[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27242-27243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12579]
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FEDERAL TRADE COMMISSION
16 CFR Part 404
Trade Regulation Rule: Deceptive Advertising and Labeling as to
Size of Tablecloths and Related Products
AGENCY: Federal Trade Commission.
ACTION: Advance notice of proposed rulemaking (ANPR).
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SUMMARY: The Federal Trade Commission (``Commission'') proposes to
repeal its Trade Regulations Rule entitled ``Deceptive Advertising and
Labeling as to Size of Tablecloths and Related Products (``Tablecloth
Rule''), 16 CFR part 404. The proceeding will address whether the
Tablecloth Rule should be repealed or remain in effect. The Commission
is soliciting written comment, data and arguments concerning this
proposal.
DATES: Written comments must be submitted on or before June 22, 1995.
ADDRESSES: Written comments should be identified as ``16 CFR Part 404''
and sent to Secretary, Federal Trade Commission, 6th Street &
Pennsylvania Avenue NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
John A. Crowley, Esq., (202) 326-3280, Division of Service Industry
Practices, Bureau of Consumer Protection, Federal Trade Commission,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Part A--Background Information
This notice is published pursuant to Section 18 of the Federal
Trade Commission Act, 15 U.S.C. 57a et seq., 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 commerce
within the meaning of section 5(a)(1) of the FTC Act, 15 U.S.C.
45(a)(1).
The Tablecloth Rule, promulgated by the Commission on August 5,
1964, declares that in connection with the sale or offering for sale of
tablecloths and related products such as doilies, table mats, dresser
scarves, place mats, table runners, napkins and tea sets, any
representation of the cut size (that is, the dimensions of materials
used in the construction of such products) constitutes an unfair method
of competition and an unfair and deceptive act or practice unless:
(a) ``Such `cut size' dimensions are accompanied by the words `cut
size' ''; and
(b) ``The `cut size' is accompanied by a clear and conspicuous
disclosure of the dimensions of the finished products and by an
explanation that such dimensions constitute the finished size.''.
The Commission periodically reviews the rules and guides it has
promulgated, seeking information about the costs and benefits of such
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. Pursuant to its review
schedule, on April 19, 1993, the Commission published in the Federal
Register a request for public comments on the Tablecloth Rule. 58 FR
21124. The Commission asked commenters to address questions relating to
the costs and benefits of the rule, the burdens it imposes, and the
basis for assessing whether it should be retained, or amended.
The Commission received only one comment specifically addressing
this rule along with a general comment referring to several rules under
review. The comment specific to this rule was submitted by a trade
group representing the textile rental, linen supply, uniform rental,
dust control and commercial laundry services industries. In its one-
page comment letter, the association stated there is a continuing need
for this rule. The commenter believes that the rule does not impose any
additional costs or burdens on entities subject to the rule and that
the rule raises the level of professionalism in the industry.
In addition, one general comment, applicable to several rules being
reviewed, was received from an advertising agency association. This
organization recommends rescission of the Tablecloth Rule because the
general prohibitions covering false and deceptive advertising apply to
the industry and thus the rule creates unnecessary administrative costs
for the government, industry members and consumers. The advertising
association did not submit any analysis or data relating to the
imposition of unnecessary administrative costs on affected industry
members, government or consumers.
Prior to the request for comments, Commission staff engaged in an
informal review of industry practices by examining the marking of
dimensions on tablecloths and other items subject to the rule available
for retail sale at several national chain stores. This informal review
revealed no instances of rule violations. In fact, it appeared from
that limited review that industry products were marked with only the
finished size. Additionally, the Commission has no record of receiving
any complaints regarding non-compliance with the rule, or of initiating
any law enforcement actions alleging violations of the rule's
requirements. Finally, the Uniform Packaging and Labeling Regulation,
which has been adopted by 47 states, regulates the labeling of
tablecloths, providing that these items must be labeled with their
finished size.
Part B--Objectives
Based on the review described above, the Commission has determined
that there may no longer be a need to continue the Tablecloth Rule in
light of the apparent changes in industry practices and the existence
of laws in [[Page 27243]] nearly all of the states mandating the point-
of-sale disclosure required by the rule. The objective of this notice
is to solicit comment on whether the Commission should initiate a
rulemaking proceeding to repeal the Tablecloth Rule.
Part C--Alternative Actions
The Commission is not aware of any feasible alternatives to either
repealing or retaining the Tablecloth Rule.
Part D--Request for Comments
Members of the public are invited to comment on any issues or
concerns they believe are relevant or appropriate to the Commission's
review of the Tablecloth Rule. Comments submitted during the regulatory
review proceeding described above will be made part of the record, and
need not be resubmitted. A comment that includes the reasoning or basis
for a proposition will likely be more persuasive than a comment without
supporting information. The Commission requests that factual data upon
which the comments are based be submitted with the comments. In this
section, the Commission identifies a number of issues on which it
solicits public comment. The identification of issues is designed to
assist the public to comment on relevant matters and should not be
construed as a limitation on the issues on which public comment may be
submitted.
Questions
(1) Do manufacturers and sellers of tablecloths currently use ``cut
size'' as a means of marking the size of their products for sale at
retail to consumers?
(2) Does the fact that nearly all of the states have adopted the
Uniform Packaging and Labeling Regulation, which governs the labeling
of tablecloths, eliminate or greatly lessen the need for the Tablecloth
Rule?
(3) What are the benefits to consumers from the rule?
(4) What are the costs to industry imposed by the rule?
(5) Is there a continuing need for the rule or should the rule be
repealed?
Authority: Sec. 18(d)(2)(B) of the Federal Trade Commission Act,
15 U.S.C. 57a(d)(2)(B).
List of Subjects in 16 CFR Part 404
Advertising, Trade practices, Tablecloths.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-12579 Filed 5-22-95; 8:45 am]
BILLING CODE 6750-01-M
