[Federal Register: April 9, 1998 (Volume 63, Number 68)] [Proposed Rules] [Page 17348-17349] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09ap98-24] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION 16 CFR Part 235 Guides Against Deceptive Labeling and Advertising of Adhesive Compositions AGENCY: Federal Trade Commission. ACTION: Request for public comments. ----------------------------------------------------------------------- SUMMARY: The Federal Trade Commission (``Commission'') requests public comments about the overall costs and benefits and the continuing need for its Guides Against Deceptive Labeling and Advertising of Adhesive Compositions (``Adhesive Compositions Guides'' or ``the Guides''), as part of the Commission's systematic review of all current Commission regulations and guides. DATES: Written comments will be accepted until June 8, 1998. ADDRESSES: Comments should be directed to: Secretary, Federal Trade Commission, Room H-159, Sixth Street and Pennsylvania Ave., N.W., Washington, D.C. 20580. Comments should be identified as ``Adhesive Compositions Guides, 16 CFR Part 235--Comment.'' E-mail comments will be accepted at [adhesives@ftc.gov]. Those who comment by e-mail should give a mailing address to which an acknowledgment can be sent. FOR FURTHER INFORMATION CONTACT: Erika Wodinsky, Attorney, San Francisco Regional Office, Federal Trade Commission, 901 Market Street, Suite 570, San Francisco, CA 94103, telephone number (415) 356-5270, E-mail [ewodinsky@ftc.gov]. SUPPLEMENTARY INFORMATION: I. Adhesive Composition Guides The Commission promulgated the Adhesive Compositions Guides in 1967, 32 FR 15538 (Nov. 8, 1967), pursuant to section 5 of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 45.\1\ --------------------------------------------------------------------------- \1\ Section 5 of the FTC Act declares unfair methods of competition and unfair or deceptive acts or practices to be unlawful. --------------------------------------------------------------------------- These Guides, like other industry guides issued by the Commission, ``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. Conduct inconsistent with the Guides may result in corrective action by the Commission under applicable statutory provisions. The Guides contain eight parts. Guide 1 advises against representing that an adhesive product is composed of metal or a particular metal, or has the same intrinsic characteristics of that metal, if the product does not, after application, have the same physical and chemical properties as that metal. It also specifically advises against, with certain exceptions, the use of the terms ``metal,'' ``iron,'' ``steel,'' ``aluminum,'' or other names of metals to designate brand names of products that do not have the same chemical or physical properties as the specified metal. Guide 2 advises against the use of the terms ``solder'' or ``weld'' to describe a product that does not form a metallic seal or bond, unless clear disclosure is made that the product is nonmetallic. Guide 3 addresses the use of the term ``porcelain,'' and advises against the use of the name in connection with products which do not possess all of the chemical and physical properties of porcelain. Guide 4 applies to representations about epoxy adhesives. It counsels against the use of representations that a product is an epoxy adhesive unless the product is derived from specified chemical substances, and, when applied in use, reacts with a hardening agent to form an infusible and insoluble bond. Guide 5 addresses the use of the word ``rubber,'' and advises against the use of that term in connection with products that do not possess the essential characteristics of rubber. Guide 6 is a general, overall statement about what types of claims for adhesive products will be viewed as deceptive in advertising or labeling. In particular, it addresses the use of representations about the types of adhesive products specified in the Guides that are likely to mislead or deceive purchasers about the nature, composition, capabilities, durability, hardness, adhesive strength, lasting effect, thermal or electrical properties, or resistance to deterioration of the product. It specifically advises against making claims that a product will seal or mend ``anything'' when there are materials that it cannot seal or mend, or that a product will effect a ``permanent'' repair, when the repair will not last as long as the product. Guide 7 addresses representations that a product is ``guaranteed,'' without a clear and conspicuous disclosure of the extent of the guarantee, any material conditions or limitations imposed by the guarantor, the manner in which the guarantor will perform thereunder, and the identity of the guarantor. Finally, Guide 8 advises against manufacturers and distributors providing others with promotional materials through which such persons may deceive consumers with respect to adhesive products. II. Regulatory Review Program The Commission has determined, as part of its oversight responsibilities, to review rules and guides periodically. These reviews seek information about the costs and benefits of the Commission's 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. Therefore, the Commission solicits comments on, among other things, the economic impact of and the continuing need for the Adhesive Compositions Guides; possible conflict between the Guides and state, local, or other federal laws; and the effect on the Guides of any technological, economic, or other industry changes. [[Page 17349]] III. Request for Comment The Commission solicits written public comments on the following questions: (1) Is there a continuing need for the Adhesive Compositions Guides? (a) what benefits have the Guides provided to purchasers of the products affected by the Guides? (b) Have the Guides imposed costs on purchasers? (2) What changes, if any, should be made to the Guides to increase the benefits of the Guides to purchasers? (a) How would these changes affect the costs the Guides impose on firms adhering to their advice? How would these changes affect the benefits to purchasers? (3) What significant burdens or costs, including costs of compliance, have the Guides imposed on firms adhering to their advice? (a) Have the Guides provided benefits to such firms? If so, what benefits? (4) What changes, if any, should be made to the Guides to reduce the burdens or costs imposed on firms adhering to their advice? (a) How would these changes affect the benefits provided by the Guides? (5) Do the Guides overlap or conflict with other federal, state, or local laws or regulations? (6) Since the Guides were issued, what effects, if any, have changes in the global marketplace, relevant technology (such as the Internet, e-mail, or CD ROM advertising), or economic conditions had on the Guides? If so, in what manner? Does use of these changed conditions, or this new technology affect consumers' rights or sellers' responsibilities under the Guides? (7) Are any portions of the Guides outdated or otherwise no longer relevant in this industry? If yes, why? (8) Are there industry standards covering any of the issued addressed by the Guides? If yes, what are they? List of Subjects in 16 CFR Part 235 Advertising, Adhesives, Labeling, Trade practices. Authority: 15 U.S.C. 41-58. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 98-9356 Filed 4-8-98; 8:45 am] BILLING CODE 6750-01-M