[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3799-3800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2261]



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FEDERAL TRADE COMMISSION

16 CFR Part 22


Guides for the Hosiery Industry

AGENCY: Federal Trade Commission.

ACTION: Rescission of the guides for the hosiery industry.

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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 the Hosiery Industry (``Guides'' 
or ``Hosiery Guides''). The Commission has decided to rescind the 
Guides.

EFFECTIVE DATE: February 2, 1996.

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 Hosiery Guides were issued by the Commission in 1979.\1\ The 
Guides concerned deceptive advertising and marketing of all hosiery 
industry products, including stockings and socks that are marketed to 
men, women, and children. Specifically, the Guides proscribed 
misrepresentations as to the grade, character, construction, origin, 
denier, size, style, fashion, gauge, twist of yarn, quality, quantity, 
value, price, serviceability, resistance to snagging or the development 
of runs, holes or breaks in the in fabric, strength, stretch, length, 
color, finish, manufacture, or distribution of any hosiery product. The 
Hosiery Guides also delineated the use of the terms ``lisle,'' 
``irregulars,'' and ``seconds'' as they apply to hosiery.

    \1\ The Guides were originally issued as Trade Practice Rules. 
The Commission reissued them as guides in 1979 when it rescinded all 
Trade Practice Rules. 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.
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    On April 15, 1994, the Commission published a Notice in the Federal 
Register soliciting comment on the Hosiery Guides.\2\ Specifically, the 
Commission solicited comments on six questions pertaining to the costs 
and benefits of the guides and their regulatory and economic effect. 
The initial closing date for comments was June 14, 1994. The Commission 
subsequently extended the comment period until July 14, 1994. The 
Commission received 52 comments in response to the Notice. They are 
discussed in Part II below.

    \2\ 59 FR 18004.
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II. Comments Received

    The Commission received comments from 18 individuals, all of whom 
focused on three issues related to women's history: fit, durability, 
and the need for labels in pantyhose. Several commenters complained 
that pantyhose wear out too quickly; others stated that pantyhose 
either are ill-fitting or that their packaging reflects incorrect 
sizes. Eight of the commenters asked the Commission to require that 
labels be sewn in pantyhose. Three of the individual commenters praised 
the quality of hosiery currently available to American consumers, and 
supported retention of the Hosiery Guides.
    One government official submitted two comments. Lydia Justice 
Edwards, State Treasurer of Idaho, asked the Commission in her first 
comment to expand the Hosiery Guides to mandate labeling on hosiery 
packages. The State Treasurer submitted a proposed specification chart 
listing such characteristics as the fiber and weight of the fabric, as 
well as the type of stitch used. She also proposed that the Commission 
develop a rating system that would enable purchasers to evaluate and 
compare among brands such characteristics as resistance to runs and 
snags, elasticity, and durability. Ms. Edwards further suggested that 
the Commission develop a uniform sizing method that all hosiery 
manufacturers would be required to use. Her first comment also 
recommended that manufacturers be required to provide a means for 
consumers to examine and touch hosiery before making a purchase 
decision. The State Treasurer's second comment proposed that the 
Commission mandate for every hosiery product a ``statement of 
guarantee'' that the product is in perfect condition and meets a 
minimum quality standard.
    The Crafted With Pride in the U.S.A. Council, Inc. urged the 
Commission not to modify current labeling requirements relating to 
country of origin.
    Twenty-nine comments were received from individual hosiery 
manufacturers. The National Association of Hosiery Manufacturers (NAHM) 
and the American Textile Manufacturers Institute (ATMI) also submitted 
comments. All of the industry commenters supported the continuation of 
the Guides. The NAHM and its members stated that the guides provide a 
sound set of principles for the advertising and marketing of hosiery 
products, and ensure that consumers are provided with fair and accurate 
information. The ATMI commented that the guides are beneficial to the 
industry because they provide information on deceptive practices, 
definitions of hosiery and product classes, labeling information, and 
product sizing guidance.
    The NAHM and 14 hosiery firms recommended that the Guides' 
definition of ``Industry Products'' be amended to include ``tights'' 
and to delete ``anklets.'' The NAHM and its members also requested that 
the FTC include in the Guides a definition of the terms ``non-run,'' 
``no-run,'' and ``run-resistant'' that were contained in a Commission 
decision dismissing a complaint against Holeproof Hosiery Company.\3\

    \3\ 47 F.T.C. 1668 (1951).
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III. Conclusion

    Although the comments submitted to the Commission supported 
retaining the Guides, they did not clearly demonstrate why the hosiery 
industry in particular needs special Commission guidance in the 
advertising or sale of its products. In this regard, the Commission 
notes that hosiery products are covered by its Textile Rules \4\ and 
Care Labeling Rule.\5\ The Textile Rules require that textile products 
be labeled with the fiber content, the name or registered 
identification number of the manufacturer or other responsible company, 
and the country of origin. For hosiery products, the required 
information may appear on the packaging and need not be on a label 

[[Page 3800]]
affixed to the product itself.\6\ Under the Care Labeling Rule, items 
of textile wearing apparel must be labeled with appropriate care 
instructions. For most such items, the care instructions must appear on 
a label permanently attached to the product. However, hosiery products 
have been granted an exemption from the labeling requirement if care 
instructions accompany the product on a tag or on packaging.\7\

    \4\ Rules and Regulations under the Textile Fiber Products 
Identification Act, 16 CFR Part 303.
    \5\ Trade Regulation Rule concerning Care Labeling of Textile 
Wearing Apparel and Certain Piece Goods as Amended, 16 CFR Part 423.
    \6\ 16 CFR 303.15(c).
    \7\ In addition, certain hosiery products which can be machine 
washed and dried at hot settings without damage and without 
transferring their dye to other fabrics, and which sell at retail 
for less than $3.00, need not provide any form of care instructions.
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    In addition, the Commission notes that industry self-regulation 
efforts, led by the NAHM, already exist in certain technical areas. For 
example, the industry currently conforms sizing of all hosiery products 
to a set of voluntary standards.\8\

    \8\ Commercial Standard CS 46-49 (last revised in 1990).
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    For these reasons, the Commission concludes that it is unnecessary 
to retain guides specific to the hosiery industry and therefore is 
rescinding the Guides. If, in the future, practices in the sale of 
hosiery 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.\9\

    \9\ Section 5 of the FTC Act, 15 U.S.C. 45(a)(1), prohibits 
unfair or deceptive acts or practices in or affecting commerce.
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    The Commission appreciates the concerns raised by the commenters. 
It declines, however, to expand the coverage of the guides as 
recommended. First, some of the areas suggested for inclusion in the 
guides are beyond the Commission's authority under the FTC Act, which 
is the basis for the content of the guides. Second, the Commission 
believes that existing rules governing care labeling and labeling of 
textile products are adequate to protect consumers from deceptive 
claims concerning the attributes and care of hosiery products.

List of Subjects in 16 CFR Part 22

    Advertising, Hosiery, Labeling, Trade practices.

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

PART 22--[REMOVED]

    The Commission, under authority of section 18 of the Federal Trade 
Commission Act, 15 U.S.C. 57a, amends chapter I of title 16 of the Code 
of Federal Regulations by removing Part 22.
[FR Doc. 96-2261 Filed 2-1-96; 8:45 am]
BILLING CODE 6750-01-M