[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Rules and Regulations]
[Pages 29006-29009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13869]


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FEDERAL TRADE COMMISSION

16 CFR Part 423


Concerning Trade Regulation Rule on Care Labeling of Textile 
Wearing Apparel and Certain Piece Goods; Conditional Exemption From 
Terminology Section of the Care Labeling Rule

AGENCY: Federal Trade Commission.

ACTION: Final rule, with conditional exemption.

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SUMMARY: The Federal Trade Commission (the ``Commission'') has reviewed 
the public comments on an interim conditional exemption to its Trade 
Regulation Rule on Care Labeling of Textile Wearing Apparel and Certain 
Piece Goods (``the Care Labeling Rule'' or ``the Rule'') and has 
decided to make the conditional exemption final. The conditional 
exemption will permit the use of the system of care symbols developed 
by the American Society for Testing and Materials (``ASTM'') and 
designated as ASTM Standard D5489-96c Guide to Care Symbols for Care 
Instructions on Consumer Textile Products, in lieu of words on the 
permanently attached care label, as long as explanatory information is 
provided to consumers for the first 18-month period after the effective 
date of the conditional exemption.

DATES: This conditional exemption is effective July 1, 1997. The 
incorporation by reference of the ASTM standard is approved by the 
Director of the Federal Register effective July 1, 1997.

ADDRESSES: Copies of this notice can be obtained through the Public 
Reference Branch, Room 130, Federal Trade Commission, Washington, D.C. 
20580; (202) 326-2222; or through the Commission's homepage on the 
World Wide Web at http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Constance M. Vecellio or Edwin 
Rodriguez, Attorneys, Federal Trade Commission, Washington, DC 20580, 
(202) 326-2966 or (202) 326-3147.

SUPPLEMENTARY INFORMATION:

Introduction

    On June 15, 1994, the Commission published a Federal Register 
notice (``FRN'') requesting comment on various aspects of the Care 
Labeling Rule, including whether the rule should be modified to permit 
the use of symbols in lieu of words.1 On November 16, 1995, 
the Commission published a FRN, 60 FR 57552, announcing that the 
Commission had tentatively determined to adopt a proposed conditional 
exemption to the Care Labeling Rule to permit the use of the system of 
care symbols developed by ASTM and designated as ASTM Standard D5489 
Guide to Care Symbols for Care Instructions on Consumer Textile 
Products, with one exception and addition.2 The notice 
sought additional comment on the specifics of the proposal.
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    \1\ 59 FR 30733 (1994). This notice sought comment about the 
overall costs and benefits of the Rule and its overall regulatory 
and economic impact as part of the Commission's systematic review of 
all its current rules and guides. This notice also sought comment on 
certain other issues. With respect to the other issues, on December 
28, 1995, the Commission published a notice, 60 FR 67102, seeking 
comment on other parts of the Rule and other proposed changes. The 
issues raised in the December 1995 notice will be addressed in a 
separate FRN at a later time.
    \2\ The exception and addition are no longer necessary because 
ASTM has changed its standard.
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    In particular, the November 1995 FRN stated that the Commission had 
tentatively decided to allow the use of certain other modifications to 
the system that ASTM was considering when the FRN was published. The 
FRN described these possible changes, noted that they appeared to be 
useful, and proposed adopting the ASTM system with those changes. These 
changes were adopted by ASTM, and were reflected in the standard 
designated ASTM Standard D5489-96a.3
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    \3\ The version of ASTM Standard D5489 discussed in the November 
1995 FRN was adopted by ASTM in 1993 and officially referred to as 
ASTM Standard D5489-93. When ASTM changes a standard, the suffix is 
changed to reflect the year of the revision. Thus, when Standard 
D5489 was revised in early 1996, it was referred to as ASTM Standard 
D5489-96a.
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    Certain additional minor changes to the ASTM symbol system were 
adopted by ASTM later in 1996 and are embodied in the final standard 
designated ASTM Standard D5489-96c. In a FRN published on February 6, 
1997, 62 FR 5724, the Commission announced that it had decided to adopt 
the conditional exemption. Because some additional minor changes had 
been made since the publication of the 1995 FRN, however, the 
Commission decided to again allow comment on these minor 
changes.4 The comment period ended on March 10, 1997.
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    \4\ The conditional exemption references a specific version of 
the standard. If ASTM changes the standard, the Commission will 
determine whether it should seek comment on changing the conditional 
exemption.
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II. Background

    The Care Labeling Rule was promulgated by the Commission on 
December 16, 1971, 36 FR 23883 (1971), and amended on May 20, 1983, 48 
FR 22733 (1983). The Rule makes it an unfair or deceptive act or 
practice for manufacturers and importers of textile wearing apparel and 
certain piece goods to sell these items without attaching care labels 
stating ``what regular care is needed for the ordinary use of the 
product.'' 16 CFR 423.6 (a) and (b). The Rule also requires that the 
manufacturer or importer possess, prior to sale, a reasonable basis for 
the care instructions. 16 CFR 423.6(c).
    The ``Terminology'' section of the rule, 16 CFR 423.2(b), currently 
requires that care instructions be stated in ``appropriate terms,'' 
although it also states that ``any appropriate symbols may be used on 
care labels or care

[[Page 29007]]

instructions, in addition to the required appropriate terms so long as 
the terms fulfill the requirements of this regulation.'' (Emphasis 
added.)
    The 1994 FRN stated that the North American Free Trade Agreement 
(``NAFTA'') ``has created industry interest in being permitted to use 
symbols in lieu of words to provide care instructions, and the 
Commission seeks comment on the costs and benefits of such a change.'' 
Based on the comments, the Commission published the 1995 FRN proposing 
a conditional exemption to the ``Terminology'' section of the rule to 
allow the use of care symbols without language.
    The Commission examined two existing symbol systems--the system of 
care symbols developed by the International Association for Textile 
Care Labeling (``Ginetex'') and adopted by the International 
Organization for Standardization (``ISO'') as International Standard 
3758, and the system of care symbols developed by ASTM and designated 
as ASTM Standard D5489-93--to identify which system conveys all or most 
of the information required by the rule and meets other important 
criteria.5 The Commission concluded that ASTM Standard D5489 
provided symbols relating to the information required by the rule and 
that it best met the needs of consumers and industry. The Commission 
also concluded that the ASTM system was compatible with the care symbol 
systems used in Canada and Mexico, and that any differences among the 
symbol systems used in these countries did not pose insurmountable 
problems.
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    \5\ The ASTM and Ginetex systems use the same five basic 
symbols: a washtub to indicate washing (with a hand in the washtub 
to indicate hand washing), a triangle to indicate bleaching, a 
square to indicate drying (and a circle within a square to indicate 
machine drying), an iron to indicate ironing, and a circle to 
indicate dry cleaning. An ``X'' cancelling out the symbol warns 
against using the designated cleaning technique, e.g., ``do not dry 
clean.'' The differences in the systems consist in the manner in 
which refinements to the basic processes are conveyed (or are not 
conveyed).
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    The Commission determined that the use of ISO Standard 3758 was not 
appropriate for the United States for three reasons. First, the ISO/
Ginetex system does not provide symbols for some of the basic 
information required by the Rule and, therefore, cannot convey all the 
information that the Commission has found to be necessary to prevent 
the unfair and deceptive practices that the Rule was designed to 
prevent.6 Second, the Ginetex system also assumes that 
washing machines have internal mechanisms for heating water to a 
precise temperature, and it links symbols for cool-down rinse, reduced 
spin, and reduced mechanical action to precise temperature settings. In 
addition, it includes only normal and low temperature ranges for tumble 
drying. Both of these aspects of the Ginetex system are inconsistent 
with the technology of laundry equipment used in the United States. 
Finally, the Commission determined that Ginetex's assertion of 
trademark rights relating to the ISO/Ginetex symbols weighed against 
adoption of that system.
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    \6\ The Commission noted that the ISO/Ginetex system has no 
symbols for natural drying, the use of non-chlorine bleach, or the 
use of steam in ironing, which are care practices addressed by the 
Rule. The Commission also noted that the ISO/Ginetex system's symbol 
for drycleaning does not address all the warnings required by the 
Rule for dry cleaning. In the Ginetex system, an underlined circle 
warns professional drycleaners generally about potential harm from 
``mechanical action and/or drying temperature and/or water addition 
in the solvent.'' But the ISO/Ginetex system does not have a method 
for providing warnings about which specific parts of the dry 
cleaning process should be avoided as required by Section 
423.6(b)(2)(ii) of the Rule.
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III. Analysis of Comments

    As noted, the February 1997 FRN sought comment on certain minor 
changes made to the ASTM system.7 Four comments were 
received. None of these commented on the changes that had been made to 
the ASTM system.
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    \7\ ASTM changed the ``do not bleach'' symbol from a shaded 
triangle with an ``X'' through it to a blacked-in triangle with an 
``X'' through it to make clear that no bleach, whether chlorine or 
non-chlorine, should be used. It changed its explanatory chart by 
deleting the water temperature word indicators (``cool,'' ``warm,'' 
or ``hot'') in the chart because these words have different 
definitions in different countries. ASTM also changed the definition 
of ``one dot'' from the definition in the Appendix to the Care 
Labeling Rule (a maximum of 85 Fahrenheit, with no minimum) to a 
range from 65 to 85 degrees Fahrenheit to educate consumers that 
detergents ``are not effective at lower temperatures.''
    Other changes clarified that the symbols used in the Canadian 
system of care symbols for a washtub and an iron are acceptable 
although they differ slightly in shape from the ASTM symbols and 
that instructions for ``permanent press'' or ``gentle cycle'' may be 
reported in symbols (i.e., underlining the washtub) or words on a 
label with the symbolic instructions for machine wash or machine 
dry. ASTM also removed the steam markings from the iron symbol, 
clarified that the iron symbol may mean ``Iron--dry or steam,'' and 
created a symbol (an iron symbol with steam markings that have been 
canceled out by an ``X'') that can be used for the warning ``do not 
steam.'' Finally, ASTM added a statement to the text of the Standard 
explaining that ``the iron symbol may be used with the drycleaning 
symbol to report how to restore the item by ironing after wearing.''
    ASTM also made changes in the Standard that are not an integral 
part of the symbol system (e.g., the Table of Additional Words to 
Use with Care Symbols) or that involve additions to the explanatory 
text of the Standard or the text appearing under the symbols in the 
explanatory chart. In addition, one change relates to the order in 
which the symbols should be used. This change is not relevant to the 
use of the ASTM system to fulfill the requirements of the Care 
Labeling Rule because the Rule does not require that instructions 
appear in any particular order (though of course they must be 
intelligible).
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International Harmonization

    All four comments focused on the need for international 
harmonization. The American Apparel Manufacturers Association 
(``AAMA'') complimented the Commission on moving to symbols and noted 
that ``we now have a basis to harmonize our system with that of Canada 
and Mexico'' and to ``work toward an international standard within the 
International Standards Organization.'' 8 Similarly, the 
American Textile Manufacturers Institute (``ATMI'') supported the 
amendment and stated that it ``would like to see international 
harmonization.'' 9 FEDERTESSILE, the Italian Federation of 
Associations of Textile and Clothing Industries, also stressed the need 
for harmonization with the ISO/Ginetex system, and suggested that ``a 
joint committee be formed, possibly with the participation of 
representatives of ISO, ASTM, EURATEX, AAMA, and ATMI, in order to 
reach a prompt consensus on the harmonization of the international 
symbol system.'' 10 The Association of Home Appliance 
Manufacturers (``AHAM'') stated that the Commission needs ``to resolve 
potential trademark infringement issues that arise where U.S.-
manufactured products are exported for sale in a Ginetex country.'' 
11
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    \8\ Comment 2, p.1.
    \9\ Comment 1, p.1.
    \10\ Comment 3, p.1.
    \11\ Comment 4, p.6.
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    The Commission agrees that harmonization of the symbol system 
adopted in the United States with the system used in Europe is very 
important. The Commission is aware that representatives of ASTM and 
Ginetex have been discussing harmonization of the two systems, and a 
Commission representative has attended ISO and Ginetex meetings. The 
Commission intends to continue its liaison efforts with Ginetex and ISO 
to promote harmonization.

Need for Consumer Education

    AHAM, while not opposing the conditional exemption, expressed 
concern that the conditional exemption would have ``an adverse 
regulatory impact on consumers, appliance manufacturers, and others 
without an equal corresponding benefit.'' It noted that consumers will 
have to learn the symbols and appliance manufacturers may have to 
answer inquiries from consumers about the symbols.12 AHAM

[[Page 29008]]

therefore emphasized the need for an adequate consumer education 
program, and stated that ``the garment manufacturers, with the aid of 
other interested parties, must be prepared to implement a consumer 
education plan by July 1, 1997.'' 13 AHAM conditioned its 
willingness to participate in a consumer education campaign ``on 
consumer education leadership from the garment manufacturers.'' 
14
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    \12\ Id. at 1.
    \13\ Id. at 2.
    \14\ Id. at 3.
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    The Commission agrees that a comprehensive consumer education 
campaign is necessary to help consumers make the transition from words 
to symbols. On January 28, 1997 the Commission launched Project CLEAN 
(Care Labeling Education & Awareness Network) with a forum that was 
attended by a large number of garment manufacturers, retailers, and 
other interested parties, including representatives from AHAM. The 
Commission is currently coordinating consumer education efforts on the 
part of those who attended. The Commission is planning a press 
conference on July 1, 1997 to announce the extensive consumer education 
efforts that will be occurring.
    Finally, AHAM noted that the consumer education campaign for 
symbols presents a good opportunity to educate consumers about the 
temperature of water delivered to washing machines in North America. 
Most washing machines in North America, unlike European machines which 
have internal water heaters, ``cannot guarantee delivery of specific 
water temperatures at specified machine settings due to variables such 
as geographical climate variations, water heater settings, and hot 
water line loss. The American consumer must be educated to adjust the 
machine setting where these variables dictate adjustment * * *.'' 
15 AHAM suggested including information on this issue in 
educational materials about care symbols. The Commission agrees that 
the consumer education campaign for care symbols provides an 
opportunity to educate consumers about water temperature in washing 
machines, and has included a statement explaining the various factors 
that can affect water temperature in the materials it is developing for 
the campaign.
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    \15\ Id. at 6.
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IV. Summary of Commission's Decision

    Section 18(g)(2) of the Federal Trade Commission Act, 15 U.S.C. 
57a(d)(2)(B), provides that ``[i]f . . . the Commission finds that the 
application of a rule prescribed under subsection (a)(1)(B) to any 
person or class of persons is not necessary to prevent the unfair or 
deceptive act or practice to which the rule relates, the Commission may 
exempt such person or class from all or part of such rule.'' The 
Commission now finds that the provision presently found in the 
Terminology section of the Care Labeling Rule, that appropriate care 
symbols may be used on care labels or care instructions only in 
addition to the required appropriate terms, is not necessary to prevent 
the unfair or deceptive act or practice to which the rule relates. 
Specifically, the Commission exempts manufacturers and importers of 
textile wearing apparel who use the system of care symbols designated 
ASTM Standard D5489-96c from the requirement that care instructions in 
words accompany care instructions in symbols. The Commission has not 
specified a type size for the symbols, but they must be legible. The 
exemption is adopted on the condition that, from July 1, 1997 to 
December 31, 1998, explanatory information regarding the meaning of the 
care symbols that appear on the label of a garment be provided with any 
garment offered for sale. To implement this conditional exemption, the 
Commission revises Sections 423.2 and 423.8, the Terminology and 
Exemptions sections of the rule, respectively.
    The incorporation by reference of ASTM Standard D5489-96c was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of ASTM Standard D5489-96c 
Guide to Care Symbols for Care Instructions on Consumer Textile 
Products may be obtained from the American Society for Testing and 
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or may 
be inspected at the Federal Trade Commission, room 130, 600 
Pennsylvania Avenue, N.W., Washington, DC, or at the Office of the 
Federal Register, suite 700, 800 North Capitol Street, N.W., 
Washington, DC.
    Pursuant to the requirements of section 18(g) of the Federal Trade 
Commission Act, 15 U.S.C. 57a(g), and the provisions of the 
Administrative Procedure Act, 5 U.S.C. 553(b), the Commission published 
notices requesting comment on the proposed conditional exemption on 
June 15, 1994 (59 FR 30733) and November 16, 1995 (60 FR 57552). This 
conditional exemption is not subject to the requirements of the 
Paperwork Reduction Act, 44 U.S.C. 3501, because the conditional 
exemption does not create requirements for information collection; 
rather, it provides an alternative method of communicating information. 
The Regulatory Flexibility Act, 44 U.S.C. 601(2), does not apply to 
this conditional exemption because, pursuant to section 18(d)(2)(B) of 
the Federal Trade Commission Act, 15 U.S.C. 57a(d)(2)(B), an exemption 
to a rule under section 18(g) of the Federal Trade Commission Act, 15 
U.S.C. 57(a)(g), shall not be treated as an amendment or repeal of a 
rule. The conditional exemption will become effective on July 1, 1997.

List of Subjects in 16 CFR Part 423

    Labeling; Incorporation by reference; Textiles; Trade practices.

Text of Amendments

    Accordingly, the Commission amends 16 CFR Part 423 as follows:

PART 423--[AMENDED]

    1. The authority citation for part 423 continues to read as 
follows:

    Authority: 38 Stat. 717, as amended; (15 U.S.C. 41, et seq.)

    2. Section 423.2 is amended by revising paragraph (b) to read as 
follows:


Sec. 423.2  Terminology.

* * * * *
    (b) Any appropriate symbols may be used on care labels or care 
instructions, in addition to the required appropriate terms so long as 
the terms fulfill the requirements of this part. See Sec. 423.8(g) for 
conditional exemption allowing the use of symbols without terms.
* * * * *
    3. Section 423.8 is amended by revising paragraph (g) to read as 
follows:


Sec. 423.8  Exemptions.

* * * * *
    (g) The symbol system developed by the American Society for Testing 
and Materials (ASTM) and designated as ASTM Standard D5489-96c Guide to 
Care Symbols for Care Instructions on Consumer Textile Products may be 
used on care labels or care instructions in lieu of terms so long as 
the symbols fulfill the requirements of this part. In addition, symbols 
from the symbol system designated as ASTM Standard D5489-96c may be 
combined with terms so long as the symbols and terms used fulfill the 
requirements of this part. Provided, however, that for the 18-month 
period beginning on July 1, 1997, such symbols may be used on care 
labels in lieu of terms only if an explanation of the meaning of the 
symbols used on the care label in terms is attached to, or provided 
with, the item of textile wearing apparel. This incorporation by 
reference was

[[Page 29009]]

approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of ASTM Standard D5489-96c 
Guide to Care Symbols for Care Instructions on Consumer Textile 
Products may be obtained from the American Society for Testing and 
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or may 
be inspected at the Federal Trade Commission, room 130, 600 
Pennsylvania Avenue, NW., Washington, DC, or at the Office of the 
Federal Register, suite 700, 800 North Capitol Street, NW., Washington, 
DC.

    Authority: 15 U.S.C. 41-58.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 97-13869 Filed 5-28-97; 8:45 am]
BILLING CODE 6750-01-P