[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Proposed Rules]
[Pages 13368-13369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6597]


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FEDERAL TRADE COMMISSION

16 CFR Part 241


Request for Comment Concerning Guides for the Dog and Cat Food 
Industry

AGENCY: Federal Trade Commission.

ACTION: Request for public comment.

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SUMMARY: The Federal Trade Commission (``Commission'') requests public 
comment on the overall costs and benefits and the continuing need for 
its Guides for the Dog and Cat Food Industry (``the Dog and Cat Food 
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 May 17, 1999.

ADDRESSES: Mailed comments should be directed to: Secretary, Federal 
Trade Commission, Room H-159, 600 Pennsylvania Ave., NW., Washington, 
DC 20580. Mailed comments should be identified as ``Dog and Cat Food 
Guides, 16 CFR Part 241--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: Jock K. Chung, Attorney, Federal Trade 
Commission, Washington, DC 20580, telephone number (202) 326-2984.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission promulgated the Dog and Cat Food Guides on February 
28, 1969, 34 FR 3619 (1969), under 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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    The Guides cover food for dogs or cats, including dry, semimoist, 
frozen, canned, and other commercial foods manufactured or marketed for 
consumption by domesticated dogs or cats, as well as special candy for 
dogs and cats, but not animal medicines or remedies. The Guides apply 
to any person, firm, corporation, or organization engaged in the 
importation, manufacture, sale or distribution of dog or cat food. In 
summary, the Dog and Cat Food Guides advise against:
    (1) Misrepresenting dog or cat food in any material respect; for 
example, misrepresenting the composition, form, suitability, quality, 
color, flavor of any dog or cat food; misrepresenting that any dog or 
cat food meets the dietary or nutritional needs of dogs and cats; or 
misrepresenting that any dog or cat food will provide medicinal or 
therapeutic benefits;
    (2) Misrepresenting that any dog or cat food is fit for human 
consumption or has been made under the same sanitary conditions as food 
for humans;
    (3) Misrepresenting the processing methods used in the manufacture 
or processing of any dog or cat food;
    (4) Making false statements about the conduct of competitors or 
about the quality of competitors' products;
    (5) misrepresenting the length of time a dog or cat food company 
has been in business, its rank in the industry, or that it owns 
laboratory or other testing facilities;
    (6) using deceptive endorsements or testimonials, or deceptively 
claiming that any dog or cat food has received an award;
    (7) offering for sale any dog or cat food when the offer is not a 
bona fide effort to sell the product so offered as advertised and at 
the advertised price;

[[Page 13369]]

    (8) failing to include details, such as the manner in which the 
guarantor will perform and the identity of the guarantor, for all 
guarantees or warranties offered for dog and cat food; and
    (9) misrepresenting the price at which any dog or cat food may be 
purchased.

II. Regulatory Review Program

    The Commission has determined to review all current Commission 
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 comment on, among other 
things, the economic impact of and the continuing need for the Dog and 
Cat Food Guides; possible conflict between the Guides and state, local, 
or federal laws; and the effect on the Guides of any technologies, 
economic, or other industry changes.

III. Request for Comment

    The Commission solicits written public comment on the following 
questions:
    (1) Is there a continuing need for the Dog and Cat Food Guides?
    (a) What benefits have the Guides provided to purchasers of the dog 
or cat food products covered 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? How would these changes 
effect the costs the Guides impose on firms that conform to the Guides? 
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 that conform to the 
Guides? 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 that conform to the Guides? 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 relevant technology or economic conditions had on the 
Guides? For example, do sellers use E-mail or the Internet to promote 
or sell dog or cat good products covered by the Guides? If so, in what 
manner? Does use of this new technology affect consumers' rights of 
sellers' responsibilities under the Guides?
    (7) Are there private industry standards addressing the practices 
covered by the Guides?
    (8) Are there any abuses occurring in the promotion, sale, or 
distribution of dog or cat food products covered by the Guides that are 
not dealt with in the Guides? If so, what mechanisms should be explored 
to address such abuses (e.g., consumer education, industry self-
regulation, revisions to the Guides)?

List of Subjects in 16 CFR Part 241

    Advertising, Animal food, Foods, Labeling, Pets, Trade practices.

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

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 99-6597 Filed 3-17-99; 8:45 am]
BILLING CODE 6750-01-M