[Federal Register Volume 61, Number 226 (Thursday, November 21, 1996)]
[Rules and Regulations]
[Pages 59181-59182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29798]
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FEDERAL TRADE COMMISSION
16 CFR Part 21
Guides for the Mirror Industry
AGENCY: Federal Trade Commission.
ACTION: Final rules; Recision of the guides for the mirror industry.
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SUMMARY: The Guides for the Mirror Industry were promulgated in 1962 to
prevent deception in the sale and marketing of mirrors for decorative
and utilitarian uses with respect to the material content of the glass
from which mirrors were made and the method by which the backing was
affixed to mirrors. When the Mirror Guides were adopted, the process
used to manufacture glass for mirrors was not uniform and there were no
industry standards that regulated quality, reflectivity, or durability
of mirrors. Since that time, the glass industry, and as a result the
mirror industry, have undergone significant changes. First, mirrors are
no longer made from ``plate glass'' or ``sheet glass,'' both of which
produced mirrors with a high level of distortion. Today, all commercial
glass manufacturers use the Pilkington process to manufacture float
glass. This process produces high quality glass that is almost
distortion-free. Second, industry standards have been promulgated that
govern the quality, acceptable levels of distortion, reflectivity and
durability of glass suitable for use in mirrors. Third, the process
used to affix copper backing to mirrors has undergone significant
technological improvement that lessens, if not eliminates, the
potential for deception as to the type of backing used. Finally, due to
technological changes, industry participants consider much of the
terminology used in the Mirror Guides to be obsolete. These facts
appear to make the Mirror Guides obsolete and unnecessary. Because of
these changes, the Commission has determined that it is in the public
interest to rescind the Guides for the Mirror Industry.
EFFECTIVE DATE: November 21, 1996.
ADDRESS: Requests for copies of this document should be sent to the
Public Reference Branch, Room 130, Federal Trade Commission,
Washington, D.C. 20580.
FOR FURTHER INFORMATION CONTACT:
Jessica D. Gray, Attorney, Federal Trade Commission, Washington, D.C.
20580, (202) 326-2025.
SUPPLEMENTARY INFORMATION: The Mirror Guides, promulgated by the
Commission on June 30, 1962, and amended on September 13, 1972 (37 FR
18448), and February 27, 1979 (44 FR 11183), give guidance about
acceptable and unacceptable claims made in advertising or promotional
materials used in the sale or distribution of mirrors.
Specifically, under these Guides it is an unfair or deceptive act
or practice for any industry member, in connection with the sale,
offering for sale, or distribution of mirrors, to use any advertisement
or representation which is false or has the tendency to mislead
purchasers or prospective purchasers with respect to the type, grade,
quality, quantity, use, size, design, material, finish, strength,
backing, silvering, thickness, composition, origin, preparation,
manufacture, value, or distribution of any mirror.
Under the Mirror Guides it is also an unfair or deceptive act or
practice for any member of the industry to sell, offer for sale, or
distribute any mirror under any representation or circumstance having
the capacity to mislead or deceive purchasers or prospective purchasers
with regard to the type or
[[Page 59182]]
kind of glass contained in any mirror or the type of backing affixed
thereto.
The Commission has determined, as part of its oversight
responsibilities, to review rules and guides periodically. These
reviews seek information about the costs and benefits of the
Commission's rules and guides and their regulatory and economic impact.
The information obtained assists the Commission in identifying rules
and guides that warrant modification or recision. On January 22, 1996,
the Notice of the Commission's intent to request public comment on the
rules and guides selected for regulatory review during 1996 appeared in
the Federal Register. 61 FR 1538-44. A notice inviting comments on the
Mirror Guides was published on March 15, 1996. 61 FR 10708-10. The
comment period ended on April 15, 1996. One comment, from the North
American Association of Mirror Manufacturers (NAAMM), was received
after the comment period closed. This comment characterized the Mirror
Guides as obsolete and recommended that the Guides be amended or
rescinded. Specifically, NAAMM stated that there is consensus within
the industry that the Guides are ``almost totally inaccurate'' and that
the process for manufacturing glass for mirrors is no longer an issue.
At the time the Mirror Guides were promulgated, mirrors were made
from ``plate glass,'' which was made by grinding and polishing a ribbon
of glass between two rolls. The glass produced by this process
contained a high occurrence of distortions and other imperfections. The
quality problems that resulted from the manufacturing process gave rise
to pervasive misrepresentations or deceptive acts or practices by some
manufacturers, distributors, and resellers of mirrors. Today, the
grinding and polishing process has been displaced by the ``float''
technology, which produces glass with greater clarity and almost no
distortions. Consequently, misrepresentations that mirrors contain
``crystal'' or ``crystale,'' ``window,'' or ``plate'' glass are no
longer a concern.
In the 1960s, some industry members engaged in the practice of
deceptively marketing mirrors as being ``copper backed'' when the
copper had simply been painted on and had not been applied by an
electroplating process. Mirrors that had copper backing painted on them
did not have the same quality and durability as mirrors to which the
copper backing had been applied by electroplating. The Mirror Guides
were promulgated in part to prevent this deceptive practice. Today, a
different process for applying copper backing to mirrors called
``electro-chemical reaction'' is used and appears to have displaced
both ``electroplating'' and the painting on of copper backing.
Therefore the quality and durability concerns that prompted the
adoption of the Mirror Guides no longer exist.
The glass and mirror industries have also made significant progress
toward standardization. The American Society for Testing and Materials
has promulgated standards that set parameters for quality, levels of
defects and durability of glass. In addition, the American National
Standards Institute has promulgated several standards that govern the
reflectivity of mirrors used in automobiles.
These recent changes in the glass and mirror industries have
rendered the Mirror Guides obsolete and ineffectual. Accordingly, the
Commission has determined that it is in the public interest to
eliminate the Mirror Guides.
List of Subjects in 16 CFR Part 21
Advertising, Glass and glass products, Trade practices.
PART 21--[REMOVED]
The Commission, under authority of sections 5(a)(1) and 6(g) of the
Federal Trade Commission Act, 15 U.S.C. 45(a)(1) and 46(g), amends
Chapter I of Title 16 of the Code of Federal Regulations by removing
Part 21.
By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 96-29798 Filed 11-20-96; 8:45 am]
BILLING CODE 6750-01-M