FTC Proposes Changes to Rules on Packaging and Labeling
The Federal Trade Commission is proposing changes to its Fair Packaging and Labeling Act regulations (here), in response to comments received by individuals, professional associations, a manufacturer and a Nigerian police assistance organization. The proposed amendments clarify certain labeling rules and remove outdated requirements. Comments on the proposed rule are due March 30. Highlights of the proposed changes are as follows:
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Place of business listing requirement. The proposed rule would allow companies not to list their street addresses on packaging as long as the address is available on a website. The regulations currently allow companies to omit their address if it’s listed in a phone book.
Allow use of exponents for customary measurements. Currently, the regulations allow for the use of an exponent for metric measurements (i.e., cm3 for cubic centimeters), but make no mention of doing the same for customary inch/pound measurements (i.e., in3 for cubic inches). Although use of exponents for customary measurements is currently allowed, the FTC is proposing to amend the regulations to specifically provide for their use.
Delete prohibitions on retail price representations. The regulations currently have provisions on when and how a packager or labeler can represent a commodity to be “cents off,” an “introductory offer” or “economy size.” The provisions were added to address deceptive practices in the 1960s and 1970s, but the representations are no longer commonly used. The FTC proposes to eliminate the restrictions because they are outdated.
Other changes. The FTC is proposing to adopt a more detailed metric/customary conversion table in its regulations. It also proposes to add a statement to the regulations cautioning that states may still regulate products that are exempt from the FTC regulations.
(Federal Register 02/02/15)