Children’s Advertising;1 Request for Comment on Staffs Proposal to Terminate Rulemaking Proceedings

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BILUNG CODE 3410-02-M FEDERAL TRADE COMMISSION 16 CFR Part 461 Children’s Advertising;1 Request for Comment on Staffs Proposal to Terminate Rulemaking Proceedings AGENCY: Federal Trade Commission. ACTION: Proposed termination of proceeding; request for comment. s u m m a r y : The Federal Trade Commission is seeking public comment on the Staffs proposal to terminate proceedings for the promulgation of a Trade Regulation Rule on children’s advertising. The proposal to terminate rulemaking was recommended in a staff report. The Commission will not receive or consider at this time additional evidence on the subject of children’s advertising. The publication of this document commences a sixty (60) day period for public comment to be filed on this proposal.

DATE: Comments should be received on or before June 8,1981. ADDRESSES: Comments should be sent to: Secretary, Federal Trade Commission, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20580. 'See 43 FR 17967, April 27.1978.

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21020 Federal Register / VoL 46, No. 67 / W ednesday, April 8, 1981 / Proposed Rules Comments should refer to TRR NO. 215- 60. Agencies and organizations are requested to submit comments in triplicate.

Additional Materials Available For Review: Copies of the Final Report and Recommendation of the staff discussed in this Notice may be obtained from: Public Reference Room, Room 130, Federal Trade Commission, 6th and Pennsylvania Avenue, NW., Washington, D.C. 20580 (202-523-3598). FOR FURTHER INFORMATION CONTACT: Wallace S. Snyder, Assistant Director, or Judith P. Wilkenfeld, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. 20580 (Telephone 202-724-1499 and 202-724- 1467 respectively).

SUPPLEMENTARY INFORMATION: On June 18.1980 the Commission instructed the staff to prepare recommendations concerning further proceedings in the matter of a Trade Regulation Rule concerning children’s advertising and notifying interested parties of an opportunity to comment. The staff was to prepare recommendations regarding “(1) what courses of action might be undertaken by the Commission, including further rulemaking proceedings; alternatives or complements to such proceedings; and an assessment of each course of action. “(2) the text of a proposed rule, should the Commission determine that further rulemaking proceedings are appropriate." The Commission order requested that recommendations be submitted by October 15,1980 and additionally the order notified the public that “(r)egardless of the nature of the recommendations, the Commission will, upon their receipt, solicit public comment regarding the recommendations themselves and, more generally, regarding the future course of this proceeding. Following receipt of public comments, the Commission will determine whether to resume this proceeding, and, if the matter is resumed, will publish the text of a proposed rule.”

The staff received an extension of the October 15,1980 deadline until February 15.1981 to submit the requested report or a status report describing the progress of informal meetings then underway with interested parties about alternatives to a formal proceeding. The staffs report on the status of informal meetings was submitted on February 17,1981 and placed on the public record by the Commission on February 20,1981. The staff recommended that informal meetings with interested parties on the subject of alternatives to formal rulemaking be discontinued. The staff additionally informed the Commission that it would complete its analysis of the rulemaking record and file its recommendations in this matter on March 31,1981. On March 31,1981 staff submitted its Final Report and Recommendation to the Commission. In that Report, staff recommends that all proceedings for the promulgation of a Trade Regulation Rule for children’s advertising be terminated. Specifically, the staff concludes that the record does support the following conclusions regarding child-oriented television advertising and young children six and under: (1) young children place indiscriminate trust in televised advertising messages; (2) they do not understand the persuasive bias in television advertising; and (3) the techniques, focus and themes used in child-oriented television advertising enhance the appeal of the advertising message and die advertised product for the young child. Consequently, the young child does not possess the cognitive ability to evaluate adequately child-oriented television advertising. However, according to the staff, although these conclusions can be drawn from the evidence, the record establishes that the only effective remedy would be a ban on all advertisements oriented toward young children, and such a ban, as a practical matter, cannot be implemented. Therefore, staff recommends that rulemaking in this portion of the case be terminated. This recommendation obviates the need for the Commission to consider the serious legal and policy questions that would be raised by any proposed ban.

The staff also concludes that the rulemaking record establishes that advertising for sugared products is concentrated on children’s television and that this advertising persuades children to ask for the advertised product. However, the evidence on the record is inconclusive as to whether this advertising adversely affects children’s attitudes about nutrition and, therefore, staff recommends that .rulemaking on this issue be terminated. Finally, with regard to dental health, the Staff concludes that the rulemaking record establishes that dental caries is a major childhood disease, and that the consumption of sugar contributes to the formation of dental caries. Evidence on the record also establishes that there are a number of factors other than the sugar content of a food which are important contributors to the formation of dental caries. However, it became apparent during the course of the proceeding that there is no scientific methodology for determining the cariogenicity of individual food products which is sufficiently scientifically accepted to justify formulation of a government mandated rule. Since such identification would be a threshold step in the implementation of any proposed rule, the lack of a methodology makes it currently impossible to regulate childoriented advertising for food products on the ground that such products contribute to dental caries. Thus, staff recommends that the rulemaking be terminated on this issue as well. A detailed explanation for these findings and the staffs recommendation can be found in the staffs Final Report and Recommendation which is on file with the Commission and can be obtained by any interested party from the Public Reference Room of the Commission.

Therefore, by this Notice, the Commission seeks comments only on the staffs proposal (as contained in its Final Report and Recommendation) that proceedings for the promulgation of a Trade Regulation Rule for children’s advertising be terminated. The Commission does not desire to receive and will not consider additional evidence on the subject of children’s advertising.

By direction of the Commission. Commissioners Pertschuk and Pitofsky did not participate.

Carol M. Thomas, Secretary.

[FR Doc. 81-10595 Filed 4-7-81; 8:45 am]