Concerning Trade Regulation Rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods; Conditional Exemption From Terminology Section of the Care Labeling Rule

FEDERAL TRADE COMMISSION

16 CFR Part 423

Concerning Trade Regulation Rule on Care Labeling of Textile

Wearing Apparel and Certain Piece Goods; Conditional Exemption From

Terminology Section of the Care Labeling Rule

AGENCY: Federal Trade Commission.

ACTION: Final rule, with conditional exemption.

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SUMMARY: The Federal Trade Commission (the ``Commission'') has reviewed

the public comments on an interim conditional exemption to its Trade

Regulation Rule on Care Labeling of Textile Wearing Apparel and Certain

Piece Goods (``the Care Labeling Rule'' or ``the Rule'') and has

decided to make the conditional exemption final. The conditional

exemption will permit the use of the system of care symbols developed

by the American Society for Testing and Materials (``ASTM'') and

designated as ASTM Standard D5489-96c Guide to Care Symbols for Care

Instructions on Consumer Textile Products, in lieu of words on the

permanently attached care label, as long as explanatory information is

provided to consumers for the first 18-month period after the effective

date of the conditional exemption.

DATES: This conditional exemption is effective July 1, 1997. The

incorporation by reference of the ASTM standard is approved by the

Director of the Federal Register effective July 1, 1997.

ADDRESSES: Copies of this notice can be obtained through the Public

Reference Branch, Room 130, Federal Trade Commission, Washington, D.C.

20580; (202) 326-2222; or through the Commission's homepage on the

World Wide Web at http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Constance M. Vecellio or Edwin

Rodriguez, Attorneys, Federal Trade Commission, Washington, DC 20580,

(202) 326-2966 or (202) 326-3147.

SUPPLEMENTARY INFORMATION:

Introduction

On June 15, 1994, the Commission published a Federal Register

notice (``FRN'') requesting comment on various aspects of the Care

Labeling Rule, including whether the rule should be modified to permit

the use of symbols in lieu of words.1 On November 16, 1995,

the Commission published a FRN, 60 FR 57552, announcing that the

Commission had tentatively determined to adopt a proposed conditional

exemption to the Care Labeling Rule to permit the use of the system of

care symbols developed by ASTM and designated as ASTM Standard D5489

Guide to Care Symbols for Care Instructions on Consumer Textile

Products, with one exception and addition.2 The notice

sought additional comment on the specifics of the proposal.

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\1\ 59 FR 30733 (1994). This notice sought comment about the

overall costs and benefits of the Rule and its overall regulatory

and economic impact as part of the Commission's systematic review of

all its current rules and guides. This notice also sought comment on

certain other issues. With respect to the other issues, on December

28, 1995, the Commission published a notice, 60 FR 67102, seeking

comment on other parts of the Rule and other proposed changes. The

issues raised in the December 1995 notice will be addressed in a

separate FRN at a later time.

\2\ The exception and addition are no longer necessary because

ASTM has changed its standard.

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In particular, the November 1995 FRN stated that the Commission had

tentatively decided to allow the use of certain other modifications to

the system that ASTM was considering when the FRN was published. The

FRN described these possible changes, noted that they appeared to be

useful, and proposed adopting the ASTM system with those changes. These

changes were adopted by ASTM, and were reflected in the standard

designated ASTM Standard D5489-96a.3

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\3\ The version of ASTM Standard D5489 discussed in the November

1995 FRN was adopted by ASTM in 1993 and officially referred to as

ASTM Standard D5489-93. When ASTM changes a standard, the suffix is

changed to reflect the year of the revision. Thus, when Standard

D5489 was revised in early 1996, it was referred to as ASTM Standard

D5489-96a.

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Certain additional minor changes to the ASTM symbol system were

adopted by ASTM later in 1996 and are embodied in the final standard

designated ASTM Standard D5489-96c. In a FRN published on February 6,

1997, 62 FR 5724, the Commission announced that it had decided to adopt

the conditional exemption. Because some additional minor changes had

been made since the publication of the 1995 FRN, however, the

Commission decided to again allow comment on these minor

changes.4 The comment period ended on March 10, 1997.

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\4\ The conditional exemption references a specific version of

the standard. If ASTM changes the standard, the Commission will

determine whether it should seek comment on changing the conditional

exemption.

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II. Background

The Care Labeling Rule was promulgated by the Commission on

December 16, 1971, 36 FR 23883 (1971), and amended on May 20, 1983, 48

FR 22733 (1983). The Rule makes it an unfair or deceptive act or

practice for manufacturers and importers of textile wearing apparel and

certain piece goods to sell these items without attaching care labels

stating ``what regular care is needed for the ordinary use of the

product.'' 16 CFR 423.6 (a) and (b). The Rule also requires that the

manufacturer or importer possess, prior to sale, a reasonable basis for

the care instructions. 16 CFR 423.6(c).

The ``Terminology'' section of the rule, 16 CFR 423.2(b), currently

requires that care instructions be stated in ``appropriate terms,''

although it also states that ``any appropriate symbols may be used on

care labels or care

[[Page 29007]]

instructions, in addition to the required appropriate terms so long as

the terms fulfill the requirements of this regulation.'' (Emphasis

added.)

The 1994 FRN stated that the North American Free Trade Agreement

(``NAFTA'') ``has created industry interest in being permitted to use

symbols in lieu of words to provide care instructions, and the

Commission seeks comment on the costs and benefits of such a change.''

Based on the comments, the Commission published the 1995 FRN proposing

a conditional exemption to the ``Terminology'' section of the rule to

allow the use of care symbols without language.

The Commission examined two existing symbol systems--the system of

care symbols developed by the International Association for Textile

Care Labeling (``Ginetex'') and adopted by the International

Organization for Standardization (``ISO'') as International Standard

3758, and the system of care symbols developed by ASTM and designated

as ASTM Standard D5489-93--to identify which system conveys all or most

of the information required by the rule and meets other important

criteria.5 The Commission concluded that ASTM Standard D5489

provided symbols relating to the information required by the rule and

that it best met the needs of consumers and industry. The Commission

also concluded that the ASTM system was compatible with the care symbol

systems used in Canada and Mexico, and that any differences among the

symbol systems used in these countries did not pose insurmountable

problems.

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\5\ The ASTM and Ginetex systems use the same five basic

symbols: a washtub to indicate washing (with a hand in the washtub

to indicate hand washing), a triangle to indicate bleaching, a

square to indicate drying (and a circle within a square to indicate

machine drying), an iron to indicate ironing, and a circle to

indicate dry cleaning. An ``X'' cancelling out the symbol warns

against using the designated cleaning technique, e.g., ``do not dry

clean.'' The differences in the systems consist in the manner in

which refinements to the basic processes are conveyed (or are not

conveyed).

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The Commission determined that the use of ISO Standard 3758 was not

appropriate for the United States for three reasons. First, the ISO/

Ginetex system does not provide symbols for some of the basic

information required by the Rule and, therefore, cannot convey all the

information that the Commission has found to be necessary to prevent

the unfair and deceptive practices that the Rule was designed to

prevent.6 Second, the Ginetex system also assumes that

washing machines have internal mechanisms for heating water to a

precise temperature, and it links symbols for cool-down rinse, reduced

spin, and reduced mechanical action to precise temperature settings. In

addition, it includes only normal and low temperature ranges for tumble

drying. Both of these aspects of the Ginetex system are inconsistent

with the technology of laundry equipment used in the United States.

Finally, the Commission determined that Ginetex's assertion of

trademark rights relating to the ISO/Ginetex symbols weighed against

adoption of that system.

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\6\ The Commission noted that the ISO/Ginetex system has no

symbols for natural drying, the use of non-chlorine bleach, or the

use of steam in ironing, which are care practices addressed by the

Rule. The Commission also noted that the ISO/Ginetex system's symbol

for drycleaning does not address all the warnings required by the

Rule for dry cleaning. In the Ginetex system, an underlined circle

warns professional drycleaners generally about potential harm from

``mechanical action and/or drying temperature and/or water addition

in the solvent.'' But the ISO/Ginetex system does not have a method

for providing warnings about which specific parts of the dry

cleaning process should be avoided as required by Section

423.6(b)(2)(ii) of the Rule.

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III. Analysis of Comments

As noted, the February 1997 FRN sought comment on certain minor

changes made to the ASTM system.7 Four comments were

received. None of these commented on the changes that had been made to

the ASTM system.

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\7\ ASTM changed the ``do not bleach'' symbol from a shaded

triangle with an ``X'' through it to a blacked-in triangle with an

``X'' through it to make clear that no bleach, whether chlorine or

non-chlorine, should be used. It changed its explanatory chart by

deleting the water temperature word indicators (``cool,'' ``warm,''

or ``hot'') in the chart because these words have different

definitions in different countries. ASTM also changed the definition

of ``one dot'' from the definition in the Appendix to the Care

Labeling Rule (a maximum of 85 Fahrenheit, with no minimum) to a

range from 65 to 85 degrees Fahrenheit to educate consumers that

detergents ``are not effective at lower temperatures.''

Other changes clarified that the symbols used in the Canadian

system of care symbols for a washtub and an iron are acceptable

although they differ slightly in shape from the ASTM symbols and

that instructions for ``permanent press'' or ``gentle cycle'' may be

reported in symbols (i.e., underlining the washtub) or words on a

label with the symbolic instructions for machine wash or machine

dry. ASTM also removed the steam markings from the iron symbol,

clarified that the iron symbol may mean ``Iron--dry or steam,'' and

created a symbol (an iron symbol with steam markings that have been

canceled out by an ``X'') that can be used for the warning ``do not

steam.'' Finally, ASTM added a statement to the text of the Standard

explaining that ``the iron symbol may be used with the drycleaning

symbol to report how to restore the item by ironing after wearing.''

ASTM also made changes in the Standard that are not an integral

part of the symbol system (e.g., the Table of Additional Words to

Use with Care Symbols) or that involve additions to the explanatory

text of the Standard or the text appearing under the symbols in the

explanatory chart. In addition, one change relates to the order in

which the symbols should be used. This change is not relevant to the

use of the ASTM system to fulfill the requirements of the Care

Labeling Rule because the Rule does not require that instructions

appear in any particular order (though of course they must be

intelligible).

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International Harmonization

All four comments focused on the need for international

harmonization. The American Apparel Manufacturers Association

(``AAMA'') complimented the Commission on moving to symbols and noted

that ``we now have a basis to harmonize our system with that of Canada

and Mexico'' and to ``work toward an international standard within the

International Standards Organization.'' 8 Similarly, the

American Textile Manufacturers Institute (``ATMI'') supported the

amendment and stated that it ``would like to see international

harmonization.'' 9 FEDERTESSILE, the Italian Federation of

Associations of Textile and Clothing Industries, also stressed the need

for harmonization with the ISO/Ginetex system, and suggested that ``a

joint committee be formed, possibly with the participation of

representatives of ISO, ASTM, EURATEX, AAMA, and ATMI, in order to

reach a prompt consensus on the harmonization of the international

symbol system.'' 10 The Association of Home Appliance

Manufacturers (``AHAM'') stated that the Commission needs ``to resolve

potential trademark infringement issues that arise where U.S.-

manufactured products are exported for sale in a Ginetex country.''

11

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\8\ Comment 2, p.1.

\9\ Comment 1, p.1.

\10\ Comment 3, p.1.

\11\ Comment 4, p.6.

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The Commission agrees that harmonization of the symbol system

adopted in the United States with the system used in Europe is very

important. The Commission is aware that representatives of ASTM and

Ginetex have been discussing harmonization of the two systems, and a

Commission representative has attended ISO and Ginetex meetings. The

Commission intends to continue its liaison efforts with Ginetex and ISO

to promote harmonization.

Need for Consumer Education

AHAM, while not opposing the conditional exemption, expressed

concern that the conditional exemption would have ``an adverse

regulatory impact on consumers, appliance manufacturers, and others

without an equal corresponding benefit.'' It noted that consumers will

have to learn the symbols and appliance manufacturers may have to

answer inquiries from consumers about the symbols.12 AHAM

[[Page 29008]]

therefore emphasized the need for an adequate consumer education

program, and stated that ``the garment manufacturers, with the aid of

other interested parties, must be prepared to implement a consumer

education plan by July 1, 1997.'' 13 AHAM conditioned its

willingness to participate in a consumer education campaign ``on

consumer education leadership from the garment manufacturers.''

14

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\12\ Id. at 1.

\13\ Id. at 2.

\14\ Id. at 3.

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The Commission agrees that a comprehensive consumer education

campaign is necessary to help consumers make the transition from words

to symbols. On January 28, 1997 the Commission launched Project CLEAN

(Care Labeling Education & Awareness Network) with a forum that was

attended by a large number of garment manufacturers, retailers, and

other interested parties, including representatives from AHAM. The

Commission is currently coordinating consumer education efforts on the

part of those who attended. The Commission is planning a press

conference on July 1, 1997 to announce the extensive consumer education

efforts that will be occurring.

Finally, AHAM noted that the consumer education campaign for

symbols presents a good opportunity to educate consumers about the

temperature of water delivered to washing machines in North America.

Most washing machines in North America, unlike European machines which

have internal water heaters, ``cannot guarantee delivery of specific

water temperatures at specified machine settings due to variables such

as geographical climate variations, water heater settings, and hot

water line loss. The American consumer must be educated to adjust the

machine setting where these variables dictate adjustment * * *.''

15 AHAM suggested including information on this issue in

educational materials about care symbols. The Commission agrees that

the consumer education campaign for care symbols provides an

opportunity to educate consumers about water temperature in washing

machines, and has included a statement explaining the various factors

that can affect water temperature in the materials it is developing for

the campaign.

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\15\ Id. at 6.

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IV. Summary of Commission's Decision

Section 18(g)(2) of the Federal Trade Commission Act, 15 U.S.C.

57a(d)(2)(B), provides that ``[i]f . . . the Commission finds that the

application of a rule prescribed under subsection (a)(1)(B) to any

person or class of persons is not necessary to prevent the unfair or

deceptive act or practice to which the rule relates, the Commission may

exempt such person or class from all or part of such rule.'' The

Commission now finds that the provision presently found in the

Terminology section of the Care Labeling Rule, that appropriate care

symbols may be used on care labels or care instructions only in

addition to the required appropriate terms, is not necessary to prevent

the unfair or deceptive act or practice to which the rule relates.

Specifically, the Commission exempts manufacturers and importers of

textile wearing apparel who use the system of care symbols designated

ASTM Standard D5489-96c from the requirement that care instructions in

words accompany care instructions in symbols. The Commission has not

specified a type size for the symbols, but they must be legible. The

exemption is adopted on the condition that, from July 1, 1997 to

December 31, 1998, explanatory information regarding the meaning of the

care symbols that appear on the label of a garment be provided with any

garment offered for sale. To implement this conditional exemption, the

Commission revises Sections 423.2 and 423.8, the Terminology and

Exemptions sections of the rule, respectively.

The incorporation by reference of ASTM Standard D5489-96c was

approved by the Director of the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. Copies of ASTM Standard D5489-96c

Guide to Care Symbols for Care Instructions on Consumer Textile

Products may be obtained from the American Society for Testing and

Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or may

be inspected at the Federal Trade Commission, room 130, 600

Pennsylvania Avenue, N.W., Washington, DC, or at the Office of the

Federal Register, suite 700, 800 North Capitol Street, N.W.,

Washington, DC.

Pursuant to the requirements of section 18(g) of the Federal Trade

Commission Act, 15 U.S.C. 57a(g), and the provisions of the

Administrative Procedure Act, 5 U.S.C. 553(b), the Commission published

notices requesting comment on the proposed conditional exemption on

June 15, 1994 (59 FR 30733) and November 16, 1995 (60 FR 57552). This

conditional exemption is not subject to the requirements of the

Paperwork Reduction Act, 44 U.S.C. 3501, because the conditional

exemption does not create requirements for information collection;

rather, it provides an alternative method of communicating information.

The Regulatory Flexibility Act, 44 U.S.C. 601(2), does not apply to

this conditional exemption because, pursuant to section 18(d)(2)(B) of

the Federal Trade Commission Act, 15 U.S.C. 57a(d)(2)(B), an exemption

to a rule under section 18(g) of the Federal Trade Commission Act, 15

U.S.C. 57(a)(g), shall not be treated as an amendment or repeal of a

rule. The conditional exemption will become effective on July 1, 1997.

List of Subjects in 16 CFR Part 423

Labeling; Incorporation by reference; Textiles; Trade practices.

Text of Amendments

Accordingly, the Commission amends 16 CFR Part 423 as follows:

PART 423--[AMENDED]

1. The authority citation for part 423 continues to read as

follows:

Authority: 38 Stat. 717, as amended; (15 U.S.C. 41, et seq.)

2. Section 423.2 is amended by revising paragraph (b) to read as

follows:

Sec. 423.2 Terminology.

* * * * *

(b) Any appropriate symbols may be used on care labels or care

instructions, in addition to the required appropriate terms so long as

the terms fulfill the requirements of this part. See Sec. 423.8(g) for

conditional exemption allowing the use of symbols without terms.

* * * * *

3. Section 423.8 is amended by revising paragraph (g) to read as

follows:

Sec. 423.8 Exemptions.

* * * * *

(g) The symbol system developed by the American Society for Testing

and Materials (ASTM) and designated as ASTM Standard D5489-96c Guide to

Care Symbols for Care Instructions on Consumer Textile Products may be

used on care labels or care instructions in lieu of terms so long as

the symbols fulfill the requirements of this part. In addition, symbols

from the symbol system designated as ASTM Standard D5489-96c may be

combined with terms so long as the symbols and terms used fulfill the

requirements of this part. Provided, however, that for the 18-month

period beginning on July 1, 1997, such symbols may be used on care

labels in lieu of terms only if an explanation of the meaning of the

symbols used on the care label in terms is attached to, or provided

with, the item of textile wearing apparel. This incorporation by

reference was

[[Page 29009]]

approved by the Director of the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. Copies of ASTM Standard D5489-96c

Guide to Care Symbols for Care Instructions on Consumer Textile

Products may be obtained from the American Society for Testing and

Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or may

be inspected at the Federal Trade Commission, room 130, 600

Pennsylvania Avenue, NW., Washington, DC, or at the Office of the

Federal Register, suite 700, 800 North Capitol Street, NW., Washington,

DC.

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

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 97-13869 Filed 5-28-97; 8:45 am]

BILLING CODE 6750-01-P