[Federal Register Volume 63, Number 244 (Monday, December 21, 1998)]
[Rules and Regulations]
[Pages 70332-70333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33704]
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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: Rescission of the Guides Against Deceptive Labeling and
Advertising of Adhesive Compositions.
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SUMMARY: On April 9, 1998 the Commission published a Federal Register
notice initiating the regulatory review of the Federal Trade
Commission's (``Commission'') Guides Against Deceptive Labeling and
Advertising of Adhesive Compositions (``Adhesive Compositions Guides''
or ``the Guides''), 16 CFR Part 235. The Commission has now completed
its review, and determined to rescind the Guides.
EFFECTIVE DATE: December 21, 1998.
ADDRESS: Requests for copies of the Federal Register Notice should be
sent to the Consumer Response Center, Room 130, Federal Trade
Commission, 600 Pennsylvania Ave., N.W., Washington, DC 20580. The
notice and news release announcing the rescission of the Guides are
available on the Internet at the Commission's website, ``http://
www.ftc.gov''.
FOR FURTHER INFORMATION CONTACT: Erika Wodinsky, Assistant Regional
Director, Federal Trade Commission, San Francisco Regional Office, 901
Market Street, Suite 570, San Francisco, CA 98103, telephone number
(415) 356-5270, E-mail ``[email protected]''.
SUPPLEMENTARY INFORMATION: The Adhesive Compositions Guides,
promulgated by the Commission on November 8, 1967, provide guidance to
manufacturers, distributors, wholesalers, jobbers, and retailers of
adhesive products regarding the labeling and advertising of these
products. The Guides counsel against the use of terms that suggest that
various adhesive products contain or have the properties of metal,
solder or weld, porcelain, epoxy, and rubber if those products do not,
in fact, have the same chemical or physical properties as the specified
products. See Guides 1-5. In addition, the Guides contain a general,
overall statement about what types of claims for adhesive products will
be viewed as deceptive in advertising or labeling. In particular, the
Guides address the use of representations 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 adhesive
products. One section of the Guides also advises that a representation
that a product is ``guaranteed'' should contain 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,
the Guides advise against manufacturers and distributors providing
another person with promotional materials through which that person
deceives consumers with respect to adhesive products.
The Commission has determined, as part of its oversight
responsibilities, to review rules and industry 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. The
Commission solicited comments on the Adhesive Compositions Guides in
the Federal Register on April 9, 1998, 63 FR 17348. The Commission's
staff also mailed copies of the notice to three industry trade
associations, representing over 150 industry members, to ensure that
all interested parties would have an opportunity to comment. The
comment period ended June 8, 1998.
The Commission received three comments. Two comments were from
consumers who supported retaining the Guides and expressed general
concern about the need to prevent deception in labeling adhesive
products. Although both letters provided thoughtful comment on the
importance of protecting consumers from deception,
[[Page 70333]]
neither offered any specific examples of deception observed in this
industry.
The third comment was submitted by the Adhesives and Sealant
Council, Inc. (``ASC''), an industry trade association. ASC expressed
concern that the Guides, as presently written, have little practical
use due to significant technological changes since their adoption. It
noted that:
Since the early 1970's a wide range of adhesives and sealants,
designed for specific applications, have entered the commercial
market and it would be beneficial to today's more sophisticated
consumers if the Guidelines offered descriptions [of] the various
types of adhesives, i.e., silicones, urethanes, acrylics or epoxy
adhesives.
ASC also suggested that the Guides, if retained, might require a
statement of the type and percentage of any solvent content within a
product. In addition, ASC suggested that the Guides have better
definitions, in light of the new types of materials being used today.
It noted, for example, that ``the term `rubber' normally means natural
rubber unless there is some type of prefix included such as `silicone
rubber,' '' and suggested that the term be defined more broadly to
include ``elastomeric materials not necessarily based on natural
rubber.'' The association recommended that the Guides be discontinued
unless they can be modified substantially.
Industry compliance with the Guides appears to be satisfactory. In
the 31 years since the Guides were issued, the Commission has not
received any complaints or initiated any enforcement actions relating
in any way to these Guides. If, in the future, deceptive practices
prove to be a problem in this industry, however, the Commission may
pursue enforcement actions, under section 5 of the Federal Trade
Commission Act, 15 U.S.C. 45, as needed on a case-by-case basis.
For the reasons explained in this notice, the Commission has
determined to rescind the Guides because they are no longer necessary.
List of Subjects in 16 CFR Part 235
Adhesives, Advertising, Labeling, Trade practices.
PART 235--[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 235.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-33704 Filed 12-18-98; 8:45 am]
BILLING CODE 6750-01-P