[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Proposed Rules]
[Pages 8045-8047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03970]
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FEDERAL TRADE COMMISSION
16 CFR Part 24
Guides for Select Leather and Imitation Leather Products
AGENCY: Federal Trade Commission.
ACTION: Regulatory review; request for public comment.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
requests public comments on its Guides for Select Leather and Imitation
Leather Products (``Leather Guides'' or ``Guides''). The Commission is
soliciting the comments as part of the Commission's systematic review
of all current Commission regulations and guides.
DATES: Comments must be received by April 22, 2019.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Leather Guides Review,
P188014'' on your comment, and file your comment online at https://www.regulations.gov by following the instructions of that website. If
you prefer to file your comment on paper, mail your comment to the
following address: Federal Trade Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J), Washington, DC
20580; or deliver your comment to the following address: Federal Trade
Commission, Office of the Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 610, Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: James R. Golder (214-979-9376),
[email protected], Attorney, Southwest Region, Federal Trade Commission,
1999 Bryan Street, Suite 2150, Dallas, Texas 75201.
SUPPLEMENTARY INFORMATION:
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I. Background
The Commission's Leather Guides address misrepresentations about
the composition and characteristics of specific leather and imitation
leather products.\1\ The Guides apply to the manufacture, sale,
distribution, marketing, or advertising of all kinds of leather or
simulated leather purses, luggage, wallets, footwear, and other similar
products. Importantly, the Leather Guides state that disclosure of non-
leather content should be made for material that has the appearance of
leather but is not leather.
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\1\ The Leather Guides ``are administrative interpretations of
laws administered by the Commission for the guidance of the public
in conducting its affairs in conformity with legal requirements.
They provide the basis for voluntary and simultaneous abandonment of
unlawful practices by members of industry.'' 16 CFR 1.5. Conduct
inconsistent with the Guides may result in corrective action by the
Commission under Section 5 of the FTC Act (15 U.S.C. 45).
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The Commission adopted the Leather Guides in 1996, as part of its
periodic review of its rules and guides.\2\ On May 23, 2007, the
Commission published a Federal Register notice seeking public comment
on the Guides.\3\ On June 18, 2008, the Commission published its
conclusion that there was a continuing need for the Guides, and it
approved retention of the Guides in their current form.\4\
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\2\ 61 FR 51577 (October 3, 1996). When adopted, the Leather
Guides consolidated portions of the Guides for the Luggage and
Related Products Industry, the Guides for Shoe Content Labeling and
Advertising, and the Guides for the Ladies' Handbag Industry. The
Leather Guides also included provisions previously contained in the
Commission's Trade Regulation Rule Concerning Misbranding and
Deception as to Leather Content of Waist Belts. See 72 FR 28907 (May
23, 2007).
\3\ 72 FR 28906 (May 23, 2007).
\4\ 73 FR 34630 (June 18, 2008).
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II. Regulatory Review Program
The Commission periodically reviews all Commission rules and
guides. These reviews seek information about the costs and benefits of
the Commission's rules and guides and their 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 its Leather Guides; possible conflict
between the Guides and state, local, federal, or international laws;
and the effect of any technological, economic, environmental, or other
industry changes on the Guides.
III. Request for Comment
The Commission is particularly interested in comments and
supporting data on the following questions. These questions are
designed to assist the public and should not be construed as a
limitation on the issues on which public comment may be submitted. In
their replies to each of these questions, commenters should provide any
available evidence and data, such as empirical data, consumer
perception studies, or consumer complaints, that support the
commenter's asserted position.
(1) Is there a continuing need for the Leather Guides as currently
promulgated?
(2) Are any specific provisions of the Leather Guides no longer
necessary?
(3) Are the deceptive or unfair practices addressed by the Leather
Guides prevalent in the marketplace? Are the Guides effective in
addressing those practices?
(4) Are there deceptive or unfair practices in the selling of
leather or imitation leather products in other industries that are not
covered by the Leather Guides, such as automotive and furniture
upholstery products? If so, what is the extent of misrepresentations in
those industries? How do consumers interpret or perceive the appearance
of leather or simulated leather in those industries? Should the
Commission expand the Guides to cover these or other products? What
compliance costs would be imposed on these industries if the Commission
were to expand the Guides? Are there any special considerations for
those industries? Are there alternatives, such as individual
enforcement actions under the FTC Act, that would be more effective or
equally effective in addressing those practices?
(5) Have covered businesses adopted the Leather Guides as part of
their routine business practice? Have uncovered businesses adopted the
Leather Guides as part of their routine business practice? What is the
degree of compliance with the Guides? How, and what effect, if any,
does this have on the continuing need for the Guides? Do covered or
uncovered businesses self-regulate or have voluntary standards or
guidance, such as through trade associations, which overlap with the
Guides?
(6) What benefits, if any, have the Leather Guides provided to
consumers of the products affected by the Guides? Do the Guides impose
any significant costs on consumers?
(7) What impact, if any, have the Leather Guides had on the flow of
truthful or deceptive information to consumers?
(8) What changes, if any, should be made to the Leather Guides to
increase their benefits to consumers? How would these changes affect
consumer benefits or business costs?
(9) What burdens or costs, including costs of compliance, have the
Leather Guides imposed on covered businesses? What burdens or costs
have the Guides imposed on small businesses in particular? Have the
Guides provided benefits to businesses? If so, what benefits?
(10) What changes, if any, should be made to the Leather Guides to
reduce the burdens or costs imposed on businesses? How would these
changes affect consumer benefits or business costs?
(11) Do the Leather Guides overlap or conflict with federal, state,
or local laws or regulations? Do the Guides overlap or conflict with
any international laws or regulations?
(12) Have consumer perceptions changed since the Leather Guides
were issued and, if so, do these changes warrant revising the Guides?
(13) Since the Leather Guides were issued, what effects, if any,
have changes in relevant technological, economic, or environmental
conditions had on the need for or usefulness of the Guides?
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before April 22, 2019.
Write ``Leather Guides Review, P188014'' on your comment. Your
comment--including your name and your state--will be placed on the
public record of this proceeding at https://wwwregulations.gov.
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To ensure the Commission considers your online
comment, you must file it at http://www.regulations.gov by following
the instructions of that website.
If you file your comment on paper, write ``Leather Guides Review,
P188014'' on your comment and on the envelope, and mail it to the
following address: Federal Trade Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J), Washington, DC
20580; or deliver your comment to the following address: Federal Trade
Commission, Office of the Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610, Washington, DC 20024. If possible,
please submit your paper comment to the Commission by courier or
overnight service.
Because your comment will be placed on a publicly accessible
website at https://www.regulations.gov, you are
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solely responsible for making sure that your comment does not include
any sensitive personal information, such as your or anyone's Social
Security number; date of birth; driver's license number or other state
identification number or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for ensuring your comment does not include any
sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``[t]rade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided in
Section (f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2),
16 CFR 4.10(a)(2)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request, and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted publicly--as legally required by FTC Rule 4.9(b)--we cannot
redact or remove your comment from the www.regulations.gov website,
unless you submit a confidentiality request that meets the requirements
for such treatment under FTC Rule 4.9(c), and the General Counsel
grants that request.
Visit the FTC website to read this Notice and the news release
describing it. The FTC Act and other laws that the Commission
administers permit the collection of public comments to consider and
use in this proceeding as appropriate. The Commission will consider all
timely and responsive public comments that it receives on or before
April 22, 2019. For information on the Commission's privacy policy,
including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
By direction of the Commission.
April Tabor,
Acting Secretary.
[FR Doc. 2019-03970 Filed 3-5-19; 8:45 am]
BILLING CODE 6750-01-P