Trade Regulation Rule: Advertising and Labeling as to Size of Sleeping Bags

FEDERAL TRADE COMMISSION

16 CFR Part 400

Trade Regulation Rule: Advertising and Labeling as to Size of

Sleeping Bags

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 Regulation Rule entitled ``Advertising and Labeling as

to Size of Sleeping Bags'' (``Sleeping Bag Rule''), 16 CFR part 400.

The proceeding will address whether the Sleeping Bag 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repealed or remain in effect.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 400''

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 Sleeping Bag Rule, promulgated by the Commission on October 11,

1963, declares that it is an unfair method of competition and an unfair

or deceptive act or practice to use the ``cut size'' of the materials

from which a sleeping bag is made to describe the size of a sleeping

bag in advertising, labeling or marking unless:

(1) ``The dimensions of the cut size are accurate measurements of

the yard goods used in construction of the sleeping bags''; and

(2) ``Such `cut size' dimensions are accompanied by the words `cut

size' ''; and

(3) The reference to ``cut size'' is ``accompanied by a clear and

conspicuous disclosure of the length and width 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 Sleeping Bag Rule. 58 FR

21095. 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 relating to the Sleeping

Bag Rule. The commenter stated that there was a continuing need for the

rule to deter deceptive practices.

Prior to the request for comments, Commission staff conducted an

informal inquiry and inspected sleeping bags at several national chain

stores. This inquiry found no violations of the Rule on either the

sleeping bag packaging materials or the labels affixed to the product

itself. In fact, it appeared from [[Page 27241]] that limited inquiry

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 sleeping bags, and

appears to provide 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 Sleeping Bag Rule in

light of the apparent changes in industry practices and the existence

of laws in nearly all of the states that appear to mandate point-of-

sale disclosures similar to those 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 Sleeping Bag Rule.

Part C--Alternative Actions

The Commission is not aware of any feasible alternatives to either

repealing or retaining the Sleeping Bag 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 Sleeping Bag 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 sleeping bags 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 sleeping bags, eliminate or greatly lessen the need for the Sleeping

Bag 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 400

Advertising, Trade practices, Sleeping bags.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95-12580 Filed 5-22-95; 8:45 am]

BILLING CODE 6750-01-M