Request for Comments Concerning Rule on Misbranding and Deception as to Leather Content of Waist Belts

FEDERAL TRADE COMMISSION

16 CFR Part 405

Request for Comments Concerning Rule on Misbranding and Deception

as to Leather Content of Waist Belts

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 Rule on Misbranding and Deception as

to Leather Content of Waist Belts (``the Leather Belt Rule'' or ``the

Rule''). The Commission is also requesting comments about the overall

costs and benefits of the Rule and its overall regulatory and economic

impact as a part of its systematic review of all current Commission

regulations and guides. All interested persons are hereby given notice

of the opportunity to submit written comments.

DATES: Written comments will be accepted until May 26, 1995.

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

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

DC 20580. Comments about the Leather Belt Rule should be identified as

``16 CFR Part 405--Comment.''

FOR FURTHER INFORMATION CONTACT:

Russell Deitch, Attorney, Federal Trade Commission, Los Angeles

Regional Office, 11000 Wilshire Boulevard, Suite 13209, Los Angeles, CA

90024, (310) 235-7890.

[[Page 15726]] 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 rescission.

If the Commission elects to retain the Leather Belt Rule after

conducting this review, it intends to update certain terms to reflect

statutory and policy changes that have occurred since the Leather Belt

Rule was originally promulgated. The term ``in commerce'' in 16 CFR

405.1(a) and 405.4 will be changed to ``in or affecting commerce'' in

conformance with the amended language of section 5 of the Federal Trade

Commission Act (15 U.S.C. 45). The phrase ``capacity and tendency to

mislead and deceive'' in 16 CFR 405.2(b) will be changed to conform

with the language regarding deception that is set forth in Cliffdale

Associates, Inc., 103 F.T.C. 110 (1984) and subsequent cases. Finally,

the language that ``it constitutes an unfair method of competition and

an unfair and deceptive act or practice'' in 16 CFR 405.4 will also be

revised to conform with the standard language for consumer protection

rules.

A. Background

The Leather Belt Rule was promulgated by the Commission on June 27,

1964. It applies to the sale or offering for sale of men's and boy's

belts, and women's and children's belts when not offered for sale as

part of a garment. The Rule makes it an unfair method of competition

and an unfair and deceptive act or practice to misrepresent a belt's

leather content or the type of animal hide or skin from which the belt

is made. for example, it is a violation of the Rule to label a belt as

leather when it is not made from the hide or skin of an animal.

The Leather Belt Rule also prohibits the sale or distribution of

belts without adequate disclosures as to their leather content or type

of animal hide or skin if the appearance of the product would deceive

consumers. For example, it is a violation of the Rule to sell a belt

which has the appearance of leather, but which is made of synthetic

materials, unless a disclosure is made on the product or on a tag or

label affixed to the product which states that the belt is not leather.

B. Issues for Comment

At this time, the Commission solicits written public comments on

the following questions:

(1) Is there a continuing need for the Rule?

(a) What benefits has the Rule provided to purchasers of the

products or services affected by the Rule?

(b) Has the Rule imposed costs on purchasers?

(2) What changes, if any, should be made to the rule to increase

the benefits of the Rule to purchasers?

(a) How would these changes affect the costs the Rule imposes on

firms subject to its requirements?

(3) What significant burdens or costs, including costs of

compliance, has the Rule imposed on firms subject to its requirements?

(a) Has the Rule provided benefits to such firms?

(4) What changes, if any, should be made to the Rule to reduce the

burdens or costs imposed on firms subject to its requirements?

(a) How would these changes effect the benefits provided by the

Rule?

(5) Does the Rule overlap or conflict with other federal, state, or

local laws or regulations?

(6) Since the Rule was issued, what effects, it any, have changes

in relevant technology or economic conditions had on the Rule?

List of Subjects in 16 CFR Part 405

Leather content of belts; Trade practices.

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

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95-7467 Filed 3-24-95; 8:45 am]

BILLING CODE 6750-01-M