[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Proposed Rules]
[Pages 41148-41150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17512]
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FEDERAL TRADE COMMISSION
16 CFR Part 423
[RIN 3084-AB28]
Care Labeling of Textile Wearing Apparel and Certain Piece Goods
as Amended
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Advance notice of proposed rulemaking; request for public
comment.
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SUMMARY: As part of the Commission=s systematic review of all current
FTC rules and guides, the Commission requests public comment on the
overall costs, benefits, necessity, and regulatory and economic impact
of the FTC's Rule on Care Labeling of Textile Wearing Apparel and
Certain Piece Goods as Amended (``Care Labeling Rule'' or ``Rule'').
The Commission also requests comment on whether it should modify the
Rule's provision permitting the use of care symbols or modify the Rule
to address either the disclosure of care instructions in languages
other than English or the practice of professional wetcleaning.
DATES: Written comments must be received on or before September 6,
2011.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Care Labeling Rule, 16
CFR Part 423, Project No. R511915'' on your comment, and file your
comment online at https://ftcpublic.commentworks.com/ftc/carelabelinganpr by following the instructions on the web-based form.
If you prefer to file your comment on paper, mail or deliver your
comment to the following address: Federal Trade Commission, Office of
the Secretary, Room H-113 (Annex A), 600 Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Robert M. Frisby, Attorney, Division
of Enforcement, Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202)
326-2098.
SUPPLEMENTARY INFORMATION:
I. Background
The Rule makes it an unfair or deceptive act or practice for
manufacturers and importers of textile wearing apparel and certain
piece goods to sell these items without attaching care labels stating
``what regular care is needed for the ordinary use of the product.''
\1\ The Rule also requires that the manufacturer or importer possess,
prior to sale, a reasonable basis for the care instructions,\2\ and
allows the use of approved care symbols in lieu of words to disclose
care instructions.\3\
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\1\ 16 CFR 423.5 and 423.6(a) and (b).
\2\ 16 CFR 423.6(c).
\3\ The Rule provides that the symbol system developed by ASTM
International, formerly the American Society for Testing and
Materials, and designated as ASTM Standard D5489-96c ``Guide to Care
Symbols for Care Instructions on Consumer Textile Products'' may be
used on care labels or care instructions in lieu of terms so long as
the symbols fulfill the requirements of Part 423. 16 CFR 423.8(g).
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The Commission promulgated the Rule in 1971, and has amended it
three times since.\4\ In 1983, the Commission amended the Rule to
clarify its requirements regarding the disclosure of washing and
drycleaning information.\5\ In 1997, the Commission adopted a
conditional exemption to allow the use of symbols in lieu of words.\6\
In 2000, the Commission amended the Rule to clarify what constitutes a
reasonable basis for care instructions, and to change the Rule's
definitions of ``cold,'' ``warm,'' and ``hot'' water.\7\
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\4\ Federal Trade Commission: Care Labeling of Textile Wearing
Apparel: Promulgation of Trade Rule and Statement of Basis and
Purpose, 36 FR 23883 (Dec. 16, 1971).
\5\ Federal Trade Commission: Amendment to Trade Regulation Rule
Concerning Care Labeling of Textile Wearing Apparel and Certain
Piece Goods, 48 FR 22733 (May 20, 1983).
\6\ Federal Trade Commission: Concerning Trade Regulation Rule
on Care Labeling of Textile Wearing Apparel and Certain Piece Goods;
Conditional Exemption from Terminology Section of the Care Labeling
Rule, 62 FR 5724 (Feb. 6, 1997).
\7\ Federal Trade Commission: Trade Regulation Rule on Care
Labeling of Textile Wearing Apparel and Certain Piece Goods, Final
Amended Rule, 65 FR 47261 (Aug. 2, 2000).
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At the same time it amended the Rule in 2000, the Commission
rejected two amendments it had proposed earlier. First, the Commission
decided not to require labels with instructions for home washing on
items that one can safely clean by home washing. The Commission was not
convinced that the evidence was sufficiently compelling to justify this
change, and concluded that
[[Page 41149]]
the benefits of the proposed change were highly uncertain.\8\ Second,
the Commission decided not to establish a definition for ``professional
wetcleaning'' or permit manufacturers to label a garment that one can
professionally wetclean with a ``Professionally Wetclean''
instruction.\9\ The Commission stated that it was premature to allow
such an instruction before the development of a suitable definition and
an appropriate test method.\10\ The Commission added that it would
consider such an instruction if a more specific definition and/or test
procedure were developed which would provide manufacturers with a
reasonable basis for a wetcleaning instruction.\11\
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\8\ Id. at 47269.
\9\ The Commission proposed a definition of professional
wetcleaning stating in part that it is ``a system of cleaning by
means of equipment consisting of a computer-controlled washer and
dryer, wet cleaning software, and biodegradable chemicals
specifically formulated to safely wet clean wool, silk, rayon, and
other natural and man-made fibers.'' Id. at 47271 n. 99.
\10\ Id. at 47272.
\11\ Id. at 47273.
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The International Organization for Standardization (``ISO'') has
now developed standards relating to wetcleaning.\12\ These standards
and other developments may warrant amendments to the Rule regarding
wetcleaning.
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\12\ These include ISO 3175-4: 2003, ``Textiles--Professional
care, drycleaning and wetcleaning of fabrics and garments--Part 4:
Procedure for testing performance when cleaning and finishing using
simulated wetcleaning'' and ISO 3758: 2005, ``Textiles--Care
labelling code using symbols.''
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Finally, ASTM International (``ASTM'') has developed ASTM D5489-07
``Standard Guide for Care Symbols for Care Instructions on Textile
Products,'' an updated version of the ASTM standard referenced in
Section 423.8(g) of the Rule. As noted earlier, that section provides
that the symbol system set forth in ASTM Standard D5489-96c ``Guide to
Care Symbols for Care Instructions on Consumer Textile Products'' may
be used on care labels or instructions in lieu of words. Some labels
use symbols other than those allowed by the Rule. Further, some labels
provide care instructions in English and other languages. These
developments may warrant amendments regarding the use of symbols, such
as updating the Rule to reference the latest ASTM standard, and
disclosure of care instructions in multiple languages.
II. Regulatory Review Program
The Commission reviews its rules and guides periodically. These
reviews seek information about the costs and benefits of the rules and
guides as well as their regulatory and economic impact. These reviews
assist the Commission in identifying rules and guides that warrant
modification or rescission. Therefore, the Commission now solicits
comments on, among other things, the economic impact of, and the
continuing need for, the Care Labeling Rule, the benefits of the Rule
to consumers purchasing products covered by the Rule, and the burdens
the Rule places on firms subject to its requirements.
III. Request for Comment
The Commission solicits comments on the following specific
questions related to the Care Labeling Rule:
(1) Is there a continuing need for the Rule as currently
promulgated? Why or why not?
(2) What benefits has the Rule provided to, or what significant
costs has the Rule imposed on, consumers? Provide any evidence
supporting your position.
(3) What modifications, if any, should the Commission make to the
Rule to increase its benefits or reduce its costs to consumers?
(a) Provide any evidence supporting your proposed modifications.
(b) How would these modifications affect the costs and benefits of
the Rule for consumers?
(c) How would these modifications affect the costs and benefits of
the Rule for businesses, particularly small businesses?
(4) What impact has the Rule had on the flow of truthful
information to consumers and on the flow of deceptive information to
consumers? Provide any evidence supporting your position.
(5) What benefits, if any, has the Rule provided to, or what
significant costs, including costs of compliance, has the Rule imposed
on businesses, particularly small businesses? Provide any evidence
supporting your position.
(6) What modifications, if any, should be made to the Rule to
increase its benefits or reduce its costs to businesses, particularly
small businesses?
(a) Provide any evidence supporting your proposed modifications.
(b) How would these modifications affect the costs and benefits of
the Rule for consumers?
(c) How would these modifications affect the costs and benefits of
the Rule for businesses, particularly small businesses?
(7) Provide any evidence concerning the degree of industry
compliance with the Rule. Does this evidence indicate that the Rule
should be modified? If so, why, and how? If not, why not?
(8) Provide any evidence concerning whether any of the Rule's
provisions are no longer necessary. Explain why these provisions are
unnecessary.
(9) What potentially unfair or deceptive practices concerning care
labeling, not covered by the Rule, are occurring in the marketplace?
(a) Provide any evidence, such as empirical data, consumer
perception studies, or consumer complaints, demonstrating the extent of
such practices.
(b) Provide any evidence demonstrating whether such practices cause
consumer injury.
(c) With reference to such practices, should the Rule be modified?
If so, why, and how? If not, why not?
(10) What modifications, if any, should be made to the Rule to
account for current or impending changes in technology or economic
conditions?
(a) Provide any evidence supporting the proposed modifications.
(b) How would these modifications affect the costs and benefits of
the Rule for consumers and businesses, particularly small businesses?
(11) Does the Rule overlap or conflict with other federal, state,
or local laws or regulations? If so, how?
(a) Provide any evidence supporting your position.
(b) With reference to the asserted conflicts, should the Rule be
modified? If so, why, and how? If not, why not?
(c) Provide any evidence concerning whether the Rule has assisted
in promoting national consistency with respect to care labeling.
(12) Are there foreign or international laws, regulations, or
standards with respect to care labeling that the Commission should
consider as it reviews the Rule? If so, what are they?
(a) Should the Rule be modified in order to harmonize with these
international laws, regulations, or standards? If so, why, and how? If
not, why not?
(b) How would such harmonization affect the costs and benefits of
the Rule for consumers and businesses, particularly small businesses?
(c) Provide any evidence supporting your position.
(13) Should the Commission modify the Rule to address the use of
professional wetcleaning? If so, why and how? If not, why not? Provide
any evidence supporting your position.
(14) Should the Commission modify the Rule to address the
development of ASTM D5489-07 ``Standard Guide for Care Symbols for Care
Instructions on Textile Products'' or the use of symbols other than
those set forth in the ASTM Standard D5489-96c ``Guide to Care Symbols
for Care Instructions on Consumer Textile Products''? If so, why
[[Page 41150]]
and how? If not, why not? Provide any evidence supporting your
position.
(15) Should the Commission modify the Rule to address disclosure of
care instructions in languages other than English? If so, why and how?
If not, why not? Provide any evidence supporting your position.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before September 6,
2011. Write ``Care Labeling Rule, 16 CFR Part 423, Project No.
R511915'' on your comment. Your comment--including your name and your
state--will be placed on the public record of this proceeding,
including, to the extent practicable, on the public Commission Web
site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of
discretion, the Commission tries to remove individuals' home contact
information from comments before placing them on the Commission Web
site.
Because your comment will be made public, you are solely
responsible for making sure that your comment doesn't include any
sensitive personal information, like anyone's Social Security number,
date of birth, driver's license number or other state identification
number or foreign country equivalent, passport number, financial
account number, or credit or debit card number. You are also solely
responsible for making sure that your comment doesn't include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, don't
include any ``[t]rade secret or any commercial or financial information
which is obtained from any person and which is privileged or
confidential,'' as provided in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, don't
include competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\13\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
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\13\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/carelabelinganpr by following the instructions on the Web-based
form. If this Notice appears at http://www.regulations.gov/#!home, you
also may file a comment through that Web site.
If you file your comment on paper, write ``Care Labeling Rule, 16
CFR Part 423, Project No. R511915'' on your comment and on the
envelope, and mail or deliver it to the following address: Federal
Trade Commission, Office of the Secretary, Room H-113 (Annex A), 600
Pennsylvania Avenue, NW., Washington, DC 20580. If possible, submit
your paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at http://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the collection of public
comments to consider and use in this proceeding as appropriate. The
Commission will consider all timely and responsive public comments that
it receives on or before September 6, 2011. You can find more
information, including routine uses permitted by the Privacy Act, in
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
List of Subjects in 16 CFR Part 423
Care labeling of textile wearing apparel and certain piece goods;
Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-17512 Filed 7-12-11; 8:45 am]
BILLING CODE 6750-01-P