[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Proposed Rules]
[Pages 69232-69236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33280]
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FEDERAL TRADE COMMISSION
16 CFR Part 423
Trade Regulation Rule on Care Labeling of Textile Wearing Apparel
and Certain Piece Goods
AGENCY: Federal Trade Commission.
ACTION: Announcement of public workshop-conference.
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SUMMARY: The Federal Trade Commission (``the Commission'') will hold a
public workshop-conference in
[[Page 69233]]
connection with the notice of proposed rulemaking published May 8, 1998
proposing amendments to its Trade Regulation Rule on Care Labeling of
Textile Wearing Apparel and Certain Piece Goods, 16 CFR Part 423 (``the
Care Labeling Rule'' or ``the Rule''). The workshop-conference will be
for discussion of issues related to care labeling instructions for home
laundering and professional wetcleaning of textile wearing apparel.
DATES: The public workshop-conference will take place on Friday,
January 29, 1999, from 9:00 a.m. until 5:30 p.m. Members of the public
who are interested in participating in the public workshop-conference
must notify the Commission's staff in writing on or before January 14,
1999.
ADDRESSES: Notification of interest in participating in the public
workshop-conference should be submitted in writing on or before January
14, 1999, to James G. Mills, Division of Enforcement, Rm. 4616, Federal
Trade Commission, Washington, DC 20580. The public workshop-conference
will take place in Room 432 of the Federal Trade Commission
Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Constance M. Vecellio, (202) 326-2966,
or James G. Mills, (202) 326-3035, Attorneys, Division of Enforcement,
Federal Trade Commission, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
A. The Care Labeling Rule
The Care Labeling Rule was promulgated by the Commission on
December 16, 1971, 36 FR 23883. In 1983, the Commission amended the
Rule to clarify its requirements by identifying in greater detail the
washing or dry cleaning information to be included on care labels. 48
FR 22733 (1983). The Care Labeling Rule, as amended, requires
manufacturers and importers of textile wearing apparel and certain
piece goods to attach care labels to these items 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).
B. Procedural History
1. Regulatory Review of the Rule
As part of its continuing review of its trade regulation rules to
determine their current effectiveness and impact, the Commission
published a Federal Register notice on June 15, 1994, seeking comment
on the costs and benefits of the Rule, and related questions, such as
what changes in the Rule would increase the Rule's benefits to
purchasers and how those changes would affect the costs the Rule
imposes on firms subject to its requirements. 59 FR 30733 (``the 1994
Notice''). The comments in response to the 1994 Notice generally
expressed continuing support for the Rule, stating that correct care
instructions benefit consumers by extending the useful life of the
garment, by helping the consumer maximize the appearance of the
garment, and/or by allowing the consumer to take the ease and cost of
care into consideration when making a purchase.
2. The ANPR
Based on this review, the Commission determined to retain the Rule,
but to seek additional comment on possible amendments to the Rule. To
begin the process, the Commission published an Advance Notice of
Proposed Rulemaking on December 28, 1995, 60 FR 67102 (``the ANPR'').
In the ANPR, the Commission discussed and solicited comment on
standards for water temperature, the desirability of a home washing
instruction and a wet cleaning instruction for items for which such
processes are appropriate, and the Rule's reasonable basis standard.
The Commission received 64 comments in response to these issues.
3. The NPR
Based on the comments responding to the ANPR, and on other
evidence, the Commission published a Notice of Proposed Rulemaking in
May 1998, 63 FR 25417 (May 8, 1998) (``the NPR''), in which the
Commission proposed the following specific amendments to the Rule and
sought comments thereon:
1. An amendment to require that an item that can be safely cleaned
by home washing be labeled with instructions for home washing;
2. An amendment to establish a definition in the Rule for
``professional wetcleaning'' and to permit manufacturers to label a
garment that can be professionally wetcleaned with a ``professionally
wetclean'' instruction;
3. An amendment to clarify that manufacturers must establish a
reasonable basis for care instructions for an item based on reliable
evidence for each component of the item in conjunction with reliable
evidence for the garment as a whole; and
4. An amendment changing the definitions of ``cold,'' ``warm'' and
``hot'' water to be consistent with those of the American Association
of Textile Chemists and Colorists (``AATCC''), and adding a new term--
``very hot''--and corresponding definition consistent with AATCC's term
and definition.
The NPR also included six specific questions to elicit information on
the proposed amendments.
In the NPR, the Commission made the following announcement:
The Commission has determined, pursuant to 16 CFR 1.20, to
follow the procedures set forth in this notice for this proceeding.
The Commission has decided to employ a modified version of the
rulemaking procedures specified in Section 1.13 of the Commission's
Rules of Practice. The proceeding will have a single Notice of
Proposed Rulemaking, and disputed issues will not be designated.
The Commission will hold a public workshop-conference to discuss
the issues raised by this NPR. Moreover, if comments in response to
this NPR request hearings with cross-examination and rebuttal
submissions, as specified in Section 18(c) of the Federal Trade
Commission Act, 15 U.S.C. 57a(c), the Commission will also hold such
hearings. After the public workshop, the Commission will publish a
notice in the Federal Register stating whether hearings will be held
in this matter, and, if so, the time and place of hearings and
instructions for those desiring to present testimony or engage in
cross-examination of witnesses.
63 FR 25425-26 (May 8, 1998).
The Commission also stated in the NPR that it would announce the
time and place of the workshop-conference after the comment period,
which closed on July 27, 1998. Today's notice announces that the
workshop-conference will take place on January 29, 1999, from 9:00 a.m.
until 5:30 p.m. in room 432 of the Commission's Headquarters Building
at 600 Pennsylvania Avenue, NW, Washington, DC.
There were no requests for hearings in the 38 comments received in
response to the NPR.\1\ Therefore, the Commission
[[Page 69234]]
will not hold public hearings in this matter. Six comments contained
requests to participate in the workshop-conference.
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\1\ The comments were from: five consumers; one consumer group;
one academician; two textile fiber manufacturer associations; two
apparel manufacturer associations; one apparel manufacturer; one
apparel retailer; five professional cleaner associations; eight
professional cleaners; one international association for textile
care labeling; three laundry equipment manufacturers; two
manufacturers of cleaning products; one environmental protection
group; one non-profit research and technical assistance
organization; one non-profit clearinghouse for information on
emissions control; one home appliance manufacturer trade
association; one home appliance repairman; and one foreign nation.
The comments are on the public record and are available for public
inspection in accordance with the Freedom of Information Act, 5
U.S.C. 552, and the Commission's Rules of Practice, 16 CFR 4.11, at
the Consumer Response Center, Public Reference Section, Room 130,
Federal Trade Commission, 6th St. and Pennsylvania Avenue, NW,
Washington, D.C. The comments also are available for inspection on
the Commission's website at <www.ftc.gov/bcp/rulemaking/carelabel/
comments/comlist.htm>.
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II. Comments on the Issues in the NPR That Will Form the Basis of
the Workshop-Conference
As a result of its initial analysis of the comments responding to
the NPR, the Commission has concluded that the comments addressing two
of its proposals--to require a home washing instruction for home-
washable products and to permit a ``Professionally Wetclean''
instruction for items for which that care method would be appropriate--
express points of view that merit further discussion. The Commission
will base its analysis of the other two proposals (relating to water
temperature standards and the Rule's reasonable basis requirement) on
the written comments in the record, and will include a discussion of
these proposals in the Statement of Basis and Purpose that the
Commission will publish along with any final amendments to the Rule.
Those proposals will not be discussed at the workshop-conference.
A. The Home-Washing Instruction
The 17 comments responding to the proposal to require washing
instructions for items that could be home-laundered (with a
``Dryclean'' instruction optional, if appropriate) expressed divergent
views. Some supported the proposal as stated. Others favored requiring
both drycleaning and home laundering instructions if both were
appropriate. Still others opposed the proposal altogether, contending
that it would necessitate additional testing by manufacturers in order
to have a reasonable basis for both methods of care, instead of only
one, and recommended that the Rule remain unchanged in this regard.
Twelve comments addressed how consumers interpret a ``Dryclean''
instruction. Many said there was no empirical evidence on this point,
but they believed that consumers think it means that an item so labeled
cannot be washed at home. The Clorox Company (comment no. 22) submitted
a random digit dial telephone interview survey of 1,000 nationally
representative adult consumers conducted by an independent market
research firm. Half the consumers interviewed in the survey had
laundered items labeled ``Dryclean,'' and 60% of these respondents were
generally satisfied with the results. The study showed that nearly 90%
of consumers interviewed would prefer care labels to include washing
instructions. This suggests that a significant percentage of garments
that are labeled ``Dryclean'' may be home laundered; moreover,
consumers expressed an overwhelming preference to be given such
information. In addition, the survey suggests that consumers may not
treat ``Dryclean'' and ``Dryclean Only'' instructions differently,
although under the current Rule they have distinctly different
meanings.\2\ This research, which was not available to the other
commentors when they filed their comments, provides empirical evidence
of consumers' views and their behavior when they make decisions on how
to care for a garment labeled for drycleaning. Accordingly, the
Commission requests that participants in the workshop-conference review
this study and be prepared to discuss its findings. This research is
now on the public record with the other comments.
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\2\ The Rule currently requires either a washing instruction or
a drycleaning instruction for items that can be safely subjected to
both processes; it does not require both instructions. Thus, a
manufacturer using a ``Dryclean'' instruction needs to be able to
substantiate only that drycleaning is an acceptable method of care.
In contrast, a manufacturer that uses a ``Dryclean Only''
instruction must be able to substantiate both that drycleaning
refurbishes the garment without damage and that home washing would
result in damage to the garment.
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B. The ``Professionally Wetclean'' Instruction
The NPR proposed an amendment that would include a definition for
wetcleaning and permit (but not require) a wetcleaning instruction
together with the item's fiber content, a recommendation of at least
one type of cleaning equipment (unless all types of commercially
available professional cleaning equipment would be appropriate), and
one other appropriate method of cleaning (or a warning that the item
cannot be washed or drycleaned, if such is the case). The NPR also
asked for information on the number of domestic businesses that provide
professional wetcleaning to the public on a regular basis and the
appropriateness of the proposed wetcleaning amendment.
Twenty-five comments addressed the proposed wetcleaning instruction
and/or responded to the question in the NPR relating to it. A few
opposed the proposal, maintaining that the technology and availability
of wetcleaning are not yet advanced enough to justify a wetcleaning
instruction. Most favored some kind of wetcleaning instruction, but
recommended varying circumstances under which the instruction should be
allowed. Some comments favored the proposed requirement to include
another appropriate care method with the wetcleaning instruction, while
others thought the alternative (i.e., the non-wetcleaning instruction)
should be permitted, but not required. Several favored requiring the
professional wetcleaning instruction when the method would be
appropriate, maintaining that, if the instruction were only permitted,
not all manufacturers would use it, which would lead consumers to
conclude erroneously that, when it was not used on a garment with a
``Dryclean'' label, the garment could not be professionally wetcleaned.
Several commentors addressed the proposal that the label specify a type
of wetcleaning equipment. Of these, most thought this requirement would
be unnecessary and too limiting, with some contending that it would
appear to be an endorsement of certain kinds of laundering equipment.
Of the six comments that addressed the proposal to include fiber
content on care labels that show a ``Professionally Wetclean''
instruction, five favored the idea, with most suggesting that all care
labels be required to include fiber content. These commentors
maintained that the resulting extra label size requirement (to
accommodate the fiber content information) should apply equally to
labels with all types of instructions. To do otherwise, they contended,
would create a disincentive for manufacturers to elect to include the
``Professionally Wetclean'' instruction, which would necessitate the
larger label.
In the NPR, the Commission proposed the following definition for
``professional wetcleaning'':
(h) Professional wet cleaning means a system of cleaning by
means of equipment consisting of a computer-controlled washer and
dryer, wet cleaning software, and biodegradable chemicals
specifically formulated to safely wet clean wool, silk, rayon, and
other natural and man-made fibers. The washer uses a frequency-
controlled motor, which allows the computer to control precisely the
degree of mechanical action imposed on the garments by the wet
cleaning process. The computer also controls time, fluid levels,
temperatures, extraction, chemical injection, drum rotation, and
extraction parameters. The dryer incorporates a residual moisture
(or humidity) control to prevent overdrying of delicate garments.
The wet cleaning chemicals are formulated from constituent chemicals
on the EPA's public inventory of approved chemicals pursuant to the
Toxic Substances Control Act.
[[Page 69235]]
Eleven comments addressed this proposed definition. A few favored
the proposed definition, some agreeing with the text as it appeared in
the NPR, and some suggesting minor modifications. Others rejected the
proposed language outright with no further comment. Several comments
maintained that the proposal was too narrow because it encompassed only
the newest technology without including the more traditional knowledge
and expertise of the individual cleaner relying on personal experience
and using simpler equipment. Most of these comments offered their own,
simpler definitions that incorporated their concerns; two of these
agreed with a definition that was submitted by the Center for
Neighborhood Technology:
Wetcleaning is the cleaning of clothes in a commercial setting
with a water-based system that utilizes specially formulated
detergents, and precise control (either manual or computerized) over
the mechanical action, water temperature and level, and carefully
regulated drying. Wetcleaning spotting is done by using products
designed for the process that can be safely discharged to sewer
systems. Pressing of wetcleaned garments may be done either with
conventional professional pressing equipment, or with tensioning
finishing equipment and/or drying cabinets for greater productivity.
There was little agreement among the 12 comments that addressed the
question in the NPR as to the number of domestic cleaning
establishments that provide wetcleaning services to the public. Several
stated specific numbers, ranging from ``very few--around 100,'' to 200
and up to 350. Some suggested that the number is low enough that
permitting a wetcleaning instruction under any circumstances would be
premature. Other comments pointed out that the number of establishments
devoted exclusively to wetcleaning understates the actual availability
of wetcleaning, because the service is often available from cleaners
that also use other methods of refurbishing.
III. Specific Issues for Discussion at the Workshop-Conference
The following issues will form the basis for discussion at the
workshop-conference:
1. a. Should the Rule be amended to require a washing instruction
for all items that can safely be washed at home, even if drycleaning
would be an appropriate alternative care method?
b. Should a washing instruction be required if the item can be
successfully refurbished by washing but its useful life would be
extended by drycleaning?
c. Can criteria be identified that would assist manufacturers in
determining when a home-laundering instruction, although technically
feasible, should not be used because it would result in a less than
ideally refurbished garment?
2. a. Should the Commission amend the Rule to permit, or to
require, a ``Professionally Wetclean'' instruction?
b. Should the requirement include the statement of a type of
professional wetcleaning equipment?
c. Should the inclusion of other appropriate care methods be
mandatory or optional?
d. How should the Rule define ``professional wetcleaning''?
The Commission asks that all prospective participants identify
which of these issues are of particular interest to them when they
submit their written request to participate in accordance with the
instruction in the ADDRESSES paragraph, above. Prospective participants
who wish to address issues not appearing above must identify in their
request the issues they wish to raise.
IV. Procedures Governing the Workshop-Conference
The Commission's staff will conduct the workshop-conference to
afford Commission staff and affected interests an opportunity to
discuss the issues identified above and, in particular, to examine
areas of significant controversy of divergent opinions. The workshop-
conference will be facilitated by a Commission staff member. Those who
are interested in participating in the workshop-conference must notify
the Commission's staff by January 14, 1999, as directed in the
ADDRESSES heading, above. Prospective participants must include with
their notification a copy of any statement that they intend to make at
the beginning of the proceeding and must indicate which issues in
particular are of interest to them. Affected interests may, if they
wish, designate a specific party to represent their shared group
interests in the workshop-conference. Prior to the workshop-conference,
participants will be provided with a tentative agenda.
While the workshop-conference will address primarily those issues
identified in the discussion above, participants also will be afforded
an opportunity to address such additional related issues as are raised
during the proceeding. Commission staff will consider the views and
suggestions made during the workshop-conference in conjunction with the
written comments in formulating a final recommendation to the
Commission concerning the NPR.
If the number of parties who request to participate in the
workshop-conference is so large that it would inhibit effective
discussion, the Commission staff will select parties to participate
from among those who ask. The selections will be made on the basis of
the following criteria:
1. The party must have submitted a written comment in response to
the 1994 Notice, the ANPR, or the NPR;
2. The party must have notified the Commission's staff of its
interest and identified the issues it wishes to discuss by January 14,
1999;
3. The party's attendance would promote a balance of interests
being represented at the workshop-conference;
4. The party's participation would promote the consideration and
discussion of the issues identified above;
5. The party has expertise in areas affected by the Care Labeling
Rule; and
6. The party has been designated by one or more of the affected
interests (who have filed written comments and timely requests to
participate) as a party who shares group interests with the
designator(s).
If it is necessary to limit the number of participants, those not
selected to participate, but who have submitted written comments and
requests to participate in accordance with the instructions above, will
be afforded an opportunity at the end of the conference to present
their views during a limited time period. The time allotted for these
statement will be determined on the basis of the time necessary for
discussion of the issues by the selected parties, as well as by the
number of persons who wish to make such statements. If any person
cannot complete the presentation of his or her statement in the
allotted time, that person will be allowed, within 72 hours thereafter,
to file a written statement covering those relevant matters that he or
she did not present orally. The discussion during the workshop-
conference will be transcribed and the transcription will be placed on
the public record. After the conclusion of the workshop, the record
will remain open for 30 days for additional or rebuttal comments.
V. Legal Authority
This notice is being published pursuant to Section 18 of the
Federal Trade Commission Act, 15 U.S.C. 57a et seq. (``FTC Act''), the
provisions of Part 1, Subpart B of the Commission's Rules of Practice,
16 CFR 1.7, and 5 U.S.C. 551 et seq. This authority permits the
Commission to promulgate, modify, and repeal trade regulation rules
that define with specificity acts or practices that are unfair or
deceptive in or affecting
[[Page 69236]]
commerce within the meaning of Section 5(a)(1) of the FTC Act, 15
U.S.C. 45(a)(1).
VI. Communications by Outside Parties to Commissioners or Their
Advisors
Pursuant to Rule 1.18(c) of the Commission's Rules of Practice, 16
CFR 1.18(c) (1997), communications with respect to the merits of this
proceeding from any outside party to any Commissioner or Commissioner's
advisor during the course of this rulemaking shall be subject to the
following treatment. Written communications, including written
communications from members of Congress, shall be forwarded promptly to
the Secretary for placement on the public record. Oral communications,
not including oral communications from members of Congress, are
permitted only when such oral communications are transcribed verbatim
or summarized, at the discretion of the Commissioner or Commissioner's
advisor to whom such oral communications are made, and are promptly
placed on the public record, together with any written communications
and summaries of any oral communications relating to such oral
communications. Oral communications from members of Congress shall be
transcribed or summarized, at the discretion of the Commissioner or
Commissioner's advisor to whom such oral communications are made, and
promptly placed on the public record, together with any written
communications and summaries of any oral communications relating to
such oral communications.
List of Subjects in 16 CFR Part 423
Care labeling of textile wearing apparel and certain piece goods,
Trade practices.
Authority: 15 U.S.C. 57a(d)(2)(B).
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-33280 Filed 12-15-98; 8:45 am]
BILLING CODE 6750-01-P