo0001 and id is 1 raw text is: 




GAO             United States
                General Accounting Office
                Washington, D.C. 20548

                Office of the General Counsel




                B-274333



                September 12, 1996

                The Honorable Nancy Landon Kassebaum
                Chairman
                The Honorable Edward M. Kennedy
                Ranking Minority Member
                Committee on Labor and Human Resources
                United States Senate

                The Honorable Thomas J. Bliley, Jr.
                Chairman
                The Honorable John D. Dingell
                Ranking Minority Member
                Committee on Commerce
                House of Representatives

                Subject: Department of Health and Human Services, Food and Drug
                          Administration: Regulations Restricting the Sale and Distribution of
                          Cigarettes and Smokeless Tobacco to Protect Children and Adolescents

                Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on
                a major rule promulgated by Department of Health and Human Services, Food and
                Drug Administration, entitled Regulations Restricting the Sale and Distribution of
                Cigarettes and Smokeless Tobacco to Protect Children and Adolescents (RIN: 0910-
                AA48). We received the rule on August 26, 1996. It was published in the Federal
                Register as a final rule on August 28, 1996. 61 Fed. Reg. 44395.

                The rule prohibits the sale of nicotine-containing cigarettes and smokeless tobacco
                to individuals under the age of 18; requires manufacturers, distributors, and retailers
                to comply with various conditions regarding the sale and distribution of these
                products; requires retailers to verify a purchaser's age by photographic
                identification; prohibits all free samples; limits the distribution of these products
                through vending machines and self-service displays by permitting such methods of
                sale only in facilities where access by individuals under 18 is prohibited; limits the
                advertising and labeling to which children and adolescents are exposed; prohibits
                promotional, non-tobacco items such as hats and tee shirts; prohibits sponsorship of


GAO/OGC-96-38

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