Guides Against Deceptive Labeling and Advertising of Adhesive Compositions

FEDERAL TRADE COMMISSION

16 CFR Part 235

Guides Against Deceptive Labeling and Advertising of Adhesive

Compositions

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (``Commission'') requests public

comments about the overall costs and benefits and the continuing need

for its Guides Against Deceptive Labeling and Advertising of Adhesive

Compositions (``Adhesive Compositions Guides'' or ``the Guides''), as

part of the Commission's systematic review of all current Commission

regulations and guides.

DATES: Written comments will be accepted until June 8, 1998.

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

Commission, Room H-159, Sixth Street and Pennsylvania Ave., N.W.,

Washington, D.C. 20580. Comments should be identified as ``Adhesive

Compositions Guides, 16 CFR Part 235--Comment.'' E-mail comments will

be accepted at [[email protected]]. Those who comment by e-mail should

give a mailing address to which an acknowledgment can be sent.

FOR FURTHER INFORMATION CONTACT:

Erika Wodinsky, Attorney, San Francisco Regional Office, Federal Trade

Commission, 901 Market Street, Suite 570, San Francisco, CA 94103,

telephone number (415) 356-5270, E-mail [[email protected]].

SUPPLEMENTARY INFORMATION:

I. Adhesive Composition Guides

The Commission promulgated the Adhesive Compositions Guides in

1967, 32 FR 15538 (Nov. 8, 1967), pursuant to section 5 of the Federal

Trade Commission Act (``FTC Act''), 15 U.S.C. 45.\1\

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\1\ Section 5 of the FTC Act declares unfair methods of

competition and unfair or deceptive acts or practices to be

unlawful.

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These Guides, like other industry guides issued by the Commission,

``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. Conduct inconsistent

with the Guides may result in corrective action by the Commission under

applicable statutory provisions.

The Guides contain eight parts. Guide 1 advises against

representing that an adhesive product is composed of metal or a

particular metal, or has the same intrinsic characteristics of that

metal, if the product does not, after application, have the same

physical and chemical properties as that metal. It also specifically

advises against, with certain exceptions, the use of the terms

``metal,'' ``iron,'' ``steel,'' ``aluminum,'' or other names of metals

to designate brand names of products that do not have the same chemical

or physical properties as the specified metal.

Guide 2 advises against the use of the terms ``solder'' or ``weld''

to describe a product that does not form a metallic seal or bond,

unless clear disclosure is made that the product is nonmetallic. Guide

3 addresses the use of the term ``porcelain,'' and advises against the

use of the name in connection with products which do not possess all of

the chemical and physical properties of porcelain.

Guide 4 applies to representations about epoxy adhesives. It

counsels against the use of representations that a product is an epoxy

adhesive unless the product is derived from specified chemical

substances, and, when applied in use, reacts with a hardening agent to

form an infusible and insoluble bond. Guide 5 addresses the use of the

word ``rubber,'' and advises against the use of that term in connection

with products that do not possess the essential characteristics of

rubber. Guide 6 is a general, overall statement about what types of

claims for adhesive products will be viewed as deceptive in advertising

or labeling. In particular, it addresses the use of representations

about the types of adhesive products specified in the Guides that are

likely to mislead or deceive purchasers about the nature, composition,

capabilities, durability, hardness, adhesive strength, lasting effect,

thermal or electrical properties, or resistance to deterioration of the

product. It specifically advises against making claims that a product

will seal or mend ``anything'' when there are materials that it cannot

seal or mend, or that a product will effect a ``permanent'' repair,

when the repair will not last as long as the product.

Guide 7 addresses representations that a product is ``guaranteed,''

without a clear and conspicuous disclosure of the extent of the

guarantee, any material conditions or limitations imposed by the

guarantor, the manner in which the guarantor will perform thereunder,

and the identity of the guarantor. Finally, Guide 8 advises against

manufacturers and distributors providing others with promotional

materials through which such persons may deceive consumers with respect

to adhesive products.

II. Regulatory Review Program

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 rescission. Therefore, the

Commission solicits comments on, among other things, the economic

impact of and the continuing need for the Adhesive Compositions Guides;

possible conflict between the Guides and state, local, or other federal

laws; and the effect on the Guides of any technological, economic, or

other industry changes.

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III. Request for Comment

The Commission solicits written public comments on the following

questions:

(1) Is there a continuing need for the Adhesive Compositions

Guides?

(a) what benefits have the Guides provided to purchasers of the

products affected by the Guides?

(b) Have the Guides imposed costs on purchasers?

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

the benefits of the Guides to purchasers?

(a) How would these changes affect the costs the Guides impose on

firms adhering to their advice? How would these changes affect the

benefits to purchasers?

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

compliance, have the Guides imposed on firms adhering to their advice?

(a) Have the Guides provided benefits to such firms? If so, what

benefits?

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

the burdens or costs imposed on firms adhering to their advice?

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

Guides?

(5) Do the Guides overlap or conflict with other federal, state, or

local laws or regulations?

(6) Since the Guides were issued, what effects, if any, have

changes in the global marketplace, relevant technology (such as the

Internet, e-mail, or CD ROM advertising), or economic conditions had on

the Guides? If so, in what manner? Does use of these changed

conditions, or this new technology affect consumers' rights or sellers'

responsibilities under the Guides?

(7) Are any portions of the Guides outdated or otherwise no longer

relevant in this industry? If yes, why?

(8) Are there industry standards covering any of the issued

addressed by the Guides? If yes, what are they?

List of Subjects in 16 CFR Part 235

Advertising, Adhesives, Labeling, Trade practices.

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

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98-9356 Filed 4-8-98; 8:45 am]

BILLING CODE 6750-01-M