Trade Regulation Rule Concerning the Failure To Disclose the Lethal Effects of Inhaling Quick-Freeze Aerosol Spray Products Used for Frosting Cocktail Glasses

FEDERAL TRADE COMMISSION

16 CFR Part 417

Trade Regulation Rule Concerning the Failure To Disclose the

Lethal Effects of Inhaling Quick-Freeze Aerosol Spray Products Used for

Frosting Cocktail Glasses

AGENCY: Federal Trade Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Federal Trade Commission (the ``Commission'') proposes to

commence a rulemaking proceeding to repeal its Trade Regulation Rule

entitled ``Failure to Disclose the Lethal Effects of Inhaling Quick-

Freeze Aerosol Spray Products Used for Frosting Cocktail Glasses''

(``Quick-Freeze Spray Rule''), 16 CFR part 417. The proceeding will

address whether the Quick-Freeze Spray Rule should be repealed or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 417''

and sent to Secretary, Federal Trade Commission, Room 159, Sixth Street

and Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Lemuel W. Dowdy or George Brent Mickum IV, Attorneys, Federal Trade

Commission, Division of Enforcement, Bureau of Consumer Protection,

Washington, DC 20580, (202) 326-2981 or (202) 326-3132.

SUPPLEMENTARY INFORMATION:

Part A--Background Information

This notice is being published pursuant to Section 18 of the

Federal Trade Commission (``FTC'') Act, 15 U.S.C. 57a et seq., the

provisions of part 1, subpart B of 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.

The Quick-Freeze Spray Rule requires a clear and conspicuous

warning on aerosol spray products used for frosting beverage glasses.

The warning states that the contents should not be inhaled in

concentrated form and that doing so may cause injury or death. Glass

frosting products contain a compound known as Fluorocarbon 12

(dichlorodifluoromethane), which is also the principal ingredient used

in coolants for automobile air conditioners and refrigerators.

The Rule was promulgated on February 20, 1969 (34 FR 2417 (1969)).

The Statement of Basis and Purpose for the Rule stated that, although

the product is not harmful when used as directed, there had been

several instances where the intentional misuse of this product by

inhaling its vapors resulted in death. Consequently, the Commission

concluded that it was in the public interest to caution purchasers who

may not otherwise be aware of the lethal effects of inhaling the

product.

On October 25, 1989, the Commission published a notice in the

Federal Register soliciting public comments on the Rule's impact on

small entities. (54 FR 43435). No comments were received in response to

the notice. The Commission determined, however, that a small amount of

quick freeze aerosol products were still available for sale. Therefore,

the Commission determined that because the Rule's safety warnings, if

followed, could prevent physical harm and loss of life, the Rule should

be retained.

Part B--Objectives

As part of its continuing review of its trade regulation rules to

determine their current effectiveness and impact, the Commission

recently obtained information bearing on the need for this Rule.\1\

Based on this review, the Commission has determined that glass frosting

products are no longer produced and that they are precluded by the

Clean Air Act from being reintroduced into the market place.\2\ The

objective of this notice is to solicit comment on whether the

Commission should initiate a rulemaking proceeding to repeal the Quick-

Freeze Spray Rule.

\1\ In a memorandum to all federal departments and agencies

dated March 4, 1995, the President requested all agencies to review

their regulations and to initiate proceedings to eliminate those

they determined were obsolete or unnecessary. In 1992, the

Commission adopted a plan to review all its rules and guides at

least once during a ten-year period. In response to the President's

request, the Commission accelerated its scheduled review of certain

rules to identify any that might be appropriate candidates for

repeal or amendment. For example, under the ten-year plan, the

Quick-Freeze Rule was scheduled for review in 1999, ten years after

its last review.

\2\ 42 U.S.C. 7401, 7671i. Regulations promulgated by the

Environmental Protection Agency implementing the Clean Air Act ban

chlorofluorocarbons in aerosols and foams for non-essential uses. 40

CFR 82.64. The ban, which includes fluorocarbon 12, became effective

on January 17, 1994.

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Part C--Alternative Actions

The Commission is not aware of any feasible alternatives to

repealing the Quick-Freeze Spray 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 Quick-Freeze Spray Rule. The Commission requests that

factual data upon which the comments are based be submitted with the

comments. In this section, the Commission identifies the issues on

which it solicits public comment. The identification of issues is

designed to [[Page 27245]] assist the public and should not be

construed as a limitation on the issues on which public comment may be

submitted.

Questions

(1) Is any manufacturer currently manufacturing quick-freeze spray

products?

(2) Is any individual or business entity currently marketing quick-

freeze spray products?

(3) Do any retail stores or suppliers still maintain stocks of

quick-freeze spray products for resale?

(4) What benefits do consumers derive from the Rule?

(5) Does regulation of this product by the Environmental Protection

Agency render the Rule unnecessary?

(6) Should the Rule be kept in effect or should it be repealed?

Authority: Section 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 417

Quick-freeze aerosol spray, Trade practices.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95-12582 Filed 5-22-95; 8:45 am]

BILLING CODE 6750-01-M