Guides for the Mirror Industry

FEDERAL TRADE COMMISSION

16 CFR Part 21

Guides for the Mirror Industry

AGENCY: Federal Trade Commission.

ACTION: Final rules; Recision of the guides for the mirror industry.

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SUMMARY: The Guides for the Mirror Industry were promulgated in 1962 to

prevent deception in the sale and marketing of mirrors for decorative

and utilitarian uses with respect to the material content of the glass

from which mirrors were made and the method by which the backing was

affixed to mirrors. When the Mirror Guides were adopted, the process

used to manufacture glass for mirrors was not uniform and there were no

industry standards that regulated quality, reflectivity, or durability

of mirrors. Since that time, the glass industry, and as a result the

mirror industry, have undergone significant changes. First, mirrors are

no longer made from ``plate glass'' or ``sheet glass,'' both of which

produced mirrors with a high level of distortion. Today, all commercial

glass manufacturers use the Pilkington process to manufacture float

glass. This process produces high quality glass that is almost

distortion-free. Second, industry standards have been promulgated that

govern the quality, acceptable levels of distortion, reflectivity and

durability of glass suitable for use in mirrors. Third, the process

used to affix copper backing to mirrors has undergone significant

technological improvement that lessens, if not eliminates, the

potential for deception as to the type of backing used. Finally, due to

technological changes, industry participants consider much of the

terminology used in the Mirror Guides to be obsolete. These facts

appear to make the Mirror Guides obsolete and unnecessary. Because of

these changes, the Commission has determined that it is in the public

interest to rescind the Guides for the Mirror Industry.

EFFECTIVE DATE: November 21, 1996.

ADDRESS: Requests for copies of this document should be sent to the

Public Reference Branch, Room 130, Federal Trade Commission,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Jessica D. Gray, Attorney, Federal Trade Commission, Washington, D.C.

20580, (202) 326-2025.

SUPPLEMENTARY INFORMATION: The Mirror Guides, promulgated by the

Commission on June 30, 1962, and amended on September 13, 1972 (37 FR

18448), and February 27, 1979 (44 FR 11183), give guidance about

acceptable and unacceptable claims made in advertising or promotional

materials used in the sale or distribution of mirrors.

Specifically, under these Guides it is an unfair or deceptive act

or practice for any industry member, in connection with the sale,

offering for sale, or distribution of mirrors, to use any advertisement

or representation which is false or has the tendency to mislead

purchasers or prospective purchasers with respect to the type, grade,

quality, quantity, use, size, design, material, finish, strength,

backing, silvering, thickness, composition, origin, preparation,

manufacture, value, or distribution of any mirror.

Under the Mirror Guides it is also an unfair or deceptive act or

practice for any member of the industry to sell, offer for sale, or

distribute any mirror under any representation or circumstance having

the capacity to mislead or deceive purchasers or prospective purchasers

with regard to the type or

[[Page 59182]]

kind of glass contained in any mirror or the type of backing affixed

thereto.

The Commission has determined, as part of its oversight

responsibilities, to review rules and guides periodically. These

reviews seek information about the costs and benefits of the

Commission's rules and guides and their regulatory and economic impact.

The information obtained assists the Commission in identifying rules

and guides that warrant modification or recision. On January 22, 1996,

the Notice of the Commission's intent to request public comment on the

rules and guides selected for regulatory review during 1996 appeared in

the Federal Register. 61 FR 1538-44. A notice inviting comments on the

Mirror Guides was published on March 15, 1996. 61 FR 10708-10. The

comment period ended on April 15, 1996. One comment, from the North

American Association of Mirror Manufacturers (NAAMM), was received

after the comment period closed. This comment characterized the Mirror

Guides as obsolete and recommended that the Guides be amended or

rescinded. Specifically, NAAMM stated that there is consensus within

the industry that the Guides are ``almost totally inaccurate'' and that

the process for manufacturing glass for mirrors is no longer an issue.

At the time the Mirror Guides were promulgated, mirrors were made

from ``plate glass,'' which was made by grinding and polishing a ribbon

of glass between two rolls. The glass produced by this process

contained a high occurrence of distortions and other imperfections. The

quality problems that resulted from the manufacturing process gave rise

to pervasive misrepresentations or deceptive acts or practices by some

manufacturers, distributors, and resellers of mirrors. Today, the

grinding and polishing process has been displaced by the ``float''

technology, which produces glass with greater clarity and almost no

distortions. Consequently, misrepresentations that mirrors contain

``crystal'' or ``crystale,'' ``window,'' or ``plate'' glass are no

longer a concern.

In the 1960s, some industry members engaged in the practice of

deceptively marketing mirrors as being ``copper backed'' when the

copper had simply been painted on and had not been applied by an

electroplating process. Mirrors that had copper backing painted on them

did not have the same quality and durability as mirrors to which the

copper backing had been applied by electroplating. The Mirror Guides

were promulgated in part to prevent this deceptive practice. Today, a

different process for applying copper backing to mirrors called

``electro-chemical reaction'' is used and appears to have displaced

both ``electroplating'' and the painting on of copper backing.

Therefore the quality and durability concerns that prompted the

adoption of the Mirror Guides no longer exist.

The glass and mirror industries have also made significant progress

toward standardization. The American Society for Testing and Materials

has promulgated standards that set parameters for quality, levels of

defects and durability of glass. In addition, the American National

Standards Institute has promulgated several standards that govern the

reflectivity of mirrors used in automobiles.

These recent changes in the glass and mirror industries have

rendered the Mirror Guides obsolete and ineffectual. Accordingly, the

Commission has determined that it is in the public interest to

eliminate the Mirror Guides.

List of Subjects in 16 CFR Part 21

Advertising, Glass and glass products, Trade practices.

PART 21--[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 21.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 96-29798 Filed 11-20-96; 8:45 am]

BILLING CODE 6750-01-M