[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The Commission reissued them as guides in 1979 when it rescinded all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