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GAO-11-841R 1 (2011-07-26)

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          GAO
        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-322217


          July 26, 2011

          The Honorable John D. Rockefeller IV
          Chairman
          The Honorable Kay Bailey Hutchison
          Ranking Member
          Committee on Commerce, Science, and Transportation
          United States Senate

          The Honorable Fred Upton
          Chairman
          The Honorable Henry A. Waxman
          Ranking Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Department of Health and Human Services, Food and Drug Administration:
                  Required Warnings for Cigarette Packages and Advertisements

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Health and Human Services, Food and
          Drug Administration (FDA), entitled Required Warnings for Cigarette Packages and
          Advertisements (RIN: 0910-AG41). We received the rule on July 12, 2011. It was
          published in the Federal Register as a final rule on June 22, 2011. 76 Fed. Reg.
          36,628.

          The final rule amends FDA's regulations to add a new requirement for the display of
          health warnings on cigarette packages and in cigarette advertisements. The final
          rule implements a provision of the Family Smoking Prevention and Tobacco Control
          Act (Tobacco Control Act) that requires FDA to issue regulations requiring color
          graphics, depicting the negative health consequences of smoking, to accompany
          nine new textual warning statements required under the Tobacco Control Act. The
          final rule specifies the color graphic images that must accompany each of the nine
          new textual warning statements required by the Tobacco Control Act.

          Enclosed is our assessment of FDA's compliance with the procedural steps required
          by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of


GAO-1 1-841R

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