[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Rules and Regulations]
[Page 40453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19545]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 60, No. 153 / Wednesday, August 9, 1995 /
Rules and Regulations
[[Page 40453]]
FEDERAL TRADE COMMISSION
16 CFR Part 252
Guides for Labeling, Advertising, and Sale of Wigs and Other
Hairpieces
AGENCY: Federal Trade Commission.
ACTION: Rescission of the Guides for Labeling, Advertising, and Sale of
Wigs and Other Hairpieces.
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SUMMARY: The Federal Trade Commission (the ``Commission''), as part of
its periodic review of all its guides and rules, announces that it has
concluded a review of its Guides for Labeling, Advertising, and Sale of
Wigs and Other Hairpieces (``Guides'' or ``Wig Guides''). The
Commission has decided to rescind the Guides.
EFFECTIVE DATE: August 9, 1995.
FOR FURTHER INFORMATION CONTACT:
Ann Stahl Guler, Investigator, Federal Trade Commission, Los Angeles
Regional Office, 11000 Wilshire Blvd., Suite 13209, Los Angeles, CA
90024, (310) 235-7890.
SUPPLEMENTARY INFORMATION:
I. Background
The Wig Guides were issued by the Commission in 1970.\1\ The Guides
concerned representations and disclosures in the advertising and
labeling of hairpieces for women and men, including wigs, falls,
chignons, and toupees. On April 15, 1994, the Commission published a
Notice in the Federal Register soliciting comment on the Guides.\2\
Specifically, the Commission solicited comments on the costs and
benefits of the Guides and their regulatory and economic effect. The
comment period closed June 14, 1994. The Commission received two
comments in response to the Notice. They are discussed in Part II
below.
\1\ Industry 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. 16 CFR
1.5.
\2\ 59 FR 18005.
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II. Comments Received
The Commission received comments from one organization, the
American Hair Loss Council (AHLC), and one individual, Johanna Ehmann,
RN. Ms. Ehmann's comment did not refer to the Guides, but provided
copies of a booklet entitled Hair Loss and Cancer Therapy to aid the
Commission in its review of the Guides.
The AHLC supported retention of the Guides. It also proposed
expanding the Guides to encompass ``Hair Addition System,'' such as
hair implants.
III. Conclusion
The Commission has concluded its regulatory review of the Guides
for Labeling, Advertising, and Sale of Wigs and Other Hairpieces by
rescinding the Guides. The Commission based its decision on the fact
that existing statutes adequately address the consumer protection
issues that originally gave rise to the Guides.
Section 252.3 of the Guides stated that the foreign origin of all
imported industry products must be disclosed on labels and in
advertising. The Tariff Act requires that all wigs and other
hairpieces, whether made from human, animal, or synthetic hair, be
labeled as to country of origin.\3\
\3\ 19 U.S.C. Sec. 1304; Tariffs 6703, 6704, Harmonized Tariff
Schedule of the United States (1995).
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Section 252.4 of the Guides, providing that highly flammable wigs
and related products should not be sold in the United States, has been
superseded by statutory changes. Two years after the Wig Guides were
issued, Congress transferred enforcement of the Flammable Fabrics Act
to the newly-created Consumer Product Safety Commission.\4\
\4\ 15 U.S.C. Sec. 2079(b).
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Section 252.2 stated that labels and advertising should disclose
whether hair is composed of human or artificial hair (or a combination
of both); Section 252.6 said that used industry products should be
labeled as such. The remaining sections of the Guides delineated
specific misrepresentations as to styling characteristics,\5\ as well
as general misrepresentations;\6\ limited designations of hair such as
``natural'' and ``genuine'' to human hair;\7\ and provided definitions
of ``handmade,'' \8\ ``custom-made'' and similar terms,\9\ ``custom-
colored'' and related terms,\10\ and ``virgin'' hair.\11\
\5\ 16 CFR Sec. 252.10.
\6\ 16 CFR Sec. 252.1.
\7\ 16 CFR Sec. 252.5.
\8\ 16 CFR Sec. 252.7.
\9\ 16 CFR Sec. 252.8.
\10\ 16 CFR Sec. 252.9.
\11\ 16 CFR Sec. 252.11.
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The United States now imports nearly all wigs sold domestically,
except for those produced by a few custom wig makers. The Commission is
not aware of any unique consumer protection issues currently associated
with the advertising or labeling of wigs and other hairpieces. The
comments submitted to the Commission demonstrated no continuing need by
the wig industry for special Commission guidance. If, in the future,
practices in the sale of wigs are determined to be materially
misleading and to cause consumer harm, the Commission can address such
practices under Section 5 of the Federal Trade Commission Act.\12\
\12\ Section 5 of the FTC Act, 15 U.S.C. Sec. 45(a)(1),
prohibits unfair or deceptive acts or practices in or affecting
commerce.
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List of Subjects in 16 CFR Part 252
Advertising, Cosmetics, Labeling, Trade practices, Wigs and
Hairpieces.
By direction of the Commission.
Donald S. Clark,
Secretary.
PART 252--[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 252.
[FR Doc. 95-19545 Filed 8-8-95; 8:45 am]
BILLING CODE 6750-01-M
