Billing Code 6750-01-P 

FEDERAL TRADE COMMISSION 

16 CFR Part 453 

RIN: 3084-AB55 

Public Workshop Examining Potential Amendments to the Funeral Rule 

AGENCY: Federal Trade Commission. 

ACTION: Public workshop; request for public comment. 

SUMMARY: The Federal Trade Commission (“FTC” or “Commission”) will hold an in-person 

public workshop relating to its November 2, 2022, advance notice of proposed rulemaking 

(“2022 ANPR”) on the Trade Regulation Rule entitled the “Funeral Industry Practices Rule” 

(“Funeral Rule” or “Rule”). The workshop will explore issues relating to the Funeral Rule’s 

General Price List (“GPL”) requirements, including whether and how funeral providers should 

be required to provide price lists electronically or online, and other issues raised in the comments 

received in response to the 2022 ANPR. 

DATES: The public workshop will be held on September 7, 2023, from 9:30am until 3:30pm at 

the Constitution Center Conference Center, located at 400 7th Street SW, Washington, DC 

20024. The workshop will also be available for viewing via live webcast. Requests to participate 

as a panelist must be received by June 19, 2023. Any written comments related to the issues 

discussed at the workshop must be received by October 10, 2023. 

ADDRESSES: Interested parties may file a comment or a request to participate as a panelist 

online or on paper, by following the instructions in the Filing Comments and Requests to 

Participate as a Panelist part (Section IV) of the SUPPLEMENTARY INFORMATION 

section below. Write “Funeral Rule Workshop, Project No. P034410” on your comment or 

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request to participate as a panelist. File your comment through https://www.regulations.gov. File 

your request to participate as a panelist by email to: funeralrule@ftc.gov. If you prefer to file 

your comment or request to participate on paper, write “Funeral Rule Workshop, Project No. 

P034410” on your comment or request to participate, and on the envelope, and mail your 

comment or request to participate to the Federal Trade Commission, Office of the Secretary, 600 

Pennsylvania Avenue NW, Suite CC–5610 (Annex F), Washington, DC 20580. 

FOR FURTHER INFORMATION CONTACT: Melissa Dickey, Division of Marketing 

Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania 

Avenue, NW, Washington, DC 20580, (202) 326-2662; and Samantha Denny, Midwest Region, 

Federal Trade Commission, 230 S. Dearborn, Suite 3030, Chicago, IL 60604, (312) 960-5623. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Commission issued the Funeral Rule on September 24, 1982, and it became fully 

effective on April 30, 1984.0F

1 The Funeral Rule’s goals are to lower barriers to price competition 

in the funeral goods and services market and to facilitate informed consumer choice.1F

2 The Rule 

helps to achieve these goals by ensuring that: (1) consumers have access to sufficient information 

to permit them to make informed decisions; (2) consumers are not required to purchase goods 

1 Portions of the Rule became effective on January 1, 1984, and others became effective on April 30, 1984. See 48 

FR 45537, 45538 (Oct. 6, 1983); 49 FR 564 (Jan. 5, 1984). Several funeral progviders challenged the Rule, but it 

was upheld by the Fourth Circuit. Harry and Bryant Co. v. FTC, 726 F.2d 993 (4th Cir. 1984), cert. denied, 469 

U.S. 820 (1984). The Rule was amended on July 19, 1994 (59 FR 1592 (Jan. 11, 1994)), and the Third Circuit 

upheld the amended Rule following a challenge. See Pennsylvania Funeral Directors Ass’n, Inc. v. FTC, 41 F.3d 81, 

83 (3rd Cir. 1994). On March 14, 2008, the Commission completed a regulatory review and concluded the Rule was 

still needed and should be retained. See 73 FR 13740, 13742 (Mar. 14, 2008). 2 See Original Funeral Rule Statement of Basis and Purpose, 47 FR 42260, 42260 (Sept. 24, 1982). 

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and services they do not want and are not required to purchase by law; and (3) 

misrepresentations are not used to influence consumers’ decisions.2F

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Among other things, the Rule specifies it is an unfair or deceptive act or practice for a 

funeral provider to: (1) fail to furnish accurate price information to the purchaser disclosing the 

cost for each of the specific funeral goods or services used in connection with the disposition of 

deceased human remains;3F

4 (2) condition the furnishing of any funeral good or funeral service 

upon the purchase of any other funeral good or funeral service, or charge a fee as a condition for 

furnishing any goods or services (e.g., a “casket handling” fee to consumers who provide their 

own casket); 4F

5 or (3) embalm the deceased for a fee without authorization when embalming is not 

required by law.5F

6 The Rule also specifies it is an unfair or deceptive act or practice for a funeral 

provider to misrepresent certain legal or cemetery requirements, including those for embalming, 

caskets or burial containers, or any other funeral good or service.6F

7 

The Rule sets forth preventative requirements in the form of itemized price and 

information disclosures to ensure funeral providers do not engage in the unfair or deceptive acts 

or practices described in the foregoing paragraph. First, the Rule requires funeral providers to 

provide persons inquiring in-person about funeral goods or services with a GPL, which lists the 

goods and services they offer and their itemized prices, along with specific disclosures.7F

8 Second, 

the Rule requires funeral providers to show persons inquiring in-person a Casket Price List 

(“CPL”) identifying the caskets and alternative containers they offer, and an Outer Burial 

Container Price List (“OBCPL”) listing the vaults and grave liners they offer, along with specific 

3 See id. 4 16 CFR 453.2(a). 

5 16 CFR 453.4(b)(1). 6 16 CFR 453.5(a). 

7 See 16 CFR 453.3-453.5 (listing additional unfair or deceptive acts or practices and preventative requirements). 8 16 CFR. 453.2(b)(4). 

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disclosures.8F

9 Third, funeral providers are required to tell persons “who ask by telephone about 

the funeral provider’s offerings or prices . . . any accurate information” from the GPL, CPL, or 

OBCPL, “and any other readily available information that reasonably answers the question.”9F

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Fourth, the Rule requires that, at the conclusion of the discussion of arrangements, funeral 

providers provide consumers with an itemized statement showing all the items selected by the 

customer and the itemized and total costs for those goods and services, along with other specific 

11 disclosures.10F

On February 14, 2020, the Commission initiated a review of the Rule as part of its 

periodic review of its rules and guides, and solicited comments on, among other issues, the 

continued usefulness of the Rule.11F

12 In response to its request for comments, the Commission 

received 785 comments from a diverse group of respondents. Most commenters supported the 

retention of the Rule, with many commenters proposing changes to its requirements. 

On November 2, 2022, the Commission published an advance notice of proposed 

rulemaking (“ANPR”) in the Federal Register, announcing the Commission was considering 

several potential amendments to the Rule.12F

13 The Commission sought comment about seven topic 

areas: (1) whether and how funeral providers should be required to display or distribute their 

price information online or through electronic media; (2) whether funeral providers should be 

required to disclose third party crematory or other fees on the GPL; (3) whether the Rule’s 

requirements regarding reduced basic services fees should be amended; (4) whether the Rule 

should be amended to account for new forms of disposition of human remains; (5) whether the 

9 16 CFR 453.2(b)(2)-(3). 10 16 CFR 453.2(b)(1). 11 16 CFR 453.2(b)(5). 12 85 FR 8490 (Feb. 14, 2020). 13 87 FR 66096 (Nov. 2, 2022). 

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Rule’s embalming disclosure requirements should be amended; (6) whether the Rule should be 

changed to improve the readability of the price lists; and (7) whether changes should be made to 

the Rule to avoid negatively impacting underserved communities.13F

14 The comment period, as 

extended, closed on January 17, 2023.14F

15 In response to the ANPR, the Commission received 

over 663 comments, including comments from consumers, consumer advocates, funeral homes, 

and industry advocates. 

II. Issues for Discussion at the Workshop 

As part of its rulemaking, the FTC is hosting an in-person public workshop to seek 

information about the potential amendments described in the 2022 ANPR. The workshop may 

cover such topics as: 

1) Online or electronic disclosures of price information; 

2) New forms of disposition of human remains; and 

3) The GPL, including the readability of the GPL, the Rule’s embalming disclosure 

requirement and other mandatory disclosures, whether third-party crematory fees and 

other third-party fees should be disclosed in the GPL, and whether funeral providers 

should be required or permitted to give out GPLs in languages other than English in any 

circumstances. 

A more detailed agenda will be published at a later date, in advance of the scheduled workshop. 

14 See id. at 66111–14. 15 See Press Release, FTC, FTC Extends Public Comment Period on Potential Funeral Rule Changes to January 17, 

2023 (Dec. 21, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/12/ftc-extends-public-commentperiod-potential-funeral-rule-changes-january-17-2023. 

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III. Public Participation Information 

A. Workshop Attendance 

The in-person workshop, which is free and open to the public, will be conducted in a 

roundtable format and will be held at the Constitution Center, 400 7th Street SW, Washington, 

DC 20024. For admittance to the Constitution Center, all attendees must show valid governmentissued photo identification, such as a driver’s license. Please arrive early enough to allow 

adequate time for this process. The workshop will also be available for viewing via live webcast 

on the FTC’s website at https://www.ftc.gov/news-events/events/2023/09/funeral-rule-workshop. 

A court reporter will be present to record the proceedings so a transcription can be made 

for the public record. This event may also be photographed, videotaped, webcast, or otherwise 

recorded. By participating in this event, you are agreeing that your image—and anything you say 

or submit—may be posted indefinitely at https://www.ftc.gov or on one of the Commission’s 

publicly available social media sites. 

B. Requests to Participate as a Panelist 

The workshop will be organized into one or more panels, which will address the 

designated topics. Panelists will be selected by FTC staff. Other attendees will have an 

opportunity to comment and ask questions. The Commission will place a transcript of the 

proceeding on the public record. Requests to participate as a panelist must be received on or 

before June 19, 2023, as explained in Section IV below. Persons selected as panelists will be 

notified on or before August 16, 2023. 

Disclosing funding sources promotes transparency, ensures objectivity, and maintains the 

public’s trust. If chosen, prospective panelists will be required to disclose the source of any 

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support they received in connection with their participation in the workshop. This information 

will be included in the published panelist bios as part of the workshop record. 

C. Electronic and Paper Comments 

The submission of comments is not required for participation in the workshop. If a person 

wishes to submit paper or electronic comments related to the issues discussed at the workshop, 

such comments should be filed as prescribed in Section IV of this document and must be 

received on or before October 10, 2023. The Commission invites comments only on the specific 

issues discussed at the workshop. 

IV. Filing Comments and Requests to Participate as a Panelist 

You can file a comment online or on paper. For the Commission to consider your 

comment, we must receive it on or before October 10, 2023. Write “Funeral Rule Workshop, 

Project No. P034410” on your comment. Your comment—including your name and your state— 

will be placed on the public record of this proceeding, including, to the extent practicable, on the 

publicly available website, https://www.regulations.gov. 

Postal mail addressed to the Commission is subject to delay due to heightened security 

screening. As a result, we encourage you to submit your comments online, or to send them to the 

Commission by overnight service. To make sure the Commission considers your online 

comment, you must file it through the https://www.regulations.gov website by following the 

instructions on the web-based form provided. 

Because your comment will be placed on the public record, you are solely responsible for 

making sure your comment does not include any sensitive or confidential information. In 

particular, your comment should not include any sensitive personal information, such as your or 

anyone else’s Social Security number; date of birth; driver’s license number or other state 

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identification number, or foreign country equivalent; passport number, financial account number, 

or credit or debit card number. You are also solely responsible for making sure your comment 

does not include any sensitive health information, such as medical records or other individually 

identifiable health information. In addition, your comment should not include any “trade secret 

or any commercial or financial information which . . . is privileged or confidential”—as provided 

by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including, in particular, competitively sensitive information, such as costs, sales statistics, 

inventories, formulas, patterns, devices, manufacturing processes, or customer names. 

Comments containing material for which confidential treatment is requested must be filed 

in paper form, must be clearly labeled “Confidential,” and must comply with FTC Rule 4.9(c). In 

particular, the written request for confidential treatment that accompanies the comment must 

include the factual and legal basis for the request and must identify the specific portions of the 

comments to be withheld from the public record. 16 Your comment will be kept confidential only 15F

if the General Counsel grants your request in accordance with the law and the public interest. 

Once your comment has been posted on the https://www.regulations.gov website, we cannot 

redact or remove your comment, unless you submit a confidentiality request that meets the 

requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that 

request. 

Requests to participate as a panelist at the workshop should be submitted electronically to 

funeralrule@ftc.gov, or, if mailed, should be submitted in the manner detailed below. For the 

Commission to consider your request to participate as a panelist, we must receive it by June 19, 

2023. Parties are asked to include in their requests a brief statement setting forth their expertise 

16 See 16 CFR 4.9(c). 

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in or knowledge of the issues on which the workshop will focus, as well as their contact 

information, including a telephone number and email address (if available), to enable FTC staff 

to notify them if they are selected. 

If you file request to participate on paper, write “Funeral Rule Workshop, Project No. 

P034410” on your request to participate, and on the envelope, and mail your request to 

participate to the Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue, 

NW, Suite CC–5610 (Annex F), Washington, DC 20580. If possible, submit your request to 

participate to the Commission by overnight service. 

Visit the Commission website at https://www.ftc.gov to read this document and the news 

release describing it. The FTC Act and other laws the Commission administers permit the 

collection of public comments to consider and use in this proceeding as appropriate. The 

Commission will consider all timely and responsive public comments it receives on or before 

October 10, 2023. The Commission will consider all timely requests to participate as a panelist 

in the workshop it receives by June 19, 2023. For information on the Commission’s privacy 

policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/siteinformation/privacy-policy. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

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