Request for Comments Concerning Guides for Labeling, Advertising, and Sale of Wigs and Other Hairpieces

FEDERAL TRADE COMMISSION

16 CFR Part 252

Request for Comments Concerning Guides for Labeling, Advertising,

and Sale of Wigs and Other Hairpieces

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 Guides for Labeling, Advertising, and

Sale of Wigs and Other Hairpieces (the ``Wig Guides''). The Commission

is also requesting comments about the overall costs and benefits of the

Wig Guides and their overall regulatory and economic impact as a part

of its systematic review of all current Commission regulations and

guides.

DATES: Written comments will be accepted until June 14, 1994.

ADDRESSES: Comments should be directed to: Secretary, Federal Trade

Commission, room H-159, Sixth and Pennsylvania Ave., NW., Washington,

DC 20580. Comments about the Wig Guides should be identified as ``16

CFR Part 252--Comment.''

FOR FURTHER INFORMATION CONTACT:

Ann M. Guler, Investigator, Federal Trade Commission, Los Angeles

Regional Office, suite 13209, 11000 Wilshire Blvd., Los Angeles, CA

90024, (310) 575-7890.

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 recision.

At this time, the Commission solicits written public comments

concerning the Commission's Guides for the Labeling, Advertising, and

Sale of Wigs and Other Hairpieces (16 CFR part 252).

The Wig Guides, like the 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. They provide the basis

for voluntary and simultaneous abandonment of unlawful practices by

members of industry.'' 16 CFR 1.5. Conduct inconsistent with the guides

may result in corrective action by the Commission under applicable

statutory provisions. The Commission promulgates industry guides ``when

it appears to the Commission that guidance as to the legal requirements

applicable to particular practices would be beneficial in the public

interest and would serve to bring about more widespread and equitable

observance of laws administered by the Commission.'' 16 CFR 1.6.

The Wig Guides concern representations and disclosures in the

advertising and labeling of hairpieces for women and men, including

wigs, falls, chignons, and toupees. Specifically, the Wig Guides

proscribe misrepresentations concerning the composition, quality,

durability, construction, weight, length, size, fit, color, set,

ability to accept a set or be reset, style, ease of styling,

maintenance, service, guarantee, origin, price, or any other feature of

a wig or other hairpiece. The Wig Guides also delineate the kinds of

disclosures that should be made in advertising and labeling relating to

hair composition, foreign origin, and used products. Guidance as to the

use of such terms as ``hair,'' ``natural hair,'' ``virgin'' hair,

``handmade,'' and ``custom-made'' are also included in the Wig Guides.

If the Commission elects to retain the Wig Guides after conducting

this review, it intends to update two sections in conformance with

statutory and policy changes that have occurred since the guides were

promulgated in 1970. Section 252.4, relating to flammability, would be

deleted from the Wig Guides because the U.S. Consumer Product Safety

Commission is now responsible for enforcement of the Flammable Fabrics

Act (15 U.S.C. 1191). The phrases ``capacity and tendency or effect of

deceiving'' in Section 252.1 and ``capacity to deceive'' in Section

252.10 would be changed to conform with the language regarding

deception that is set forth in Cliffdale Associates, Inc., 103 F.T.C.

110, 164-65 (1984) and subsequent cases.

Accordingly, the Commission solicits public comments on the

following questions:

1. Is there a continuing need for the guides?

a. What benefits have the guides provided to purchasers of the

products or services 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 subject to their requirements?

3. What significant burdens or costs, including costs of adherence,

have the guides imposed on firms subject to their requirements?

a. Have the guides provided benefits to such firms?

4. What changes, if any, should be made to the guides to reduce the

burdens or costs imposed on firms subject to their requirements?

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 relevant technology or economic conditions had on the guides?

Authority: 15 U.S.C. 41-58.

List of Subjects in 16 CFR Part 252

Advertising, Labeling, Wigs, Hairpieces.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 94-9134 Filed 4-14-94; 8:45 am]

BILLING CODE 6750-01-M