[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Rules and Regulations]
[Pages 29006-29009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13869]
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FEDERAL TRADE COMMISSION
16 CFR Part 423
Concerning Trade Regulation Rule on Care Labeling of Textile
Wearing Apparel and Certain Piece Goods; Conditional Exemption From
Terminology Section of the Care Labeling Rule
AGENCY: Federal Trade Commission.
ACTION: Final rule, with conditional exemption.
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SUMMARY: The Federal Trade Commission (the ``Commission'') has reviewed
the public comments on an interim conditional exemption to its Trade
Regulation Rule on Care Labeling of Textile Wearing Apparel and Certain
Piece Goods (``the Care Labeling Rule'' or ``the Rule'') and has
decided to make the conditional exemption final. The conditional
exemption will permit the use of the system of care symbols developed
by the American Society for Testing and Materials (``ASTM'') and
designated as ASTM Standard D5489-96c Guide to Care Symbols for Care
Instructions on Consumer Textile Products, in lieu of words on the
permanently attached care label, as long as explanatory information is
provided to consumers for the first 18-month period after the effective
date of the conditional exemption.
DATES: This conditional exemption is effective July 1, 1997. The
incorporation by reference of the ASTM standard is approved by the
Director of the Federal Register effective July 1, 1997.
ADDRESSES: Copies of this notice can be obtained through the Public
Reference Branch, Room 130, Federal Trade Commission, Washington, D.C.
20580; (202) 326-2222; or through the Commission's homepage on the
World Wide Web at http://www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Constance M. Vecellio or Edwin
Rodriguez, Attorneys, Federal Trade Commission, Washington, DC 20580,
(202) 326-2966 or (202) 326-3147.
SUPPLEMENTARY INFORMATION:
Introduction
On June 15, 1994, the Commission published a Federal Register
notice (``FRN'') requesting comment on various aspects of the Care
Labeling Rule, including whether the rule should be modified to permit
the use of symbols in lieu of words.1 On November 16, 1995,
the Commission published a FRN, 60 FR 57552, announcing that the
Commission had tentatively determined to adopt a proposed conditional
exemption to the Care Labeling Rule to permit the use of the system of
care symbols developed by ASTM and designated as ASTM Standard D5489
Guide to Care Symbols for Care Instructions on Consumer Textile
Products, with one exception and addition.2 The notice
sought additional comment on the specifics of the proposal.
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\1\ 59 FR 30733 (1994). This notice sought comment about the
overall costs and benefits of the Rule and its overall regulatory
and economic impact as part of the Commission's systematic review of
all its current rules and guides. This notice also sought comment on
certain other issues. With respect to the other issues, on December
28, 1995, the Commission published a notice, 60 FR 67102, seeking
comment on other parts of the Rule and other proposed changes. The
issues raised in the December 1995 notice will be addressed in a
separate FRN at a later time.
\2\ The exception and addition are no longer necessary because
ASTM has changed its standard.
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In particular, the November 1995 FRN stated that the Commission had
tentatively decided to allow the use of certain other modifications to
the system that ASTM was considering when the FRN was published. The
FRN described these possible changes, noted that they appeared to be
useful, and proposed adopting the ASTM system with those changes. These
changes were adopted by ASTM, and were reflected in the standard
designated ASTM Standard D5489-96a.3
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\3\ The version of ASTM Standard D5489 discussed in the November
1995 FRN was adopted by ASTM in 1993 and officially referred to as
ASTM Standard D5489-93. When ASTM changes a standard, the suffix is
changed to reflect the year of the revision. Thus, when Standard
D5489 was revised in early 1996, it was referred to as ASTM Standard
D5489-96a.
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Certain additional minor changes to the ASTM symbol system were
adopted by ASTM later in 1996 and are embodied in the final standard
designated ASTM Standard D5489-96c. In a FRN published on February 6,
1997, 62 FR 5724, the Commission announced that it had decided to adopt
the conditional exemption. Because some additional minor changes had
been made since the publication of the 1995 FRN, however, the
Commission decided to again allow comment on these minor
changes.4 The comment period ended on March 10, 1997.
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\4\ The conditional exemption references a specific version of
the standard. If ASTM changes the standard, the Commission will
determine whether it should seek comment on changing the conditional
exemption.
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II. Background
The Care Labeling Rule was promulgated by the Commission on
December 16, 1971, 36 FR 23883 (1971), and amended on May 20, 1983, 48
FR 22733 (1983). The Rule makes it an unfair or deceptive act or
practice for manufacturers and importers of textile wearing apparel and
certain piece goods to sell these items without attaching care labels
stating ``what regular care is needed for the ordinary use of the
product.'' 16 CFR 423.6 (a) and (b). The Rule also requires that the
manufacturer or importer possess, prior to sale, a reasonable basis for
the care instructions. 16 CFR 423.6(c).
The ``Terminology'' section of the rule, 16 CFR 423.2(b), currently
requires that care instructions be stated in ``appropriate terms,''
although it also states that ``any appropriate symbols may be used on
care labels or care
[[Page 29007]]
instructions, in addition to the required appropriate terms so long as
the terms fulfill the requirements of this regulation.'' (Emphasis
added.)
The 1994 FRN stated that the North American Free Trade Agreement
(``NAFTA'') ``has created industry interest in being permitted to use
symbols in lieu of words to provide care instructions, and the
Commission seeks comment on the costs and benefits of such a change.''
Based on the comments, the Commission published the 1995 FRN proposing
a conditional exemption to the ``Terminology'' section of the rule to
allow the use of care symbols without language.
The Commission examined two existing symbol systems--the system of
care symbols developed by the International Association for Textile
Care Labeling (``Ginetex'') and adopted by the International
Organization for Standardization (``ISO'') as International Standard
3758, and the system of care symbols developed by ASTM and designated
as ASTM Standard D5489-93--to identify which system conveys all or most
of the information required by the rule and meets other important
criteria.5 The Commission concluded that ASTM Standard D5489
provided symbols relating to the information required by the rule and
that it best met the needs of consumers and industry. The Commission
also concluded that the ASTM system was compatible with the care symbol
systems used in Canada and Mexico, and that any differences among the
symbol systems used in these countries did not pose insurmountable
problems.
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\5\ The ASTM and Ginetex systems use the same five basic
symbols: a washtub to indicate washing (with a hand in the washtub
to indicate hand washing), a triangle to indicate bleaching, a
square to indicate drying (and a circle within a square to indicate
machine drying), an iron to indicate ironing, and a circle to
indicate dry cleaning. An ``X'' cancelling out the symbol warns
against using the designated cleaning technique, e.g., ``do not dry
clean.'' The differences in the systems consist in the manner in
which refinements to the basic processes are conveyed (or are not
conveyed).
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The Commission determined that the use of ISO Standard 3758 was not
appropriate for the United States for three reasons. First, the ISO/
Ginetex system does not provide symbols for some of the basic
information required by the Rule and, therefore, cannot convey all the
information that the Commission has found to be necessary to prevent
the unfair and deceptive practices that the Rule was designed to
prevent.6 Second, the Ginetex system also assumes that
washing machines have internal mechanisms for heating water to a
precise temperature, and it links symbols for cool-down rinse, reduced
spin, and reduced mechanical action to precise temperature settings. In
addition, it includes only normal and low temperature ranges for tumble
drying. Both of these aspects of the Ginetex system are inconsistent
with the technology of laundry equipment used in the United States.
Finally, the Commission determined that Ginetex's assertion of
trademark rights relating to the ISO/Ginetex symbols weighed against
adoption of that system.
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\6\ The Commission noted that the ISO/Ginetex system has no
symbols for natural drying, the use of non-chlorine bleach, or the
use of steam in ironing, which are care practices addressed by the
Rule. The Commission also noted that the ISO/Ginetex system's symbol
for drycleaning does not address all the warnings required by the
Rule for dry cleaning. In the Ginetex system, an underlined circle
warns professional drycleaners generally about potential harm from
``mechanical action and/or drying temperature and/or water addition
in the solvent.'' But the ISO/Ginetex system does not have a method
for providing warnings about which specific parts of the dry
cleaning process should be avoided as required by Section
423.6(b)(2)(ii) of the Rule.
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III. Analysis of Comments
As noted, the February 1997 FRN sought comment on certain minor
changes made to the ASTM system.7 Four comments were
received. None of these commented on the changes that had been made to
the ASTM system.
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\7\ ASTM changed the ``do not bleach'' symbol from a shaded
triangle with an ``X'' through it to a blacked-in triangle with an
``X'' through it to make clear that no bleach, whether chlorine or
non-chlorine, should be used. It changed its explanatory chart by
deleting the water temperature word indicators (``cool,'' ``warm,''
or ``hot'') in the chart because these words have different
definitions in different countries. ASTM also changed the definition
of ``one dot'' from the definition in the Appendix to the Care
Labeling Rule (a maximum of 85 Fahrenheit, with no minimum) to a
range from 65 to 85 degrees Fahrenheit to educate consumers that
detergents ``are not effective at lower temperatures.''
Other changes clarified that the symbols used in the Canadian
system of care symbols for a washtub and an iron are acceptable
although they differ slightly in shape from the ASTM symbols and
that instructions for ``permanent press'' or ``gentle cycle'' may be
reported in symbols (i.e., underlining the washtub) or words on a
label with the symbolic instructions for machine wash or machine
dry. ASTM also removed the steam markings from the iron symbol,
clarified that the iron symbol may mean ``Iron--dry or steam,'' and
created a symbol (an iron symbol with steam markings that have been
canceled out by an ``X'') that can be used for the warning ``do not
steam.'' Finally, ASTM added a statement to the text of the Standard
explaining that ``the iron symbol may be used with the drycleaning
symbol to report how to restore the item by ironing after wearing.''
ASTM also made changes in the Standard that are not an integral
part of the symbol system (e.g., the Table of Additional Words to
Use with Care Symbols) or that involve additions to the explanatory
text of the Standard or the text appearing under the symbols in the
explanatory chart. In addition, one change relates to the order in
which the symbols should be used. This change is not relevant to the
use of the ASTM system to fulfill the requirements of the Care
Labeling Rule because the Rule does not require that instructions
appear in any particular order (though of course they must be
intelligible).
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International Harmonization
All four comments focused on the need for international
harmonization. The American Apparel Manufacturers Association
(``AAMA'') complimented the Commission on moving to symbols and noted
that ``we now have a basis to harmonize our system with that of Canada
and Mexico'' and to ``work toward an international standard within the
International Standards Organization.'' 8 Similarly, the
American Textile Manufacturers Institute (``ATMI'') supported the
amendment and stated that it ``would like to see international
harmonization.'' 9 FEDERTESSILE, the Italian Federation of
Associations of Textile and Clothing Industries, also stressed the need
for harmonization with the ISO/Ginetex system, and suggested that ``a
joint committee be formed, possibly with the participation of
representatives of ISO, ASTM, EURATEX, AAMA, and ATMI, in order to
reach a prompt consensus on the harmonization of the international
symbol system.'' 10 The Association of Home Appliance
Manufacturers (``AHAM'') stated that the Commission needs ``to resolve
potential trademark infringement issues that arise where U.S.-
manufactured products are exported for sale in a Ginetex country.''
11
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\8\ Comment 2, p.1.
\9\ Comment 1, p.1.
\10\ Comment 3, p.1.
\11\ Comment 4, p.6.
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The Commission agrees that harmonization of the symbol system
adopted in the United States with the system used in Europe is very
important. The Commission is aware that representatives of ASTM and
Ginetex have been discussing harmonization of the two systems, and a
Commission representative has attended ISO and Ginetex meetings. The
Commission intends to continue its liaison efforts with Ginetex and ISO
to promote harmonization.
Need for Consumer Education
AHAM, while not opposing the conditional exemption, expressed
concern that the conditional exemption would have ``an adverse
regulatory impact on consumers, appliance manufacturers, and others
without an equal corresponding benefit.'' It noted that consumers will
have to learn the symbols and appliance manufacturers may have to
answer inquiries from consumers about the symbols.12 AHAM
[[Page 29008]]
therefore emphasized the need for an adequate consumer education
program, and stated that ``the garment manufacturers, with the aid of
other interested parties, must be prepared to implement a consumer
education plan by July 1, 1997.'' 13 AHAM conditioned its
willingness to participate in a consumer education campaign ``on
consumer education leadership from the garment manufacturers.''
14
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\12\ Id. at 1.
\13\ Id. at 2.
\14\ Id. at 3.
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The Commission agrees that a comprehensive consumer education
campaign is necessary to help consumers make the transition from words
to symbols. On January 28, 1997 the Commission launched Project CLEAN
(Care Labeling Education & Awareness Network) with a forum that was
attended by a large number of garment manufacturers, retailers, and
other interested parties, including representatives from AHAM. The
Commission is currently coordinating consumer education efforts on the
part of those who attended. The Commission is planning a press
conference on July 1, 1997 to announce the extensive consumer education
efforts that will be occurring.
Finally, AHAM noted that the consumer education campaign for
symbols presents a good opportunity to educate consumers about the
temperature of water delivered to washing machines in North America.
Most washing machines in North America, unlike European machines which
have internal water heaters, ``cannot guarantee delivery of specific
water temperatures at specified machine settings due to variables such
as geographical climate variations, water heater settings, and hot
water line loss. The American consumer must be educated to adjust the
machine setting where these variables dictate adjustment * * *.''
15 AHAM suggested including information on this issue in
educational materials about care symbols. The Commission agrees that
the consumer education campaign for care symbols provides an
opportunity to educate consumers about water temperature in washing
machines, and has included a statement explaining the various factors
that can affect water temperature in the materials it is developing for
the campaign.
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\15\ Id. at 6.
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IV. Summary of Commission's Decision
Section 18(g)(2) of the Federal Trade Commission Act, 15 U.S.C.
57a(d)(2)(B), provides that ``[i]f . . . the Commission finds that the
application of a rule prescribed under subsection (a)(1)(B) to any
person or class of persons is not necessary to prevent the unfair or
deceptive act or practice to which the rule relates, the Commission may
exempt such person or class from all or part of such rule.'' The
Commission now finds that the provision presently found in the
Terminology section of the Care Labeling Rule, that appropriate care
symbols may be used on care labels or care instructions only in
addition to the required appropriate terms, is not necessary to prevent
the unfair or deceptive act or practice to which the rule relates.
Specifically, the Commission exempts manufacturers and importers of
textile wearing apparel who use the system of care symbols designated
ASTM Standard D5489-96c from the requirement that care instructions in
words accompany care instructions in symbols. The Commission has not
specified a type size for the symbols, but they must be legible. The
exemption is adopted on the condition that, from July 1, 1997 to
December 31, 1998, explanatory information regarding the meaning of the
care symbols that appear on the label of a garment be provided with any
garment offered for sale. To implement this conditional exemption, the
Commission revises Sections 423.2 and 423.8, the Terminology and
Exemptions sections of the rule, respectively.
The incorporation by reference of ASTM Standard D5489-96c was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of ASTM Standard D5489-96c
Guide to Care Symbols for Care Instructions on Consumer Textile
Products may be obtained from the American Society for Testing and
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or may
be inspected at the Federal Trade Commission, room 130, 600
Pennsylvania Avenue, N.W., Washington, DC, or at the Office of the
Federal Register, suite 700, 800 North Capitol Street, N.W.,
Washington, DC.
Pursuant to the requirements of section 18(g) of the Federal Trade
Commission Act, 15 U.S.C. 57a(g), and the provisions of the
Administrative Procedure Act, 5 U.S.C. 553(b), the Commission published
notices requesting comment on the proposed conditional exemption on
June 15, 1994 (59 FR 30733) and November 16, 1995 (60 FR 57552). This
conditional exemption is not subject to the requirements of the
Paperwork Reduction Act, 44 U.S.C. 3501, because the conditional
exemption does not create requirements for information collection;
rather, it provides an alternative method of communicating information.
The Regulatory Flexibility Act, 44 U.S.C. 601(2), does not apply to
this conditional exemption because, pursuant to section 18(d)(2)(B) of
the Federal Trade Commission Act, 15 U.S.C. 57a(d)(2)(B), an exemption
to a rule under section 18(g) of the Federal Trade Commission Act, 15
U.S.C. 57(a)(g), shall not be treated as an amendment or repeal of a
rule. The conditional exemption will become effective on July 1, 1997.
List of Subjects in 16 CFR Part 423
Labeling; Incorporation by reference; Textiles; Trade practices.
Text of Amendments
Accordingly, the Commission amends 16 CFR Part 423 as follows:
PART 423--[AMENDED]
1. The authority citation for part 423 continues to read as
follows:
Authority: 38 Stat. 717, as amended; (15 U.S.C. 41, et seq.)
2. Section 423.2 is amended by revising paragraph (b) to read as
follows:
Sec. 423.2 Terminology.
* * * * *
(b) Any appropriate symbols may be used on care labels or care
instructions, in addition to the required appropriate terms so long as
the terms fulfill the requirements of this part. See Sec. 423.8(g) for
conditional exemption allowing the use of symbols without terms.
* * * * *
3. Section 423.8 is amended by revising paragraph (g) to read as
follows:
Sec. 423.8 Exemptions.
* * * * *
(g) The symbol system developed by the American Society for Testing
and Materials (ASTM) and designated as ASTM Standard D5489-96c Guide to
Care Symbols for Care Instructions on Consumer Textile Products may be
used on care labels or care instructions in lieu of terms so long as
the symbols fulfill the requirements of this part. In addition, symbols
from the symbol system designated as ASTM Standard D5489-96c may be
combined with terms so long as the symbols and terms used fulfill the
requirements of this part. Provided, however, that for the 18-month
period beginning on July 1, 1997, such symbols may be used on care
labels in lieu of terms only if an explanation of the meaning of the
symbols used on the care label in terms is attached to, or provided
with, the item of textile wearing apparel. This incorporation by
reference was
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approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of ASTM Standard D5489-96c
Guide to Care Symbols for Care Instructions on Consumer Textile
Products may be obtained from the American Society for Testing and
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or may
be inspected at the Federal Trade Commission, room 130, 600
Pennsylvania Avenue, NW., Washington, DC, or at the Office of the
Federal Register, suite 700, 800 North Capitol Street, NW., Washington,
DC.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 97-13869 Filed 5-28-97; 8:45 am]
BILLING CODE 6750-01-P