Advisory opinion letter to Mr. Morcan

RE! APPLICABILITY OF DOC FF 2-70 TO TERRY BATH MATS BRIEF OF FIELDCREST MILLS, INC.

This request for advisory opinion is directed to the fundamental question of whether the Flammable Fabrics Act and the Standard For The Surface Flammability Of Small Carpets And Rugs (DOC FF 2-70) are properly applicable to terry bath mats.

AS used herein. a terry bath mat is defined as an absorbent. mat which (a) has dimensions of less than one square yard, (b) is woven on terry looms of textile fiber of a heavy terry construction. (c) has no face. pile or backing characteristic of a rug or carpet. and (d) is made and intended to be temporarily stood upon in the bathroom for water absorbency purposes immediately following the bath.

J. TERRY BATH MATS ARE RARELY ON THE FLOOR AND DO NOT POSSESS THE ESSENTIAL CHARACTERISTICS DESCRIBED IN THE DEFINITION OF SMALL CARPETS AND RUGS Part 1(c) of the Standard defines “Small Carpet” as fabric intended for use or may reasonably be expected to be used as a floor covering which is erposed to traffic in homes, ete. and, in Part 1(e). “Traffic Surface" ix defined as a surface of a small carpet or rug which is intended to be walked upon. A terry bath mat is an article specially made to provide the water absorbency of a towel and is normally on the floor only during the bath period. It is usually ADVISORY OPINIONS WITH REQUESTS THEREFOR 1073 1070 Request found on a hanger, rack, or tub at all other times. Its characteristics and functions are far more closely akin to a towel than a carpet or rug and it lacks any face, pile, backing, or skid resistance characteristic of a carpet or rug. It is made to be stood upon—not to withstand traffic or to be walked upon, characteristics essential to an article’s classification as a small carpet or rug under the Standard.

Any potential risk of its contact with electric heaters is the same as that of a towel and it should be classified as a towel product rather than a floor covering product.

If. THERE IS NO FACTUAL EVIDENCE OR HISTORY OF A TERRY BATH MAT BECOMING IGNITED OR SMOLDERING TO CAUSE INJURY OR DAMAGE The Notice of Standard in the Federal Register dated December 29, 1970, in subparagraph (c), recites the statutory requirement that the Standard “Is limited to small carpets and rugs which currently present the unreasonable risks specified in (a) above,” and under the “Intent of the Standard” section, it is stated that the intent is to afford “protection to the general public from an unreasonable risk of the occurrence of fire.” Many millions of terry bath mats have been in use all over the world for approximately 100 years. Petitioner and its predecessors have produced millions of these articles and have never received a complaint or any information that a terry bath mat has been involved in igniting or supporting a fire or smoke. There has been no showing of a need for regulation of terry bath mats to protect the public from unreasonable risk as required under the Flammable Fabrics Act and there have not been any allegations or evidence to support a determination that cotton terry bath mats constitute any risk whatsoever. There is strong evidence to the contrary in that terry bath mats meet the flammability standards for wearing apparel under the Flammable Fabrics Act. It is clear that a serious question exists as to the fulfillment of the statutory requirement of a finding of ‘unreasonable risk” in the case of terry bath mats. An interpretation that they are not included would lend much greater credence to the legality and validity of the Standard. Clearly, the statutory requirement of a showing of need for regulation has not been met with respect to this article. III. THE INITIAL NOTICE OF PROPOSED FLAMMABILITY STANDARD AS PUBLISHED IN THE FEDERAL REGISTER ON APRIL 16, 1970, ACKNOWLEDGED THAT BATH MATS WERE NOT A SERIOUS HAZARD Under the “Basis For Proposed Flammability Stanéard” .ection of the Notice, it is stated with respect to small rugs—‘For many uses, particularly as bath mats in bathrooms, they are not used under or near other combustible interior furnishings.” It is submitted that a terry bath mat is used only in the bathroom and is not suitable or interchangeable for use as a rug or carpet in any other room. Although a small rug or carpet may be multi-purpose, a terry bath mat is single purpose and constitutes a different and distinguishable article which, as stated in the above Notice, is not used under or near other combustible interior furnishings. Some may be used outside the bathroom as foot-wipe mats at home entrances or as sleeping mats for pets, but such use does not constitute use as a carpet or rug intended to be walked upon in the normal application. Request 79 F.T.C.

It is submitted that if and when flammability standards are established for bath towels, then terry bath mats should properly meet these standards. Iv, INCLUSION OF TERRY BATH MATS IN THE STANDARD IS NOT LOGICAL OR CONSISTENT WITH OTHER REGULATIONS UNDER THE ACT Terry towels and bath mats meet the flammability standards for wearing apparel under the Flammable Fabrics Act. Many garments are made from terry cloth. A determination that terry bath mats are hazardous on the floor while terry cloth is safe on the person is a paradox which the public and industry will find difficult and confusing. Logic dictates that such a situation should not be a part of a program intended to protect the public. It weakens the entire program and presents a vulnerable point to legal attack in the future. Y. A DETERMINATION THAT TERRY BATH MATS ARE FLOOR COVERING SUBJECT TO THE STANDARD IS NOT IN THE PUBLIC INTEREST If terry bath mats are ultimately determined to be subject to the Standard, manufacturers have three alternatives:

1. Treat presently used fibers against flammability. Treatments presently known adversely affect the texture or “hand” of the article and significantly add to its cost. The unattractive terry bath mat would lose a great deal of its consumer appeal and usually result in the consumer purchasing a small bath rug at a higher price. 2. Manufacture from different materials.

To do this results in a sacrifice in absorbency and an increase in price, making the article less salable with the result that the consumer would probably purchase a higher priced product.

3. Apply the required label when the Standard is not met. Retailers generally do not wish to handle any product that has an indication of hazard associated with it. The logical tendency will be to replace it with other articles serving the same purpose. all of which will be at a higher price. On this point, it is particularly tragic that an article which has been used safely for many years by the many millions of units and has never been proven or even indicated to be hazardous should be subject to the probability of greatly reduced usage due to an unnecessary and erroneous application of flammability standards which would have an effect contrary to the public interest the Standard is intended to serve.

It is submitted that cotton terry bath mats as defined above clearly distinguishes them from all other small rugs and carpets and are not properly within the scope, definition, and intention of the Flammable Fabrics Act or the Standard.

FIELDCREST MiLus, INc.,
(S) W. B. Lucas,
General Counsel.
AUGUST 31, 1971.

ADVISORY OPINIONS WITH REQUESTS THEREFOR 1075 Opinion Proposed Plan To Advertise and Use a Special Renewal Voucher Which May Be Applied to Subscription Renewals for “Changing Times” Magazine. (File No. 723 7004)*

Opinion Letter
Decemperr 10,1971
Dear Mr. Morcan:

This is in response to your letter of April 8, 1971, requesting Commission advice concerning a proposed plan to advertise and use a “special renewal voucher” which may be applied to subscription renewals for “Changing Times” magazine. As the Commission understands the facts, this voucher will be given to new subscribers who submit two dollars with their request for a trial subscription to “Changing Times.” The voucher is worth one dollar when it is applied to a one-year renewal subscription after the trial period expires.

The Commission has given this matter careful consideration and has determined that, based on the information furnished, it would not initiate proceedings under statutes it administers, provided the plan is

implemented in the manner described.
By direction of the Commission.
Supplemental Letter of Request
May 3,1971

Dear Mr. WENTz:

I certainly enjoyed our telephone conversation on Friday, and your ideas were most helpful to me.

Enclosed is a corrected copy of our radio commercial. This includes the stapled-on paragraph “B” at the bottom of Page 2, which you did not get, a slightly revised version of the final paragraph on Page 3 (to include the word “renewal”), and a revised first paragraph of the closing commercial along the lines you suggested. I believe these revisions should make the offer completely clear.

Thanks again for your help.
Sincerely,
(S) Boyce Morean,
Vice President.

*Because of the volume of materials submitted, all are not published. However, they are available for public inspection at the Division of Legal and Public Records, Federal Trade

Commission, Washington, D.C.
1076 FEDERAL TRADE COMMISSION DECISIONS
Request 79 ETC.
Letter of Request
Aprit 8,1971
Dear Mr. Pirorsxy:

We would very much appreciate an advisory opinion from the Federal Trade Commission on the following matter: We plan to use a voucher offering to new subscribers to Changing Times magazine, a $1 reduction on the subscription price, if and when they continue their subscription beyond the trial period. Attached is a rough layout of the voucher itself, which we would send to the new subscriber when we receive his trial subscription. It is marked “A”.

Also attached are the commercials used in our 15-minute radio programs. The portions of the commercials which refer to this proposed new cash-up offer are marked “B” and “C”.

For background, I am also enclosing one of our present direct mail packages offering a trial subscription to “Changing Times”. The slip marked “D” covers the Tax Booklet which we are currently offering as a cash-up. If our test of the $1 voucher on radio is successful, we may also test this voucher in our direct mail. What we are asking for specifically is your advisory opinion on this new voucher offer. However, we would also appreciate your comment on the way we qualify our use of the word “free” in our subscription offers. We have made a special effort to avoid any misunderstanding as to what the new subscriber must do to obtain our material. And we would like to be sure that our practices here are in line with the Commission’s thinking. It was a pleasure meeting you earlier this week. We'll look forward to receiving the advisory opinion as soon as it is convenient.

Sincerely,
(S) Boyce Moreay,
Vice President.
DECISIONS AND ORDERS
Page

Accessories, women’s and misses .. 2... ete ett eee tes 94

Advertising 2... 6. eee ee ees 674, 689
Aluminum siding .. 2... ee es 310
Antifreeze, “Prestone” 6... ee ee es 124

Appliances, household... 66-0 ee eet et es 344 Auto stabilizers . 2... ee ee ee ee te ee ee et 318 Automobiles, new and used . . . 127, 201, 292, 437, 752, 828, 834, 845, 929 Automobiles, used Volkswagen... .-- 6 ee eet te ee te es 504 Automotive accessories .....-- 2 ee eee tee tee ees 159

Baby food .. 06-6. eee ee eee ees 146, 152
Bakery products 2.0... 66 eee ee te es 101
Books . 2... ce ee 858
Box springs 2... ee ee ee es 135

Bread, ‘‘Profile”’ De eee ee ee ee ee ee ee ce ee 248 Breakfast food ... 2... eee ee ee ee eee vl. . 422 Brushes, household... 6... 2 ee eee ttt ee es 159 Cameras, specialized .. 6.61 ee ee ee ee es 976 Candy 2... ee ee 101 Caps, hospital, disposable paper... - 6) ee tet tee es 447

Carpeting, textile fiber ©... ee ee es 188
Carpet yarns «6... ee ee 188, 232
Chemicals . 1... ce ee ee 837
Chinchillas . 2... ee ee ee ee ee ee ee 204
Cigarettes 2. ee es 255
Cigays 2. ee ee 329

Cleaners andsolvents ....-...- +e eee eee tee tee ete 538 Cleaners and waxes, household, commercial and industrial .........- 107 Coats, women’s fake fur... 1. ee ee es 244 Compressed air dryers ©... 6. ee eee te es 191 Correspondence course, airlines) . 2.6. 1 ee es 980 Cosmetics 117, 297 Credit card service .....-.. 22 ee eet ee te ee es 214, 653 Credit reporting service ©. 1... ee ee ee es 919 Diamonds ....... 2.0. eee ee et ee ee ee ee ee eee 286 Disposable paper caps, face masks andhats ....-.--.-++-++--; 170, 447 Dresses, party and bridesmaids ....-- 2+ ee ee eee ee ree ees 219 Drugs 2... ee ee 117 Electrical accessories . 2... 2. ee ee ee es 159 Electrical appliances .......-.-+--:- Lee ee ee ee 130, 518 1Commodities involved in dismissing or vacating orders are indicated by italicized page reference.