Guides for Labeling, Advertising, and Sale of Wigs and Other Hairpieces

SUMMARY: The Federal Trade Commission (the ``Commission''), as part of

its periodic review of all its guides and rules, announces that it has

concluded a review of its Guides for Labeling, Advertising, and Sale of

Wigs and Other Hairpieces (``Guides'' or ``Wig Guides''). The

Commission has decided to rescind the Guides.

EFFECTIVE DATE: August 9, 1995.

FOR FURTHER INFORMATION CONTACT:

Ann Stahl Guler, Investigator, Federal Trade Commission, Los Angeles

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

90024, (310) 235-7890.

SUPPLEMENTARY INFORMATION:

I. Background

The Wig Guides were issued by the Commission in 1970.\1\ The Guides

concerned representations and disclosures in the advertising and

labeling of hairpieces for women and men, including wigs, falls,

chignons, and toupees. On April 15, 1994, the Commission published a

Notice in the Federal Register soliciting comment on the Guides.\2\

Specifically, the Commission solicited comments on the costs and

benefits of the Guides and their regulatory and economic effect. The

comment period closed June 14, 1994. The Commission received two

comments in response to the Notice. They are discussed in Part II

below.

\1\ Industry guides 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.

\2\ 59 FR 18005.

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II. Comments Received

The Commission received comments from one organization, the

American Hair Loss Council (AHLC), and one individual, Johanna Ehmann,

RN. Ms. Ehmann's comment did not refer to the Guides, but provided

copies of a booklet entitled Hair Loss and Cancer Therapy to aid the

Commission in its review of the Guides.

The AHLC supported retention of the Guides. It also proposed

expanding the Guides to encompass ``Hair Addition System,'' such as

hair implants.

III. Conclusion

The Commission has concluded its regulatory review of the Guides

for Labeling, Advertising, and Sale of Wigs and Other Hairpieces by

rescinding the Guides. The Commission based its decision on the fact

that existing statutes adequately address the consumer protection

issues that originally gave rise to the Guides.

Section 252.3 of the Guides stated that the foreign origin of all

imported industry products must be disclosed on labels and in

advertising. The Tariff Act requires that all wigs and other

hairpieces, whether made from human, animal, or synthetic hair, be

labeled as to country of origin.\3\

\3\ 19 U.S.C. Sec. 1304; Tariffs 6703, 6704, Harmonized Tariff

Schedule of the United States (1995).

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Section 252.4 of the Guides, providing that highly flammable wigs

and related products should not be sold in the United States, has been

superseded by statutory changes. Two years after the Wig Guides were

issued, Congress transferred enforcement of the Flammable Fabrics Act

to the newly-created Consumer Product Safety Commission.\4\

\4\ 15 U.S.C. Sec. 2079(b).

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Section 252.2 stated that labels and advertising should disclose

whether hair is composed of human or artificial hair (or a combination

of both); Section 252.6 said that used industry products should be

labeled as such. The remaining sections of the Guides delineated

specific misrepresentations as to styling characteristics,\5\ as well

as general misrepresentations;\6\ limited designations of hair such as

``natural'' and ``genuine'' to human hair;\7\ and provided definitions

of ``handmade,'' \8\ ``custom-made'' and similar terms,\9\ ``custom-

colored'' and related terms,\10\ and ``virgin'' hair.\11\

\5\ 16 CFR Sec. 252.10.

\6\ 16 CFR Sec. 252.1.

\7\ 16 CFR Sec. 252.5.

\8\ 16 CFR Sec. 252.7.

\9\ 16 CFR Sec. 252.8.

\10\ 16 CFR Sec. 252.9.

\11\ 16 CFR Sec. 252.11.

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The United States now imports nearly all wigs sold domestically,

except for those produced by a few custom wig makers. The Commission is

not aware of any unique consumer protection issues currently associated

with the advertising or labeling of wigs and other hairpieces. The

comments submitted to the Commission demonstrated no continuing need by

the wig industry for special Commission guidance. If, in the future,

practices in the sale of wigs are determined to be materially

misleading and to cause consumer harm, the Commission can address such

practices under Section 5 of the Federal Trade Commission Act.\12\

\12\ Section 5 of the FTC Act, 15 U.S.C. Sec. 45(a)(1),

prohibits unfair or deceptive acts or practices in or affecting

commerce.

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List of Subjects in 16 CFR Part 252

Advertising, Cosmetics, Labeling, Trade practices, Wigs and

Hairpieces.

By direction of the Commission.

Donald S. Clark,

Secretary.

PART 252--[REMOVED]

The Commission, under authority of sections 5(a)(1) and 6(g) of the

Federal Trade Commission Act, 15 U.S.C. 45(a)(1) and 46(g), amends

chapter I of title 16 of the Code of Federal Regulations by removing

Part 252.

[FR Doc. 95-19545 Filed 8-8-95; 8:45 am]

BILLING CODE 6750-01-M