[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27240-27241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12580]



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FEDERAL TRADE COMMISSION

16 CFR Part 400


Trade Regulation Rule: Advertising and Labeling as to Size of 
Sleeping Bags

AGENCY: Federal Trade Commission.

ACTION: Advance notice of proposed rulemaking (ANPR).

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SUMMARY: The Federal Trade Commission (``Commission'') proposes to 
repeal its Trade Regulation Rule entitled ``Advertising and Labeling as 
to Size of Sleeping Bags'' (``Sleeping Bag Rule''), 16 CFR part 400. 
The proceeding will address whether the Sleeping Bag Rule should be 
repealed or remain in effect. The Commission is soliciting written 
comment, data and arguments concerning this proposal.

DATES: Written comments must be submitted on or before June 22, 1995.

ADDRESSES: Written comments should be identified as ``16 CFR Part 400'' 
and sent to Secretary, Federal Trade Commission, 6th Street & 
Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:
John A. Crowley, Esq., (202) 326-3280, Division of Service Industry 
Practices, Bureau of Consumer Protection, Federal Trade Commission, 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

Part A--Background Information

    This notice is published pursuant to Section 18 of the Federal 
Trade Commission Act, 15 U.S.C. 57a et seq., 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 commerce 
within the meaning of section 5(a)(1) of the FTC Act, 15 U.S.C. 
45(a)(1).
    The Sleeping Bag Rule, promulgated by the Commission on October 11, 
1963, declares that it is an unfair method of competition and an unfair 
or deceptive act or practice to use the ``cut size'' of the materials 
from which a sleeping bag is made to describe the size of a sleeping 
bag in advertising, labeling or marking unless:
    (1) ``The dimensions of the cut size are accurate measurements of 
the yard goods used in construction of the sleeping bags''; and
    (2) ``Such `cut size' dimensions are accompanied by the words `cut 
size' ''; and
    (3) The reference to ``cut size'' is ``accompanied by a clear and 
conspicuous disclosure of the length and width of the finished products 
and by an explanation that such dimensions constitute the finished 
size.''
    The Commission periodically reviews the rules and guides it has 
promulgated, seeking information about the costs and benefits of such 
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. Pursuant to its review 
schedule, on April 19, 1993, the Commission published in the Federal 
Register a request for public comments on the Sleeping Bag Rule. 58 FR 
21095. The Commission asked commenters to address questions relating to 
the costs and benefits of the rule, the burdens it imposes, and the 
basis for assessing whether it should be retained, or amended.
    The Commission received only one comment relating to the Sleeping 
Bag Rule. The commenter stated that there was a continuing need for the 
rule to deter deceptive practices.
    Prior to the request for comments, Commission staff conducted an 
informal inquiry and inspected sleeping bags at several national chain 
stores. This inquiry found no violations of the Rule on either the 
sleeping bag packaging materials or the labels affixed to the product 
itself. In fact, it appeared from [[Page 27241]] that limited inquiry 
that industry products were marked with only the finished size. 
Additionally, the Commission has no record of receiving any complaints 
regarding non-compliance with the rule, or of initiating any law 
enforcement actions alleging violations of the rule's requirements. 
Finally, the Uniform Packaging and Labeling Regulation, which has been 
adopted by 47 states, regulates the labeling of sleeping bags, and 
appears to provide that these items must be labeled with their finished 
size.

Part B--Objectives

    Based on the review described above, the Commission has determined 
that there may no longer be a need to continue the Sleeping Bag Rule in 
light of the apparent changes in industry practices and the existence 
of laws in nearly all of the states that appear to mandate point-of-
sale disclosures similar to those required by the rule. The objective 
of this notice is to solicit comment on whether the Commission should 
initiate a rulemaking proceeding to repeal the Sleeping Bag Rule.

Part C--Alternative Actions

    The Commission is not aware of any feasible alternatives to either 
repealing or retaining the Sleeping Bag Rule.

Part D--Request for Comments
    Members of the public are invited to comment on any issues or 
concerns they believe are relevant or appropriate to the Commission's 
review of the Sleeping Bag Rule. Comments submitted during the 
regulatory review proceeding described above will be made part of the 
record, and need not be resubmitted. A comment that includes the 
reasoning or basis for a proposition will likely be more persuasive 
than a comment without supporting information. The Commission requests 
that factual data upon which the comments are based be submitted with 
the comments. In this section, the Commission identifies a number of 
issues on which it solicits public comment. The identification of 
issues is designed to assist the public to comment on relevant matters 
and should not be construed as a limitation on the issues on which 
public comment may be submitted.

Questions

    (1) Do manufacturers and sellers of sleeping bags currently use 
``cut size'' as a means of marking the size of their products for sale 
at retail to consumers?
    (2) Does the fact that nearly all of the states have adopted the 
Uniform Packaging and Labeling Regulation, which governs the labeling 
of sleeping bags, eliminate or greatly lessen the need for the Sleeping 
Bag Rule?
    (3) What are the benefits to consumers from the rule?
    (4) What are the costs to industry imposed by the rule?
    (5) Is there a continuing need for the rule or should the rule be 
repealed?

    Authority: Sec. 18(d)(2)(B) of the Federal Trade Commission Act, 
15 U.S.C. 57a(d)(2)(B).

List of Subjects in 16 CFR Part 400

    Advertising, Trade practices, Sleeping bags.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-12580 Filed 5-22-95; 8:45 am]
BILLING CODE 6750-01-M