[Federal Register Volume 61, Number 226 (Thursday, November 21, 1996)]
[Rules and Regulations]
[Pages 59181-59182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29798]


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FEDERAL TRADE COMMISSION

16 CFR Part 21


Guides for the Mirror Industry

AGENCY: Federal Trade Commission.

ACTION: Final rules; Recision of the guides for the mirror industry.

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SUMMARY: The Guides for the Mirror Industry were promulgated in 1962 to 
prevent deception in the sale and marketing of mirrors for decorative 
and utilitarian uses with respect to the material content of the glass 
from which mirrors were made and the method by which the backing was 
affixed to mirrors. When the Mirror Guides were adopted, the process 
used to manufacture glass for mirrors was not uniform and there were no 
industry standards that regulated quality, reflectivity, or durability 
of mirrors. Since that time, the glass industry, and as a result the 
mirror industry, have undergone significant changes. First, mirrors are 
no longer made from ``plate glass'' or ``sheet glass,'' both of which 
produced mirrors with a high level of distortion. Today, all commercial 
glass manufacturers use the Pilkington process to manufacture float 
glass. This process produces high quality glass that is almost 
distortion-free. Second, industry standards have been promulgated that 
govern the quality, acceptable levels of distortion, reflectivity and 
durability of glass suitable for use in mirrors. Third, the process 
used to affix copper backing to mirrors has undergone significant 
technological improvement that lessens, if not eliminates, the 
potential for deception as to the type of backing used. Finally, due to 
technological changes, industry participants consider much of the 
terminology used in the Mirror Guides to be obsolete. These facts 
appear to make the Mirror Guides obsolete and unnecessary. Because of 
these changes, the Commission has determined that it is in the public 
interest to rescind the Guides for the Mirror Industry.

EFFECTIVE DATE: November 21, 1996.

ADDRESS: Requests for copies of this document should be sent to the 
Public Reference Branch, Room 130, Federal Trade Commission, 
Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:
Jessica D. Gray, Attorney, Federal Trade Commission, Washington, D.C. 
20580, (202) 326-2025.

SUPPLEMENTARY INFORMATION: The Mirror Guides, promulgated by the 
Commission on June 30, 1962, and amended on September 13, 1972 (37 FR 
18448), and February 27, 1979 (44 FR 11183), give guidance about 
acceptable and unacceptable claims made in advertising or promotional 
materials used in the sale or distribution of mirrors.
    Specifically, under these Guides it is an unfair or deceptive act 
or practice for any industry member, in connection with the sale, 
offering for sale, or distribution of mirrors, to use any advertisement 
or representation which is false or has the tendency to mislead 
purchasers or prospective purchasers with respect to the type, grade, 
quality, quantity, use, size, design, material, finish, strength, 
backing, silvering, thickness, composition, origin, preparation, 
manufacture, value, or distribution of any mirror.
    Under the Mirror Guides it is also an unfair or deceptive act or 
practice for any member of the industry to sell, offer for sale, or 
distribute any mirror under any representation or circumstance having 
the capacity to mislead or deceive purchasers or prospective purchasers 
with regard to the type or

[[Page 59182]]

kind of glass contained in any mirror or the type of backing affixed 
thereto.
    The Commission has determined, as part of its oversight 
responsibilities, to review rules and guides periodically. These 
reviews seek information about the costs and benefits of the 
Commission's rules and guides and their regulatory and economic impact. 
The information obtained assists the Commission in identifying rules 
and guides that warrant modification or recision. On January 22, 1996, 
the Notice of the Commission's intent to request public comment on the 
rules and guides selected for regulatory review during 1996 appeared in 
the Federal Register. 61 FR 1538-44. A notice inviting comments on the 
Mirror Guides was published on March 15, 1996. 61 FR 10708-10. The 
comment period ended on April 15, 1996. One comment, from the North 
American Association of Mirror Manufacturers (NAAMM), was received 
after the comment period closed. This comment characterized the Mirror 
Guides as obsolete and recommended that the Guides be amended or 
rescinded. Specifically, NAAMM stated that there is consensus within 
the industry that the Guides are ``almost totally inaccurate'' and that 
the process for manufacturing glass for mirrors is no longer an issue.
    At the time the Mirror Guides were promulgated, mirrors were made 
from ``plate glass,'' which was made by grinding and polishing a ribbon 
of glass between two rolls. The glass produced by this process 
contained a high occurrence of distortions and other imperfections. The 
quality problems that resulted from the manufacturing process gave rise 
to pervasive misrepresentations or deceptive acts or practices by some 
manufacturers, distributors, and resellers of mirrors. Today, the 
grinding and polishing process has been displaced by the ``float'' 
technology, which produces glass with greater clarity and almost no 
distortions. Consequently, misrepresentations that mirrors contain 
``crystal'' or ``crystale,'' ``window,'' or ``plate'' glass are no 
longer a concern.
    In the 1960s, some industry members engaged in the practice of 
deceptively marketing mirrors as being ``copper backed'' when the 
copper had simply been painted on and had not been applied by an 
electroplating process. Mirrors that had copper backing painted on them 
did not have the same quality and durability as mirrors to which the 
copper backing had been applied by electroplating. The Mirror Guides 
were promulgated in part to prevent this deceptive practice. Today, a 
different process for applying copper backing to mirrors called 
``electro-chemical reaction'' is used and appears to have displaced 
both ``electroplating'' and the painting on of copper backing. 
Therefore the quality and durability concerns that prompted the 
adoption of the Mirror Guides no longer exist.
    The glass and mirror industries have also made significant progress 
toward standardization. The American Society for Testing and Materials 
has promulgated standards that set parameters for quality, levels of 
defects and durability of glass. In addition, the American National 
Standards Institute has promulgated several standards that govern the 
reflectivity of mirrors used in automobiles.
    These recent changes in the glass and mirror industries have 
rendered the Mirror Guides obsolete and ineffectual. Accordingly, the 
Commission has determined that it is in the public interest to 
eliminate the Mirror Guides.

List of Subjects in 16 CFR Part 21

    Advertising, Glass and glass products, Trade practices.

PART 21--[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 21.

    By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 96-29798 Filed 11-20-96; 8:45 am]
BILLING CODE 6750-01-M