[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15725-15726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7467]



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FEDERAL TRADE COMMISSION
16 CFR Part 405


Request for Comments Concerning Rule on Misbranding and Deception 
as to Leather Content of Waist Belts

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (the ``Commission'') is 
requesting public comments on its Rule on Misbranding and Deception as 
to Leather Content of Waist Belts (``the Leather Belt Rule'' or ``the 
Rule''). The Commission is also requesting comments about the overall 
costs and benefits of the Rule and its overall regulatory and economic 
impact as a part of its systematic review of all current Commission 
regulations and guides. All interested persons are hereby given notice 
of the opportunity to submit written comments.

DATES: Written comments will be accepted until May 26, 1995.

ADDRESSES: Comments should be directed to: Secretary, Federal Trade 
Commission, Room H-159, Sixth and Pennsylvania Ave., NW., Washington, 
DC 20580. Comments about the Leather Belt Rule should be identified as 
``16 CFR Part 405--Comment.''

FOR FURTHER INFORMATION CONTACT:
Russell Deitch, Attorney, Federal Trade Commission, Los Angeles 
Regional Office, 11000 Wilshire Boulevard, Suite 13209, Los Angeles, CA 
90024, (310) 235-7890.

[[Page 15726]] SUPPLEMENTARY INFORMATION: The Commission has 
determined, as part of its oversight responsibilities, to review rules 
and guides periodically. These reviews will seek information about the 
costs and benefits of the Commission's rules and guides and their 
regulatory and economic impact. The information obtained will assist 
the Commission in identifying rules and guides that warrant 
modification or rescission.

    If the Commission elects to retain the Leather Belt Rule after 
conducting this review, it intends to update certain terms to reflect 
statutory and policy changes that have occurred since the Leather Belt 
Rule was originally promulgated. The term ``in commerce'' in 16 CFR 
405.1(a) and 405.4 will be changed to ``in or affecting commerce'' in 
conformance with the amended language of section 5 of the Federal Trade 
Commission Act (15 U.S.C. 45). The phrase ``capacity and tendency to 
mislead and deceive'' in 16 CFR 405.2(b) will be changed to conform 
with the language regarding deception that is set forth in Cliffdale 
Associates, Inc., 103 F.T.C. 110 (1984) and subsequent cases. Finally, 
the language that ``it constitutes an unfair method of competition and 
an unfair and deceptive act or practice'' in 16 CFR 405.4 will also be 
revised to conform with the standard language for consumer protection 
rules.

A. Background

    The Leather Belt Rule was promulgated by the Commission on June 27, 
1964. It applies to the sale or offering for sale of men's and boy's 
belts, and women's and children's belts when not offered for sale as 
part of a garment. The Rule makes it an unfair method of competition 
and an unfair and deceptive act or practice to misrepresent a belt's 
leather content or the type of animal hide or skin from which the belt 
is made. for example, it is a violation of the Rule to label a belt as 
leather when it is not made from the hide or skin of an animal.
    The Leather Belt Rule also prohibits the sale or distribution of 
belts without adequate disclosures as to their leather content or type 
of animal hide or skin if the appearance of the product would deceive 
consumers. For example, it is a violation of the Rule to sell a belt 
which has the appearance of leather, but which is made of synthetic 
materials, unless a disclosure is made on the product or on a tag or 
label affixed to the product which states that the belt is not leather.

B. Issues for Comment

    At this time, the Commission solicits written public comments on 
the following questions:
    (1) Is there a continuing need for the Rule?
    (a) What benefits has the Rule provided to purchasers of the 
products or services affected by the Rule?
    (b) Has the Rule imposed costs on purchasers?
    (2) What changes, if any, should be made to the rule to increase 
the benefits of the Rule to purchasers?
    (a) How would these changes affect the costs the Rule imposes on 
firms subject to its requirements?
    (3) What significant burdens or costs, including costs of 
compliance, has the Rule imposed on firms subject to its requirements?
    (a) Has the Rule provided benefits to such firms?
    (4) What changes, if any, should be made to the Rule to reduce the 
burdens or costs imposed on firms subject to its requirements?
    (a) How would these changes effect the benefits provided by the 
Rule?
    (5) Does the Rule overlap or conflict with other federal, state, or 
local laws or regulations?
    (6) Since the Rule was issued, what effects, it any, have changes 
in relevant technology or economic conditions had on the Rule?

List of Subjects in 16 CFR Part 405

    Leather content of belts; Trade practices.

    Authority: 15 U.S.C. 41-58.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-7467 Filed 3-24-95; 8:45 am]
BILLING CODE 6750-01-M