Request for Comment Concerning Guides for the Dog and Cat Food Industry

FEDERAL TRADE COMMISSION

16 CFR Part 241

Request for Comment Concerning Guides for the Dog and Cat Food

Industry

AGENCY: Federal Trade Commission.

ACTION: Request for public comment.

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

comment on the overall costs and benefits and the continuing need for

its Guides for the Dog and Cat Food Industry (``the Dog and Cat Food

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 May 17, 1999.

ADDRESSES: Mailed comments should be directed to: Secretary, Federal

Trade Commission, Room H-159, 600 Pennsylvania Ave., NW., Washington,

DC 20580. Mailed comments should be identified as ``Dog and Cat Food

Guides, 16 CFR Part 241--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: Jock K. Chung, Attorney, Federal Trade

Commission, Washington, DC 20580, telephone number (202) 326-2984.

SUPPLEMENTARY INFORMATION:

I. Background

The Commission promulgated the Dog and Cat Food Guides on February

28, 1969, 34 FR 3619 (1969), under 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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The Guides cover food for dogs or cats, including dry, semimoist,

frozen, canned, and other commercial foods manufactured or marketed for

consumption by domesticated dogs or cats, as well as special candy for

dogs and cats, but not animal medicines or remedies. The Guides apply

to any person, firm, corporation, or organization engaged in the

importation, manufacture, sale or distribution of dog or cat food. In

summary, the Dog and Cat Food Guides advise against:

(1) Misrepresenting dog or cat food in any material respect; for

example, misrepresenting the composition, form, suitability, quality,

color, flavor of any dog or cat food; misrepresenting that any dog or

cat food meets the dietary or nutritional needs of dogs and cats; or

misrepresenting that any dog or cat food will provide medicinal or

therapeutic benefits;

(2) Misrepresenting that any dog or cat food is fit for human

consumption or has been made under the same sanitary conditions as food

for humans;

(3) Misrepresenting the processing methods used in the manufacture

or processing of any dog or cat food;

(4) Making false statements about the conduct of competitors or

about the quality of competitors' products;

(5) misrepresenting the length of time a dog or cat food company

has been in business, its rank in the industry, or that it owns

laboratory or other testing facilities;

(6) using deceptive endorsements or testimonials, or deceptively

claiming that any dog or cat food has received an award;

(7) offering for sale any dog or cat food when the offer is not a

bona fide effort to sell the product so offered as advertised and at

the advertised price;

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(8) failing to include details, such as the manner in which the

guarantor will perform and the identity of the guarantor, for all

guarantees or warranties offered for dog and cat food; and

(9) misrepresenting the price at which any dog or cat food may be

purchased.

II. Regulatory Review Program

The Commission has determined to review all current Commission

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 comment on, among other

things, the economic impact of and the continuing need for the Dog and

Cat Food Guides; possible conflict between the Guides and state, local,

or federal laws; and the effect on the Guides of any technologies,

economic, or other industry changes.

III. Request for Comment

The Commission solicits written public comment on the following

questions:

(1) Is there a continuing need for the Dog and Cat Food Guides?

(a) What benefits have the Guides provided to purchasers of the dog

or cat food products covered 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? How would these changes

effect the costs the Guides impose on firms that conform to the Guides?

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 that conform to the

Guides? 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 that conform to the Guides? 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 relevant technology or economic conditions had on the

Guides? For example, do sellers use E-mail or the Internet to promote

or sell dog or cat good products covered by the Guides? If so, in what

manner? Does use of this new technology affect consumers' rights of

sellers' responsibilities under the Guides?

(7) Are there private industry standards addressing the practices

covered by the Guides?

(8) Are there any abuses occurring in the promotion, sale, or

distribution of dog or cat food products covered by the Guides that are

not dealt with in the Guides? If so, what mechanisms should be explored

to address such abuses (e.g., consumer education, industry self-

regulation, revisions to the Guides)?

List of Subjects in 16 CFR Part 241

Advertising, Animal food, Foods, Labeling, Pets, Trade practices.

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

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 99-6597 Filed 3-17-99; 8:45 am]

BILLING CODE 6750-01-M