Trade Regulation Rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods

FEDERAL TRADE COMMISSION

16 CFR Part 423

Trade Regulation Rule on Care Labeling of Textile Wearing Apparel

and Certain Piece Goods

AGENCY: Federal Trade Commission.

ACTION: Announcement of public workshop-conference.

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SUMMARY: The Federal Trade Commission (``the Commission'') will hold a

public workshop-conference in

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connection with the notice of proposed rulemaking published May 8, 1998

proposing amendments to its Trade Regulation Rule on Care Labeling of

Textile Wearing Apparel and Certain Piece Goods, 16 CFR Part 423 (``the

Care Labeling Rule'' or ``the Rule''). The workshop-conference will be

for discussion of issues related to care labeling instructions for home

laundering and professional wetcleaning of textile wearing apparel.

DATES: The public workshop-conference will take place on Friday,

January 29, 1999, from 9:00 a.m. until 5:30 p.m. Members of the public

who are interested in participating in the public workshop-conference

must notify the Commission's staff in writing on or before January 14,

1999.

ADDRESSES: Notification of interest in participating in the public

workshop-conference should be submitted in writing on or before January

14, 1999, to James G. Mills, Division of Enforcement, Rm. 4616, Federal

Trade Commission, Washington, DC 20580. The public workshop-conference

will take place in Room 432 of the Federal Trade Commission

Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Constance M. Vecellio, (202) 326-2966,

or James G. Mills, (202) 326-3035, Attorneys, Division of Enforcement,

Federal Trade Commission, Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Care Labeling Rule

The Care Labeling Rule was promulgated by the Commission on

December 16, 1971, 36 FR 23883. In 1983, the Commission amended the

Rule to clarify its requirements by identifying in greater detail the

washing or dry cleaning information to be included on care labels. 48

FR 22733 (1983). The Care Labeling Rule, as amended, requires

manufacturers and importers of textile wearing apparel and certain

piece goods to attach care labels to these items 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).

B. Procedural History

1. Regulatory Review of the Rule

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

determine their current effectiveness and impact, the Commission

published a Federal Register notice on June 15, 1994, seeking comment

on the costs and benefits of the Rule, and related questions, such as

what changes in the Rule would increase the Rule's benefits to

purchasers and how those changes would affect the costs the Rule

imposes on firms subject to its requirements. 59 FR 30733 (``the 1994

Notice''). The comments in response to the 1994 Notice generally

expressed continuing support for the Rule, stating that correct care

instructions benefit consumers by extending the useful life of the

garment, by helping the consumer maximize the appearance of the

garment, and/or by allowing the consumer to take the ease and cost of

care into consideration when making a purchase.

2. The ANPR

Based on this review, the Commission determined to retain the Rule,

but to seek additional comment on possible amendments to the Rule. To

begin the process, the Commission published an Advance Notice of

Proposed Rulemaking on December 28, 1995, 60 FR 67102 (``the ANPR'').

In the ANPR, the Commission discussed and solicited comment on

standards for water temperature, the desirability of a home washing

instruction and a wet cleaning instruction for items for which such

processes are appropriate, and the Rule's reasonable basis standard.

The Commission received 64 comments in response to these issues.

3. The NPR

Based on the comments responding to the ANPR, and on other

evidence, the Commission published a Notice of Proposed Rulemaking in

May 1998, 63 FR 25417 (May 8, 1998) (``the NPR''), in which the

Commission proposed the following specific amendments to the Rule and

sought comments thereon:

1. An amendment to require that an item that can be safely cleaned

by home washing be labeled with instructions for home washing;

2. An amendment to establish a definition in the Rule for

``professional wetcleaning'' and to permit manufacturers to label a

garment that can be professionally wetcleaned with a ``professionally

wetclean'' instruction;

3. An amendment to clarify that manufacturers must establish a

reasonable basis for care instructions for an item based on reliable

evidence for each component of the item in conjunction with reliable

evidence for the garment as a whole; and

4. An amendment changing the definitions of ``cold,'' ``warm'' and

``hot'' water to be consistent with those of the American Association

of Textile Chemists and Colorists (``AATCC''), and adding a new term--

``very hot''--and corresponding definition consistent with AATCC's term

and definition.

The NPR also included six specific questions to elicit information on

the proposed amendments.

In the NPR, the Commission made the following announcement:

The Commission has determined, pursuant to 16 CFR 1.20, to

follow the procedures set forth in this notice for this proceeding.

The Commission has decided to employ a modified version of the

rulemaking procedures specified in Section 1.13 of the Commission's

Rules of Practice. The proceeding will have a single Notice of

Proposed Rulemaking, and disputed issues will not be designated.

The Commission will hold a public workshop-conference to discuss

the issues raised by this NPR. Moreover, if comments in response to

this NPR request hearings with cross-examination and rebuttal

submissions, as specified in Section 18(c) of the Federal Trade

Commission Act, 15 U.S.C. 57a(c), the Commission will also hold such

hearings. After the public workshop, the Commission will publish a

notice in the Federal Register stating whether hearings will be held

in this matter, and, if so, the time and place of hearings and

instructions for those desiring to present testimony or engage in

cross-examination of witnesses.

63 FR 25425-26 (May 8, 1998).

The Commission also stated in the NPR that it would announce the

time and place of the workshop-conference after the comment period,

which closed on July 27, 1998. Today's notice announces that the

workshop-conference will take place on January 29, 1999, from 9:00 a.m.

until 5:30 p.m. in room 432 of the Commission's Headquarters Building

at 600 Pennsylvania Avenue, NW, Washington, DC.

There were no requests for hearings in the 38 comments received in

response to the NPR.\1\ Therefore, the Commission

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will not hold public hearings in this matter. Six comments contained

requests to participate in the workshop-conference.

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\1\ The comments were from: five consumers; one consumer group;

one academician; two textile fiber manufacturer associations; two

apparel manufacturer associations; one apparel manufacturer; one

apparel retailer; five professional cleaner associations; eight

professional cleaners; one international association for textile

care labeling; three laundry equipment manufacturers; two

manufacturers of cleaning products; one environmental protection

group; one non-profit research and technical assistance

organization; one non-profit clearinghouse for information on

emissions control; one home appliance manufacturer trade

association; one home appliance repairman; and one foreign nation.

The comments are on the public record and are available for public

inspection in accordance with the Freedom of Information Act, 5

U.S.C. 552, and the Commission's Rules of Practice, 16 CFR 4.11, at

the Consumer Response Center, Public Reference Section, Room 130,

Federal Trade Commission, 6th St. and Pennsylvania Avenue, NW,

Washington, D.C. The comments also are available for inspection on

the Commission's website at www.ftc.gov/bcp/rulemaking/carelabel/

comments/comlist.htm>.

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II. Comments on the Issues in the NPR That Will Form the Basis of

the Workshop-Conference

As a result of its initial analysis of the comments responding to

the NPR, the Commission has concluded that the comments addressing two

of its proposals--to require a home washing instruction for home-

washable products and to permit a ``Professionally Wetclean''

instruction for items for which that care method would be appropriate--

express points of view that merit further discussion. The Commission

will base its analysis of the other two proposals (relating to water

temperature standards and the Rule's reasonable basis requirement) on

the written comments in the record, and will include a discussion of

these proposals in the Statement of Basis and Purpose that the

Commission will publish along with any final amendments to the Rule.

Those proposals will not be discussed at the workshop-conference.

A. The Home-Washing Instruction

The 17 comments responding to the proposal to require washing

instructions for items that could be home-laundered (with a

``Dryclean'' instruction optional, if appropriate) expressed divergent

views. Some supported the proposal as stated. Others favored requiring

both drycleaning and home laundering instructions if both were

appropriate. Still others opposed the proposal altogether, contending

that it would necessitate additional testing by manufacturers in order

to have a reasonable basis for both methods of care, instead of only

one, and recommended that the Rule remain unchanged in this regard.

Twelve comments addressed how consumers interpret a ``Dryclean''

instruction. Many said there was no empirical evidence on this point,

but they believed that consumers think it means that an item so labeled

cannot be washed at home. The Clorox Company (comment no. 22) submitted

a random digit dial telephone interview survey of 1,000 nationally

representative adult consumers conducted by an independent market

research firm. Half the consumers interviewed in the survey had

laundered items labeled ``Dryclean,'' and 60% of these respondents were

generally satisfied with the results. The study showed that nearly 90%

of consumers interviewed would prefer care labels to include washing

instructions. This suggests that a significant percentage of garments

that are labeled ``Dryclean'' may be home laundered; moreover,

consumers expressed an overwhelming preference to be given such

information. In addition, the survey suggests that consumers may not

treat ``Dryclean'' and ``Dryclean Only'' instructions differently,

although under the current Rule they have distinctly different

meanings.\2\ This research, which was not available to the other

commentors when they filed their comments, provides empirical evidence

of consumers' views and their behavior when they make decisions on how

to care for a garment labeled for drycleaning. Accordingly, the

Commission requests that participants in the workshop-conference review

this study and be prepared to discuss its findings. This research is

now on the public record with the other comments.

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\2\ The Rule currently requires either a washing instruction or

a drycleaning instruction for items that can be safely subjected to

both processes; it does not require both instructions. Thus, a

manufacturer using a ``Dryclean'' instruction needs to be able to

substantiate only that drycleaning is an acceptable method of care.

In contrast, a manufacturer that uses a ``Dryclean Only''

instruction must be able to substantiate both that drycleaning

refurbishes the garment without damage and that home washing would

result in damage to the garment.

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B. The ``Professionally Wetclean'' Instruction

The NPR proposed an amendment that would include a definition for

wetcleaning and permit (but not require) a wetcleaning instruction

together with the item's fiber content, a recommendation of at least

one type of cleaning equipment (unless all types of commercially

available professional cleaning equipment would be appropriate), and

one other appropriate method of cleaning (or a warning that the item

cannot be washed or drycleaned, if such is the case). The NPR also

asked for information on the number of domestic businesses that provide

professional wetcleaning to the public on a regular basis and the

appropriateness of the proposed wetcleaning amendment.

Twenty-five comments addressed the proposed wetcleaning instruction

and/or responded to the question in the NPR relating to it. A few

opposed the proposal, maintaining that the technology and availability

of wetcleaning are not yet advanced enough to justify a wetcleaning

instruction. Most favored some kind of wetcleaning instruction, but

recommended varying circumstances under which the instruction should be

allowed. Some comments favored the proposed requirement to include

another appropriate care method with the wetcleaning instruction, while

others thought the alternative (i.e., the non-wetcleaning instruction)

should be permitted, but not required. Several favored requiring the

professional wetcleaning instruction when the method would be

appropriate, maintaining that, if the instruction were only permitted,

not all manufacturers would use it, which would lead consumers to

conclude erroneously that, when it was not used on a garment with a

``Dryclean'' label, the garment could not be professionally wetcleaned.

Several commentors addressed the proposal that the label specify a type

of wetcleaning equipment. Of these, most thought this requirement would

be unnecessary and too limiting, with some contending that it would

appear to be an endorsement of certain kinds of laundering equipment.

Of the six comments that addressed the proposal to include fiber

content on care labels that show a ``Professionally Wetclean''

instruction, five favored the idea, with most suggesting that all care

labels be required to include fiber content. These commentors

maintained that the resulting extra label size requirement (to

accommodate the fiber content information) should apply equally to

labels with all types of instructions. To do otherwise, they contended,

would create a disincentive for manufacturers to elect to include the

``Professionally Wetclean'' instruction, which would necessitate the

larger label.

In the NPR, the Commission proposed the following definition for

``professional wetcleaning'':

(h) Professional wet cleaning means a system of cleaning by

means of equipment consisting of a computer-controlled washer and

dryer, wet cleaning software, and biodegradable chemicals

specifically formulated to safely wet clean wool, silk, rayon, and

other natural and man-made fibers. The washer uses a frequency-

controlled motor, which allows the computer to control precisely the

degree of mechanical action imposed on the garments by the wet

cleaning process. The computer also controls time, fluid levels,

temperatures, extraction, chemical injection, drum rotation, and

extraction parameters. The dryer incorporates a residual moisture

(or humidity) control to prevent overdrying of delicate garments.

The wet cleaning chemicals are formulated from constituent chemicals

on the EPA's public inventory of approved chemicals pursuant to the

Toxic Substances Control Act.

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Eleven comments addressed this proposed definition. A few favored

the proposed definition, some agreeing with the text as it appeared in

the NPR, and some suggesting minor modifications. Others rejected the

proposed language outright with no further comment. Several comments

maintained that the proposal was too narrow because it encompassed only

the newest technology without including the more traditional knowledge

and expertise of the individual cleaner relying on personal experience

and using simpler equipment. Most of these comments offered their own,

simpler definitions that incorporated their concerns; two of these

agreed with a definition that was submitted by the Center for

Neighborhood Technology:

Wetcleaning is the cleaning of clothes in a commercial setting

with a water-based system that utilizes specially formulated

detergents, and precise control (either manual or computerized) over

the mechanical action, water temperature and level, and carefully

regulated drying. Wetcleaning spotting is done by using products

designed for the process that can be safely discharged to sewer

systems. Pressing of wetcleaned garments may be done either with

conventional professional pressing equipment, or with tensioning

finishing equipment and/or drying cabinets for greater productivity.

There was little agreement among the 12 comments that addressed the

question in the NPR as to the number of domestic cleaning

establishments that provide wetcleaning services to the public. Several

stated specific numbers, ranging from ``very few--around 100,'' to 200

and up to 350. Some suggested that the number is low enough that

permitting a wetcleaning instruction under any circumstances would be

premature. Other comments pointed out that the number of establishments

devoted exclusively to wetcleaning understates the actual availability

of wetcleaning, because the service is often available from cleaners

that also use other methods of refurbishing.

III. Specific Issues for Discussion at the Workshop-Conference

The following issues will form the basis for discussion at the

workshop-conference:

1. a. Should the Rule be amended to require a washing instruction

for all items that can safely be washed at home, even if drycleaning

would be an appropriate alternative care method?

b. Should a washing instruction be required if the item can be

successfully refurbished by washing but its useful life would be

extended by drycleaning?

c. Can criteria be identified that would assist manufacturers in

determining when a home-laundering instruction, although technically

feasible, should not be used because it would result in a less than

ideally refurbished garment?

2. a. Should the Commission amend the Rule to permit, or to

require, a ``Professionally Wetclean'' instruction?

b. Should the requirement include the statement of a type of

professional wetcleaning equipment?

c. Should the inclusion of other appropriate care methods be

mandatory or optional?

d. How should the Rule define ``professional wetcleaning''?

The Commission asks that all prospective participants identify

which of these issues are of particular interest to them when they

submit their written request to participate in accordance with the

instruction in the ADDRESSES paragraph, above. Prospective participants

who wish to address issues not appearing above must identify in their

request the issues they wish to raise.

IV. Procedures Governing the Workshop-Conference

The Commission's staff will conduct the workshop-conference to

afford Commission staff and affected interests an opportunity to

discuss the issues identified above and, in particular, to examine

areas of significant controversy of divergent opinions. The workshop-

conference will be facilitated by a Commission staff member. Those who

are interested in participating in the workshop-conference must notify

the Commission's staff by January 14, 1999, as directed in the

ADDRESSES heading, above. Prospective participants must include with

their notification a copy of any statement that they intend to make at

the beginning of the proceeding and must indicate which issues in

particular are of interest to them. Affected interests may, if they

wish, designate a specific party to represent their shared group

interests in the workshop-conference. Prior to the workshop-conference,

participants will be provided with a tentative agenda.

While the workshop-conference will address primarily those issues

identified in the discussion above, participants also will be afforded

an opportunity to address such additional related issues as are raised

during the proceeding. Commission staff will consider the views and

suggestions made during the workshop-conference in conjunction with the

written comments in formulating a final recommendation to the

Commission concerning the NPR.

If the number of parties who request to participate in the

workshop-conference is so large that it would inhibit effective

discussion, the Commission staff will select parties to participate

from among those who ask. The selections will be made on the basis of

the following criteria:

1. The party must have submitted a written comment in response to

the 1994 Notice, the ANPR, or the NPR;

2. The party must have notified the Commission's staff of its

interest and identified the issues it wishes to discuss by January 14,

1999;

3. The party's attendance would promote a balance of interests

being represented at the workshop-conference;

4. The party's participation would promote the consideration and

discussion of the issues identified above;

5. The party has expertise in areas affected by the Care Labeling

Rule; and

6. The party has been designated by one or more of the affected

interests (who have filed written comments and timely requests to

participate) as a party who shares group interests with the

designator(s).

If it is necessary to limit the number of participants, those not

selected to participate, but who have submitted written comments and

requests to participate in accordance with the instructions above, will

be afforded an opportunity at the end of the conference to present

their views during a limited time period. The time allotted for these

statement will be determined on the basis of the time necessary for

discussion of the issues by the selected parties, as well as by the

number of persons who wish to make such statements. If any person

cannot complete the presentation of his or her statement in the

allotted time, that person will be allowed, within 72 hours thereafter,

to file a written statement covering those relevant matters that he or

she did not present orally. The discussion during the workshop-

conference will be transcribed and the transcription will be placed on

the public record. After the conclusion of the workshop, the record

will remain open for 30 days for additional or rebuttal comments.

V. Legal Authority

This notice is being published pursuant to Section 18 of the

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

provisions of Part 1, Subpart B of the 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

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commerce within the meaning of Section 5(a)(1) of the FTC Act, 15

U.S.C. 45(a)(1).

VI. Communications by Outside Parties to Commissioners or Their

Advisors

Pursuant to Rule 1.18(c) of the Commission's Rules of Practice, 16

CFR 1.18(c) (1997), communications with respect to the merits of this

proceeding from any outside party to any Commissioner or Commissioner's

advisor during the course of this rulemaking shall be subject to the

following treatment. Written communications, including written

communications from members of Congress, shall be forwarded promptly to

the Secretary for placement on the public record. Oral communications,

not including oral communications from members of Congress, are

permitted only when such oral communications are transcribed verbatim

or summarized, at the discretion of the Commissioner or Commissioner's

advisor to whom such oral communications are made, and are promptly

placed on the public record, together with any written communications

and summaries of any oral communications relating to such oral

communications. Oral communications from members of Congress shall be

transcribed or summarized, at the discretion of the Commissioner or

Commissioner's advisor to whom such oral communications are made, and

promptly placed on the public record, together with any written

communications and summaries of any oral communications relating to

such oral communications.

List of Subjects in 16 CFR Part 423

Care labeling of textile wearing apparel and certain piece goods,

Trade practices.

Authority: 15 U.S.C. 57a(d)(2)(B).

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98-33280 Filed 12-15-98; 8:45 am]

BILLING CODE 6750-01-P