[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27242-27243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12579]



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FEDERAL TRADE COMMISSION
16 CFR Part 404


Trade Regulation Rule: Deceptive Advertising and Labeling as to 
Size of Tablecloths and Related Products

AGENCY: Federal Trade Commission.

ACTION: Advance notice of proposed rulemaking (ANPR).

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SUMMARY: The Federal Trade Commission (``Commission'') proposes to 
repeal its Trade Regulations Rule entitled ``Deceptive Advertising and 
Labeling as to Size of Tablecloths and Related Products (``Tablecloth 
Rule''), 16 CFR part 404. The proceeding will address whether the 
Tablecloth Rule should be repealed or remain in effect. The Commission 
is soliciting written comment, data and arguments concerning this 
proposal.

DATES: Written comments must be submitted on or before June 22, 1995.

ADDRESSES: Written comments should be identified as ``16 CFR Part 404'' 
and sent to Secretary, Federal Trade Commission, 6th Street & 
Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:
John A. Crowley, Esq., (202) 326-3280, Division of Service Industry 
Practices, Bureau of Consumer Protection, Federal Trade Commission, 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

Part A--Background Information

    This notice is published pursuant to Section 18 of the Federal 
Trade Commission Act, 15 U.S.C. 57a et seq., the provisions of part 1, 
subpart B of the Commission's rules of practice, 16 CFR 1.7, and 5 
U.S.C. 551 et seq. This authority permits the Commission to promulgate, 
modify and repeal trade regulation rules that define with specificity 
acts or practices that are unfair or deceptive in or affecting commerce 
within the meaning of section 5(a)(1) of the FTC Act, 15 U.S.C. 
45(a)(1).
    The Tablecloth Rule, promulgated by the Commission on August 5, 
1964, declares that in connection with the sale or offering for sale of 
tablecloths and related products such as doilies, table mats, dresser 
scarves, place mats, table runners, napkins and tea sets, any 
representation of the cut size (that is, the dimensions of materials 
used in the construction of such products) constitutes an unfair method 
of competition and an unfair and deceptive act or practice unless:
    (a) ``Such `cut size' dimensions are accompanied by the words `cut 
size' ''; and
    (b) ``The `cut size' is accompanied by a clear and conspicuous 
disclosure of the dimensions of the finished products and by an 
explanation that such dimensions constitute the finished size.''.
    The Commission periodically reviews the rules and guides it has 
promulgated, seeking information about the costs and benefits of such 
rules and guides and their regulatory and economic impact. The 
information obtained assists the Commission in identifying rules and 
guides that warrant modification or rescission. Pursuant to its review 
schedule, on April 19, 1993, the Commission published in the Federal 
Register a request for public comments on the Tablecloth Rule. 58 FR 
21124. The Commission asked commenters to address questions relating to 
the costs and benefits of the rule, the burdens it imposes, and the 
basis for assessing whether it should be retained, or amended.
    The Commission received only one comment specifically addressing 
this rule along with a general comment referring to several rules under 
review. The comment specific to this rule was submitted by a trade 
group representing the textile rental, linen supply, uniform rental, 
dust control and commercial laundry services industries. In its one-
page comment letter, the association stated there is a continuing need 
for this rule. The commenter believes that the rule does not impose any 
additional costs or burdens on entities subject to the rule and that 
the rule raises the level of professionalism in the industry.
    In addition, one general comment, applicable to several rules being 
reviewed, was received from an advertising agency association. This 
organization recommends rescission of the Tablecloth Rule because the 
general prohibitions covering false and deceptive advertising apply to 
the industry and thus the rule creates unnecessary administrative costs 
for the government, industry members and consumers. The advertising 
association did not submit any analysis or data relating to the 
imposition of unnecessary administrative costs on affected industry 
members, government or consumers.
    Prior to the request for comments, Commission staff engaged in an 
informal review of industry practices by examining the marking of 
dimensions on tablecloths and other items subject to the rule available 
for retail sale at several national chain stores. This informal review 
revealed no instances of rule violations. In fact, it appeared from 
that limited review that industry products were marked with only the 
finished size. Additionally, the Commission has no record of receiving 
any complaints regarding non-compliance with the rule, or of initiating 
any law enforcement actions alleging violations of the rule's 
requirements. Finally, the Uniform Packaging and Labeling Regulation, 
which has been adopted by 47 states, regulates the labeling of 
tablecloths, providing that these items must be labeled with their 
finished size.

Part B--Objectives

    Based on the review described above, the Commission has determined 
that there may no longer be a need to continue the Tablecloth Rule in 
light of the apparent changes in industry practices and the existence 
of laws in [[Page 27243]] nearly all of the states mandating the point-
of-sale disclosure required by the rule. The objective of this notice 
is to solicit comment on whether the Commission should initiate a 
rulemaking proceeding to repeal the Tablecloth Rule.

Part C--Alternative Actions

    The Commission is not aware of any feasible alternatives to either 
repealing or retaining the Tablecloth Rule.

Part D--Request for Comments

    Members of the public are invited to comment on any issues or 
concerns they believe are relevant or appropriate to the Commission's 
review of the Tablecloth Rule. Comments submitted during the regulatory 
review proceeding described above will be made part of the record, and 
need not be resubmitted. A comment that includes the reasoning or basis 
for a proposition will likely be more persuasive than a comment without 
supporting information. The Commission requests that factual data upon 
which the comments are based be submitted with the comments. In this 
section, the Commission identifies a number of issues on which it 
solicits public comment. The identification of issues is designed to 
assist the public to comment on relevant matters and should not be 
construed as a limitation on the issues on which public comment may be 
submitted.

Questions

    (1) Do manufacturers and sellers of tablecloths currently use ``cut 
size'' as a means of marking the size of their products for sale at 
retail to consumers?
    (2) Does the fact that nearly all of the states have adopted the 
Uniform Packaging and Labeling Regulation, which governs the labeling 
of tablecloths, eliminate or greatly lessen the need for the Tablecloth 
Rule?
    (3) What are the benefits to consumers from the rule?
    (4) What are the costs to industry imposed by the rule?
    (5) Is there a continuing need for the rule or should the rule be 
repealed?

    Authority: Sec. 18(d)(2)(B) of the Federal Trade Commission Act, 
15 U.S.C. 57a(d)(2)(B).

List of Subjects in 16 CFR Part 404

    Advertising, Trade practices, Tablecloths.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-12579 Filed 5-22-95; 8:45 am]
BILLING CODE 6750-01-M