[Federal Register Volume 63, Number 68 (Thursday, April 9, 1998)]
[Proposed Rules]
[Pages 17348-17349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9356]


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FEDERAL TRADE COMMISSION

16 CFR Part 235


Guides Against Deceptive Labeling and Advertising of Adhesive 
Compositions

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (``Commission'') requests public 
comments about the overall costs and benefits and the continuing need 
for its Guides Against Deceptive Labeling and Advertising of Adhesive 
Compositions (``Adhesive Compositions Guides'' or ``the Guides''), as 
part of the Commission's systematic review of all current Commission 
regulations and guides.

DATES: Written comments will be accepted until June 8, 1998.

ADDRESSES: Comments should be directed to: Secretary, Federal Trade 
Commission, Room H-159, Sixth Street and Pennsylvania Ave., N.W., 
Washington, D.C. 20580. Comments should be identified as ``Adhesive 
Compositions Guides, 16 CFR Part 235--Comment.'' E-mail comments will 
be accepted at [[email protected]]. Those who comment by e-mail should 
give a mailing address to which an acknowledgment can be sent.

FOR FURTHER INFORMATION CONTACT:
Erika Wodinsky, Attorney, San Francisco Regional Office, Federal Trade 
Commission, 901 Market Street, Suite 570, San Francisco, CA 94103, 
telephone number (415) 356-5270, E-mail [[email protected]].

SUPPLEMENTARY INFORMATION: 

I. Adhesive Composition Guides

    The Commission promulgated the Adhesive Compositions Guides in 
1967, 32 FR 15538 (Nov. 8, 1967), pursuant to section 5 of the Federal 
Trade Commission Act (``FTC Act''), 15 U.S.C. 45.\1\
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    \1\ Section 5 of the FTC Act declares unfair methods of 
competition and unfair or deceptive acts or practices to be 
unlawful.
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    These Guides, like other industry guides issued by the Commission, 
``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. Conduct inconsistent 
with the Guides may result in corrective action by the Commission under 
applicable statutory provisions.
    The Guides contain eight parts. Guide 1 advises against 
representing that an adhesive product is composed of metal or a 
particular metal, or has the same intrinsic characteristics of that 
metal, if the product does not, after application, have the same 
physical and chemical properties as that metal. It also specifically 
advises against, with certain exceptions, the use of the terms 
``metal,'' ``iron,'' ``steel,'' ``aluminum,'' or other names of metals 
to designate brand names of products that do not have the same chemical 
or physical properties as the specified metal.
    Guide 2 advises against the use of the terms ``solder'' or ``weld'' 
to describe a product that does not form a metallic seal or bond, 
unless clear disclosure is made that the product is nonmetallic. Guide 
3 addresses the use of the term ``porcelain,'' and advises against the 
use of the name in connection with products which do not possess all of 
the chemical and physical properties of porcelain.
    Guide 4 applies to representations about epoxy adhesives. It 
counsels against the use of representations that a product is an epoxy 
adhesive unless the product is derived from specified chemical 
substances, and, when applied in use, reacts with a hardening agent to 
form an infusible and insoluble bond. Guide 5 addresses the use of the 
word ``rubber,'' and advises against the use of that term in connection 
with products that do not possess the essential characteristics of 
rubber. Guide 6 is a general, overall statement about what types of 
claims for adhesive products will be viewed as deceptive in advertising 
or labeling. In particular, it addresses the use of representations 
about the types of adhesive products specified in the Guides that are 
likely to mislead or deceive purchasers about the nature, composition, 
capabilities, durability, hardness, adhesive strength, lasting effect, 
thermal or electrical properties, or resistance to deterioration of the 
product. It specifically advises against making claims that a product 
will seal or mend ``anything'' when there are materials that it cannot 
seal or mend, or that a product will effect a ``permanent'' repair, 
when the repair will not last as long as the product.
    Guide 7 addresses representations that a product is ``guaranteed,'' 
without a clear and conspicuous disclosure of the extent of the 
guarantee, any material conditions or limitations imposed by the 
guarantor, the manner in which the guarantor will perform thereunder, 
and the identity of the guarantor. Finally, Guide 8 advises against 
manufacturers and distributors providing others with promotional 
materials through which such persons may deceive consumers with respect 
to adhesive products.

II. Regulatory Review Program

    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 rescission. Therefore, the 
Commission solicits comments on, among other things, the economic 
impact of and the continuing need for the Adhesive Compositions Guides; 
possible conflict between the Guides and state, local, or other federal 
laws; and the effect on the Guides of any technological, economic, or 
other industry changes.

[[Page 17349]]

III. Request for Comment

    The Commission solicits written public comments on the following 
questions:
    (1) Is there a continuing need for the Adhesive Compositions 
Guides?
    (a) what benefits have the Guides provided to purchasers of the 
products affected by the Guides?
    (b) Have the Guides imposed costs on purchasers?
    (2) What changes, if any, should be made to the Guides to increase 
the benefits of the Guides to purchasers?
    (a) How would these changes affect the costs the Guides impose on 
firms adhering to their advice? How would these changes affect the 
benefits to purchasers?
    (3) What significant burdens or costs, including costs of 
compliance, have the Guides imposed on firms adhering to their advice?
    (a) Have the Guides provided benefits to such firms? If so, what 
benefits?
    (4) What changes, if any, should be made to the Guides to reduce 
the burdens or costs imposed on firms adhering to their advice?
    (a) How would these changes affect the benefits provided by the 
Guides?
    (5) Do the Guides overlap or conflict with other federal, state, or 
local laws or regulations?
    (6) Since the Guides were issued, what effects, if any, have 
changes in the global marketplace, relevant technology (such as the 
Internet, e-mail, or CD ROM advertising), or economic conditions had on 
the Guides? If so, in what manner? Does use of these changed 
conditions, or this new technology affect consumers' rights or sellers' 
responsibilities under the Guides?
    (7) Are any portions of the Guides outdated or otherwise no longer 
relevant in this industry? If yes, why?
    (8) Are there industry standards covering any of the issued 
addressed by the Guides? If yes, what are they?

List of Subjects in 16 CFR Part 235

    Advertising, Adhesives, Labeling, Trade practices.

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

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-9356 Filed 4-8-98; 8:45 am]
BILLING CODE 6750-01-M