FTC ANPR Seeks Input on Care Labeling Rule for Apparel

July 8, 2011 by Karen Marzullo|CPSC and Textiles

As part of a systematic review of all current rules and guides, the Federal Trade Commission has issued an advance notice of proposed rulemaking seeking public comment on its rule that requires manufacturers and importers to attach labels with care instructions for apparel, so consumers have reliable instructions for washing, bleaching, drying and ironing their clothing.

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Comments are due by September 6, 2011.

FTC Seeks Comments on Labeling Rule, Use of Care Symbols, Instructions in Other Languages

Specifically, the FTC is seeking comments on the overall costs, benefits, necessity, and regulatory and economic impact of the FTC’s Rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended (Rule) (provided for in 16 CFR Part 423 -- available here).¹

The FTC also seeks comments on whether it should modify the Rule’s provision permitting the use of care symbols or modify the Rule to address either the disclosure of care instructions in languages other than English or the practice of professional wetcleaning.

ISO, ASTM Standards May Warrant Amendments to the Rule

According to the FTC, the International Organization for Standardization has now developed standards relating to wetcleaning², which may warrant amendments to the Rule.

In addition, the ASTM International has developed ASTM D5489-07 “Standard Guide for Care Symbols for Care Instructions on Textile Products,” an updated version of the ASTM standard referenced in 16 CFR 423.8(g). That section provides that the symbol system set forth in ASTM Standard D5489 96c “Guide to Care Symbols for Care Instructions on Consumer Textile Products” may be used on care labels or instructions in lieu of words. Some labels use symbols other than those allowed by the Rule.

Further, some labels provide care instructions in English and other languages which may warrant amendments regarding the use of symbols, such as updating the Rule to reference the latest ASTM standard, and disclosure of care instructions in multiple languages.

FTC Seeks Comments on Specific Questions

The FTC solicits comments on the following specific questions related to the Rule (see ANPR for additional details):

Is there a continuing need for the Rule as currently promulgated? Why or why not?
What benefits has the Rule provided to, or what significant costs has the Rule imposed on, consumers?
What modifications, if any, should the FTC make to the Rule to increase its benefits or reduce its costs to consumers?
What impact has the Rule had on the flow of truthful information to consumers and on the flow of deceptive information to consumers?
What benefits, if any, has the Rule provided to, or what significant costs, including costs of compliance, has the Rule imposed on businesses, particularly small businesses?
What modifications, if any, should be made to the Rule to increase its benefits or reduce its costs to businesses, particularly small businesses?
Provide any evidence concerning the degree of industry compliance with the Rule. Does this evidence indicate that the Rule should be modified? If so, why, and how? If not, why not?
Provide any evidence concerning whether any of the Rule’s provisions are no longer necessary.
What potentially unfair or deceptive practices concerning care labeling, not covered by the Rule, are occurring in the marketplace?
What modifications, if any, should be made to the Rule to account for current or impending changes in technology or economic conditions?
Does the Rule overlap or conflict with other federal, state, or local laws or regulations? If so, how?
Are there foreign or international laws, regulations, or standards with respect to care labeling that the FTC should consider as it reviews the Rule? If so, what are they?
Should the FTC modify the Rule to address the use of professional wetcleaning? If so, why and how? If not, why not?
Should the FTC modify the Rule to address the development of ASTM D5489-07 “Standard Guide for Care Symbols for Care Instructions on Textile Products” or the use of symbols other than those set forth in the ASTM Standard D5489 96c “Guide to Care Symbols for Care Instructions on Consumer Textile Products”? If so, why and how? If not, why not?
Should the FTC modify the Rule to address disclosure of care instructions in languages other than English? If so, why and how? If not, why not?

¹The Rule makes it an unfair or deceptive act or practice for manufacturers and importers of textile wearing apparel and certain piece goods to sell these items without attaching care labels stating “what regular care is needed for the ordinary use of the product.” The Rule also requires that the manufacturer or importer possess, prior to sale, a reasonable basis for the care instructions, and allows the use of approved care symbols in lieu of words to disclose care instructions.

²These include ISO 3175-4: 2003, “Textiles Professional care, drycleaning and wetcleaning of fabrics and garments Part 4: Procedure for testing performance when cleaning and finishing using simulated wetcleaning” and ISO 3758: 2005, “Textiles Care labelling code using symbols.”

FTC contact - Robert Frisby (202) 326-209

FTC press release is available here.

The published Federal Register notice is available here.