[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Rules and Regulations]
[Page 40453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19545]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 / 
Rules and Regulations  


[[Page 40453]]


FEDERAL TRADE COMMISSION

16 CFR Part 252


Guides for Labeling, Advertising, and Sale of Wigs and Other 
Hairpieces

AGENCY: Federal Trade Commission.

ACTION: Rescission of the Guides for Labeling, Advertising, and Sale of 
Wigs and Other Hairpieces.

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SUMMARY: The Federal Trade Commission (the ``Commission''), as part of 
its periodic review of all its guides and rules, announces that it has 
concluded a review of its Guides for Labeling, Advertising, and Sale of 
Wigs and Other Hairpieces (``Guides'' or ``Wig Guides''). The 
Commission has decided to rescind the Guides.

EFFECTIVE DATE: August 9, 1995.

FOR FURTHER INFORMATION CONTACT:
Ann Stahl Guler, Investigator, Federal Trade Commission, Los Angeles 
Regional Office, 11000 Wilshire Blvd., Suite 13209, Los Angeles, CA 
90024, (310) 235-7890.

SUPPLEMENTARY INFORMATION:

I. Background

    The Wig Guides were issued by the Commission in 1970.\1\ The Guides 
concerned representations and disclosures in the advertising and 
labeling of hairpieces for women and men, including wigs, falls, 
chignons, and toupees. On April 15, 1994, the Commission published a 
Notice in the Federal Register soliciting comment on the Guides.\2\ 
Specifically, the Commission solicited comments on the costs and 
benefits of the Guides and their regulatory and economic effect. The 
comment period closed June 14, 1994. The Commission received two 
comments in response to the Notice. They are discussed in Part II 
below.

    \1\ Industry guides are administrative interpretations of laws 
administered by the Commission for the guidance of the public in 
conducting its affairs in conformity with legal requirements. 16 CFR 
1.5.
    \2\ 59 FR 18005.
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II. Comments Received

    The Commission received comments from one organization, the 
American Hair Loss Council (AHLC), and one individual, Johanna Ehmann, 
RN. Ms. Ehmann's comment did not refer to the Guides, but provided 
copies of a booklet entitled Hair Loss and Cancer Therapy to aid the 
Commission in its review of the Guides.
    The AHLC supported retention of the Guides. It also proposed 
expanding the Guides to encompass ``Hair Addition System,'' such as 
hair implants.

III. Conclusion

    The Commission has concluded its regulatory review of the Guides 
for Labeling, Advertising, and Sale of Wigs and Other Hairpieces by 
rescinding the Guides. The Commission based its decision on the fact 
that existing statutes adequately address the consumer protection 
issues that originally gave rise to the Guides.
    Section 252.3 of the Guides stated that the foreign origin of all 
imported industry products must be disclosed on labels and in 
advertising. The Tariff Act requires that all wigs and other 
hairpieces, whether made from human, animal, or synthetic hair, be 
labeled as to country of origin.\3\

    \3\ 19 U.S.C. Sec. 1304; Tariffs 6703, 6704, Harmonized Tariff 
Schedule of the United States (1995).
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    Section 252.4 of the Guides, providing that highly flammable wigs 
and related products should not be sold in the United States, has been 
superseded by statutory changes. Two years after the Wig Guides were 
issued, Congress transferred enforcement of the Flammable Fabrics Act 
to the newly-created Consumer Product Safety Commission.\4\

    \4\ 15 U.S.C. Sec. 2079(b).
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    Section 252.2 stated that labels and advertising should disclose 
whether hair is composed of human or artificial hair (or a combination 
of both); Section 252.6 said that used industry products should be 
labeled as such. The remaining sections of the Guides delineated 
specific misrepresentations as to styling characteristics,\5\ as well 
as general misrepresentations;\6\ limited designations of hair such as 
``natural'' and ``genuine'' to human hair;\7\ and provided definitions 
of ``handmade,'' \8\ ``custom-made'' and similar terms,\9\ ``custom-
colored'' and related terms,\10\ and ``virgin'' hair.\11\

    \5\ 16 CFR Sec. 252.10.
    \6\ 16 CFR Sec. 252.1.
    \7\ 16 CFR Sec. 252.5.
    \8\ 16 CFR Sec. 252.7.
    \9\ 16 CFR Sec. 252.8.
    \10\ 16 CFR Sec. 252.9.
    \11\ 16 CFR Sec. 252.11.
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    The United States now imports nearly all wigs sold domestically, 
except for those produced by a few custom wig makers. The Commission is 
not aware of any unique consumer protection issues currently associated 
with the advertising or labeling of wigs and other hairpieces. The 
comments submitted to the Commission demonstrated no continuing need by 
the wig industry for special Commission guidance. If, in the future, 
practices in the sale of wigs are determined to be materially 
misleading and to cause consumer harm, the Commission can address such 
practices under Section 5 of the Federal Trade Commission Act.\12\

    \12\ Section 5 of the FTC Act, 15 U.S.C. Sec. 45(a)(1), 
prohibits unfair or deceptive acts or practices in or affecting 
commerce.
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List of Subjects in 16 CFR Part 252

    Advertising, Cosmetics, Labeling, Trade practices, Wigs and 
Hairpieces.

    By direction of the Commission.
Donald S. Clark,
Secretary.

PART 252--[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 252.

[FR Doc. 95-19545 Filed 8-8-95; 8:45 am]
BILLING CODE 6750-01-M