[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15725-15726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7467]
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FEDERAL TRADE COMMISSION
16 CFR Part 405
Request for Comments Concerning Rule on Misbranding and Deception
as to Leather Content of Waist Belts
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (the ``Commission'') is
requesting public comments on its Rule on Misbranding and Deception as
to Leather Content of Waist Belts (``the Leather Belt Rule'' or ``the
Rule''). The Commission is also requesting comments about the overall
costs and benefits of the Rule and its overall regulatory and economic
impact as a part of its systematic review of all current Commission
regulations and guides. All interested persons are hereby given notice
of the opportunity to submit written comments.
DATES: Written comments will be accepted until May 26, 1995.
ADDRESSES: Comments should be directed to: Secretary, Federal Trade
Commission, Room H-159, Sixth and Pennsylvania Ave., NW., Washington,
DC 20580. Comments about the Leather Belt Rule should be identified as
``16 CFR Part 405--Comment.''
FOR FURTHER INFORMATION CONTACT:
Russell Deitch, Attorney, Federal Trade Commission, Los Angeles
Regional Office, 11000 Wilshire Boulevard, Suite 13209, Los Angeles, CA
90024, (310) 235-7890.
[[Page 15726]] SUPPLEMENTARY INFORMATION: The Commission has
determined, as part of its oversight responsibilities, to review rules
and guides periodically. These reviews will seek information about the
costs and benefits of the Commission's rules and guides and their
regulatory and economic impact. The information obtained will assist
the Commission in identifying rules and guides that warrant
modification or rescission.
If the Commission elects to retain the Leather Belt Rule after
conducting this review, it intends to update certain terms to reflect
statutory and policy changes that have occurred since the Leather Belt
Rule was originally promulgated. The term ``in commerce'' in 16 CFR
405.1(a) and 405.4 will be changed to ``in or affecting commerce'' in
conformance with the amended language of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45). The phrase ``capacity and tendency to
mislead and deceive'' in 16 CFR 405.2(b) will be changed to conform
with the language regarding deception that is set forth in Cliffdale
Associates, Inc., 103 F.T.C. 110 (1984) and subsequent cases. Finally,
the language that ``it constitutes an unfair method of competition and
an unfair and deceptive act or practice'' in 16 CFR 405.4 will also be
revised to conform with the standard language for consumer protection
rules.
A. Background
The Leather Belt Rule was promulgated by the Commission on June 27,
1964. It applies to the sale or offering for sale of men's and boy's
belts, and women's and children's belts when not offered for sale as
part of a garment. The Rule makes it an unfair method of competition
and an unfair and deceptive act or practice to misrepresent a belt's
leather content or the type of animal hide or skin from which the belt
is made. for example, it is a violation of the Rule to label a belt as
leather when it is not made from the hide or skin of an animal.
The Leather Belt Rule also prohibits the sale or distribution of
belts without adequate disclosures as to their leather content or type
of animal hide or skin if the appearance of the product would deceive
consumers. For example, it is a violation of the Rule to sell a belt
which has the appearance of leather, but which is made of synthetic
materials, unless a disclosure is made on the product or on a tag or
label affixed to the product which states that the belt is not leather.
B. Issues for Comment
At this time, the Commission solicits written public comments on
the following questions:
(1) Is there a continuing need for the Rule?
(a) What benefits has the Rule provided to purchasers of the
products or services affected by the Rule?
(b) Has the Rule imposed costs on purchasers?
(2) What changes, if any, should be made to the rule to increase
the benefits of the Rule to purchasers?
(a) How would these changes affect the costs the Rule imposes on
firms subject to its requirements?
(3) What significant burdens or costs, including costs of
compliance, has the Rule imposed on firms subject to its requirements?
(a) Has the Rule provided benefits to such firms?
(4) What changes, if any, should be made to the Rule to reduce the
burdens or costs imposed on firms subject to its requirements?
(a) How would these changes effect the benefits provided by the
Rule?
(5) Does the Rule overlap or conflict with other federal, state, or
local laws or regulations?
(6) Since the Rule was issued, what effects, it any, have changes
in relevant technology or economic conditions had on the Rule?
List of Subjects in 16 CFR Part 405
Leather content of belts; Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-7467 Filed 3-24-95; 8:45 am]
BILLING CODE 6750-01-M
