Guides for the Nursery Industry, 20776-20777 [2019-09745]
Download as PDF
20776
Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Rules and Regulations
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
§ 71.1
I. Background
The Commission issued the Guides
for the Nursery Industry in 1979.1 These
Guides address various sales claims for
outdoor plants, including
representations regarding quantity, size,
grade, kind, species, age, maturity,
condition, vigor, hardiness, growth
ability, price, and origin or place where
grown. The Commission amended the
Guides in 1994 to update legal
terminology, and again in 2007 to make
a technical correction.2
The Commission reviews its rules and
guides periodically to seek information
about their costs and benefits to
consumers and businesses, regulatory
and economic impact, and general
effectiveness in protecting consumers
and helping industry avoid deceptive
claims. These reviews assist the
Commission in identifying rules and
guides that warrant modification or
rescission.
On February 22, 2018, the
Commission initiated its scheduled
regulatory review of the Nursery Guides
and solicited public comment on several
issues.3 Specifically, the Commission
sought input on the continuing need for
the Guides; their economic impact;
possible conflict between the Guides
and state, local, federal, or international
laws; and the effect of any
technological, economic,
environmental, or other industry
changes. The Commission also solicited
comment on issues specific to the
Guides, such as whether the
Commission should update plant
classification references. In response,
the Commission received one comment
from the National Federation of
Independent Business (‘‘NFIB’’). NFIB
argued the Commission should rescind
the Guides because they are an
unnecessary federal regulatory burden.
NFIB also contended that regulation or
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting
Points, dated August 13, 2018, and
effective September 15, 2018, is
amended as follows:
■
Paragraph 6002 Class E Airspace Areas
Designated as Surface Areas.
*
*
*
*
*
AGL IL E2 Mount Vernon, IL [Amended]
Mount Vernon Airport, IL
(Lat. 38°19′24″ N, long. 88°51′31″ W)
Within a 4.1-mile radius of Mount Vernon
Airport.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AGL IL E5 Mount Vernon, IL [Amended]
Mount Vernon Airport, IL
(Lat. 38°19′24″ N, long. 88°51′31″ W)
That airspace extending upward from 700
feet above the surface within a 6.6-mile
radius of Mount Vernon Airport.
Issued in Fort Worth, Texas, on May 6,
2019.
John A. Witucki,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2019–09701 Filed 5–10–19; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 18
Guides for the Nursery Industry
Federal Trade Commission.
Rescission of the Guides for the
Nursery Industry.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
has completed its review of the Guides
for the Nursery Industry (‘‘Nursery
Guides’’ or ‘‘Guides’’) as part of its
systematic review of all current
Commission regulations and guides.
Pursuant to that review, the
Commission now rescinds the Guides.
DATES: The rescission is effective June
12, 2019.
ADDRESSES: Copies of this document are
available on the Commission’s website,
www.ftc.gov.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, (202) 326–2889,
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
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16:01 May 10, 2019
Jkt 247001
1 The Commission issued the Guides in 1979 (44
FR 11176 (Feb. 27, 1979)) to replace trade practice
rules for the nursery industry (16 CFR part 34) first
promulgated in the 1950s (23 FR 4803 (June 28,
1958)). The Guides were intended to help marketers
avoid making claims that are unfair or deceptive
under Section 5 of the FTC Act, 15 U.S.C. 45.
Industry guides, such as the Nursery Guides, are
administrative interpretations of laws administered
by the Commission. They do not have the force of
law and are not independently enforceable. Failure
to follow industry guides may result, however, in
enforcement action under the FTC Act, 15 U.S.C.
45. In any such action, the Commission must prove
that the act or practice at issue is unfair or deceptive
in violation of Section 5 of the FTC Act.
2 See 59 FR 64546 (Dec. 14, 1994); 72 FR 901 (Jan.
9, 2007).
3 See 83 FR 7643 (Feb. 22, 2018).
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Frm 00012
Fmt 4700
Sfmt 4700
guidance concerning the nursery
business is more properly conducted at
the state, rather than federal, level.
Based on the lack of comments, as
well as the paucity of consumer
complaints and the lack of need for law
enforcement action over the past two
decades, on September 10, 2018 (83 FR
45582), the Commission published a
Notice of Proposed Rulemaking
(‘‘NPRM’’) seeking comments on a
proposed rescission of the Guides. The
Commission stated that the Guides no
longer appear necessary, and thus serve
little purpose to industry or consumers.
Specifically, the types of practices
detailed in the Guides do not appear to
be prevalent in the nursery industry;
little evidence exists that industry
members currently use the Guides to
help avoid deceptive practices; and
rescission will have no impact on the
FTC’s ability to address unfair and
deceptive practices in the nursery
industry.
II. Comments Received
In response to the proposed rescission
notice, the Commission received five
comments, offering conflicting
opinions.4 The National Federation of
Independent Business (‘‘NFIB’’), which
had commented on the initial Notice,
supported the proposed rescission,
commenting that ‘‘federal agencies
should refrain from imposing
unwarranted burdens on the American
people and revoke unnecessary
regulation.’’ AmericanHort, an industry
association representing nursery
growers, greenhouses, and other garden
retailers, supported retaining the Guides
but also noted that ‘‘the overall need for
the Guides has perhaps diminished
somewhat based on the general
evolution of consumer protection
mechanisms in our society.’’
Three individual commenters
opposed rescinding the Guides.
Commenter Harrod argued that, ‘‘due to
the dishonest nature of some people,’’
the Guides will always be needed. The
commenter also asserted that rescission
would imply that it is ‘‘now okay to
deceive people to make money.’’
Similarly, commenter Lerner explained
that the ‘‘average nursery consumer
lacks the expertise to identify species of
plants’’ and suggested the lack of
complaints may be due to the Guides’
effectiveness.5
4 The comments, which can be found at https://
www.ftc.gov/policy/public-comments/2018/09/
initiative-770, included AmericanHort (#00007),
NFIB (Nat’l Fed’n of Independent Business)
(#00005), Lerner (#00004), Smith (#00003), and
Harrod (#00002).
5 Commenter Smith also opposed rescission
without elaboration.
E:\FR\FM\13MYR1.SGM
13MYR1
Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Rules and Regulations
Although AmericanHort downplayed
the Guides’ overall necessity, it singled
out the wild plant guidance (16 CFR
18.6) as particularly important. That
section indicates that marketers should
not sell plants collected from the wild
without disclosing that fact.6 The
provision further advises that nurseries
may identify plants ‘‘propagated’’ from
lawfully-collected wild plants as
‘‘nursery-propagated.’’ AmericanHort
explained that, while this guidance
involves a relatively narrow issue, it is
a ‘‘critical element of industry
guidance’’ developed following
negotiations between industry and
conservation groups in the early 1990s.
AmericanHort expressed concern this
guidance would be lost if the
Commission discontinues the Guides.7
jbell on DSK3GLQ082PROD with RULES
III. Rescission of the Guides
The Commission has decided to
rescind the Guides because they no
longer appear necessary. In reaching
this conclusion, the Commission has
considered the comments received, the
prevalence of practices covered by the
Guides, the industry’s use of the Guides,
and the Commission’s ability to address
deceptive practices through
enforcement actions or issuance of other
educational materials in the Guides’
absence. As discussed below, FTC staff
can provide guidance and business
education regarding the advertising of
wild plants.
The record indicates that the types of
practices addressed in the Guides are
not prevalent in the nursery industry.
The Guides focus on misrepresentations
about species, size, rate of growth, and
other plant characteristics. Neither the
comments nor consumer complaints
provide evidence that these types of
deceptive practices are prevalent.
Indeed, as discussed in the NPRM,
nearly all recent complaints received by
the Commission regarding plant sales
involve online plant orders that were
either dormant or dead upon arrival,
incomplete, not delivered in the time
promised (or at all), or not refunded
upon request.8
6 Section 18.6 (‘‘Plants collected from the wild
state’’) reads: ‘‘It is an unfair or deceptive act or
practice to sell, offer for sale, or distribute industry
products collected from the wild state without
disclosing that they were collected from the wild
state; provided, however, that plants propagated in
nurseries from plants lawfully collected from the
wild state may be designated as ‘nurserypropagated.’ ’’
7 Harrod, who supported retention, added that
wild plants ‘‘rarely prosper for a prolonged period
of time.’’
8 The Guides address some of the practices
identified in the complaints indirectly or in limited
ways. For instance, § 18.1(c)(2) states it is deceptive
to represent ‘‘[t]hat industry products are healthy
. . . when such is not the fact.’’ In addition, some
VerDate Sep<11>2014
16:01 May 10, 2019
Jkt 247001
Furthermore, with the exception of
guidance on wild plants, the
Commission lacks clear evidence that
industry members currently use the
Guides to help avoid deceptive
practices. AmericanHort acknowledged
that the need for the Guides has
‘‘perhaps diminished’’ over the years.
As noted in the NPRM, FTC staff found
no mention of the Guides on websites
for industry associations, nurseries, or
other industry entities.
The Guides do not appear to add
substantially to general FTC guidance
on deceptive practices under the FTC
Act.9 The current provisions focus on
misrepresentations about plant
characteristics and generally address
claims that are clearly deceptive on
their face, and thus unambiguously
addressed by Section 5 of the FTC Act.
In contrast, most of the agency’s Guides
address difficult implied claims, thus
providing valuable information to help
businesses avoid deception and
substantiate claims that might otherwise
lead to consumer confusion (e.g., the
Green Guides in 16 CFR part 260).
Given AmericanHort and Harrod’s
comments about the usefulness of the
Guides’ wild plant section, the FTC staff
will continue to provide business
guidance on this topic through its
online Business Center, which contains
plain-language advice to help
businesses understand their
responsibilities and comply with the
FTC Act.10 This will ensure the wild
plant guidance remains available to
industry while also giving the FTC
flexibility to update such guidance as
needed.
Finally, contrary to a few commenter
suggestions, the Guides’ rescission will
not impact sellers’ obligations to avoid
deceptive practices and otherwise
comply with the law, nor will it impact
the FTC’s ability to address deceptive
practices in the nursery industry. The
Guides themselves are not rules.
Instead, they contain interpretations of
how the Commission would apply the
FTC Act to nursery practices. Therefore,
their rescission has no effect on existing
obligations. Moreover, rescission does
not signal an FTC withdrawal from
complaints involve incorrect orders, which are
covered by § 18.1(a). The Commission sees no need
to maintain the Guides to address these limited
issues and has found no basis to amend the Guides
to address other Section 5 violations, such as the
failure to deliver products.
9 Section 5 of the FTC Act, 15 U.S.C. 45(a)(1),
prohibits unfair or deceptive acts or practices in or
affecting commerce. See FTC Policy Statement on
Deception, appended to Cliffdale Assocs., Inc., 103
F.T.C. 110, 175 (1984) (‘‘Deception Policy
Statement’’).
10 See https://www.ftc.gov/tips-advice/businesscenter/guidance.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
20777
efforts to prevent deception in the
labeling and advertising of these
products. Industry members must
continue to follow the law articulated in
pertinent Commission and court
decisions, both of which are generally
applicable to all industries. Industry
should also consult the FTC’s Policy
Statement on Deception for guidance,
which describes how the Commission
applies established legal principles to
address deceptive trade practices. As
stated in the Deception Statement, the
Commission ‘‘will find deception if
there is a representation, omission, or
practice that is likely to mislead the
consumer acting reasonably in the
circumstances, to the consumer’s
detriment.’’ 11 If the Commission
determines that certain practices in the
sale of outdoor plants are materially
misleading, it can continue to address
such practices through enforcement
actions under Section 5 of the FTC Act.
List of Subjects in 16 CFR Part 18
Advertising, Nursery, Trade practices.
PART 18—[REMOVED]
For the reasons stated in the preamble,
and under the authority of 15 U.S.C.
secs. 5, 6, and 18, the Federal Trade
Commission amends 16 CFR by
removing part 18.
■
By direction of the Commission,
Commissioners Chopra and Slaughter
dissenting.
Julie A. Mack,
Acting Secretary.
[FR Doc. 2019–09745 Filed 5–10–19; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
16 CFR Part 460
RIN 3084–AB40
Labeling and Advertising of Home
Insulation: Trade Regulation Rule
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘Commission’’) amends
its Trade Regulation Rule Concerning
the Labeling and Advertising of Home
Insulation (‘‘R-value Rule’’ or ‘‘Rule’’) to
clarify, streamline, and improve existing
requirements. Specifically, the
amendments clarify the Rule’s coverage,
improve Fact Sheet disclosures, require
certain test methods to substantiate Rvalue claims for non-insulation
products, update the test procedures
SUMMARY:
11 Deception
E:\FR\FM\13MYR1.SGM
Policy Statement, 103 F.T.C. at 175.
13MYR1
Agencies
[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Rules and Regulations]
[Pages 20776-20777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09745]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 18
Guides for the Nursery Industry
AGENCY: Federal Trade Commission.
ACTION: Rescission of the Guides for the Nursery Industry.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') has
completed its review of the Guides for the Nursery Industry (``Nursery
Guides'' or ``Guides'') as part of its systematic review of all current
Commission regulations and guides. Pursuant to that review, the
Commission now rescinds the Guides.
DATES: The rescission is effective June 12, 2019.
ADDRESSES: Copies of this document are available on the Commission's
website, www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889,
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC
20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission issued the Guides for the Nursery Industry in
1979.\1\ These Guides address various sales claims for outdoor plants,
including representations regarding quantity, size, grade, kind,
species, age, maturity, condition, vigor, hardiness, growth ability,
price, and origin or place where grown. The Commission amended the
Guides in 1994 to update legal terminology, and again in 2007 to make a
technical correction.\2\
---------------------------------------------------------------------------
\1\ The Commission issued the Guides in 1979 (44 FR 11176 (Feb.
27, 1979)) to replace trade practice rules for the nursery industry
(16 CFR part 34) first promulgated in the 1950s (23 FR 4803 (June
28, 1958)). The Guides were intended to help marketers avoid making
claims that are unfair or deceptive under Section 5 of the FTC Act,
15 U.S.C. 45. Industry guides, such as the Nursery Guides, are
administrative interpretations of laws administered by the
Commission. They do not have the force of law and are not
independently enforceable. Failure to follow industry guides may
result, however, in enforcement action under the FTC Act, 15 U.S.C.
45. In any such action, the Commission must prove that the act or
practice at issue is unfair or deceptive in violation of Section 5
of the FTC Act.
\2\ See 59 FR 64546 (Dec. 14, 1994); 72 FR 901 (Jan. 9, 2007).
---------------------------------------------------------------------------
The Commission reviews its rules and guides periodically to seek
information about their costs and benefits to consumers and businesses,
regulatory and economic impact, and general effectiveness in protecting
consumers and helping industry avoid deceptive claims. These reviews
assist the Commission in identifying rules and guides that warrant
modification or rescission.
On February 22, 2018, the Commission initiated its scheduled
regulatory review of the Nursery Guides and solicited public comment on
several issues.\3\ Specifically, the Commission sought input on the
continuing need for the Guides; their economic impact; possible
conflict between the Guides and state, local, federal, or international
laws; and the effect of any technological, economic, environmental, or
other industry changes. The Commission also solicited comment on issues
specific to the Guides, such as whether the Commission should update
plant classification references. In response, the Commission received
one comment from the National Federation of Independent Business
(``NFIB''). NFIB argued the Commission should rescind the Guides
because they are an unnecessary federal regulatory burden. NFIB also
contended that regulation or guidance concerning the nursery business
is more properly conducted at the state, rather than federal, level.
---------------------------------------------------------------------------
\3\ See 83 FR 7643 (Feb. 22, 2018).
---------------------------------------------------------------------------
Based on the lack of comments, as well as the paucity of consumer
complaints and the lack of need for law enforcement action over the
past two decades, on September 10, 2018 (83 FR 45582), the Commission
published a Notice of Proposed Rulemaking (``NPRM'') seeking comments
on a proposed rescission of the Guides. The Commission stated that the
Guides no longer appear necessary, and thus serve little purpose to
industry or consumers. Specifically, the types of practices detailed in
the Guides do not appear to be prevalent in the nursery industry;
little evidence exists that industry members currently use the Guides
to help avoid deceptive practices; and rescission will have no impact
on the FTC's ability to address unfair and deceptive practices in the
nursery industry.
II. Comments Received
In response to the proposed rescission notice, the Commission
received five comments, offering conflicting opinions.\4\ The National
Federation of Independent Business (``NFIB''), which had commented on
the initial Notice, supported the proposed rescission, commenting that
``federal agencies should refrain from imposing unwarranted burdens on
the American people and revoke unnecessary regulation.'' AmericanHort,
an industry association representing nursery growers, greenhouses, and
other garden retailers, supported retaining the Guides but also noted
that ``the overall need for the Guides has perhaps diminished somewhat
based on the general evolution of consumer protection mechanisms in our
society.''
---------------------------------------------------------------------------
\4\ The comments, which can be found at https://www.ftc.gov/policy/public-comments/2018/09/initiative-770, included AmericanHort
(#00007), NFIB (Nat'l Fed'n of Independent Business) (#00005),
Lerner (#00004), Smith (#00003), and Harrod (#00002).
---------------------------------------------------------------------------
Three individual commenters opposed rescinding the Guides.
Commenter Harrod argued that, ``due to the dishonest nature of some
people,'' the Guides will always be needed. The commenter also asserted
that rescission would imply that it is ``now okay to deceive people to
make money.'' Similarly, commenter Lerner explained that the ``average
nursery consumer lacks the expertise to identify species of plants''
and suggested the lack of complaints may be due to the Guides'
effectiveness.\5\
---------------------------------------------------------------------------
\5\ Commenter Smith also opposed rescission without elaboration.
---------------------------------------------------------------------------
[[Page 20777]]
Although AmericanHort downplayed the Guides' overall necessity, it
singled out the wild plant guidance (16 CFR 18.6) as particularly
important. That section indicates that marketers should not sell plants
collected from the wild without disclosing that fact.\6\ The provision
further advises that nurseries may identify plants ``propagated'' from
lawfully-collected wild plants as ``nursery-propagated.'' AmericanHort
explained that, while this guidance involves a relatively narrow issue,
it is a ``critical element of industry guidance'' developed following
negotiations between industry and conservation groups in the early
1990s. AmericanHort expressed concern this guidance would be lost if
the Commission discontinues the Guides.\7\
---------------------------------------------------------------------------
\6\ Section 18.6 (``Plants collected from the wild state'')
reads: ``It is an unfair or deceptive act or practice to sell, offer
for sale, or distribute industry products collected from the wild
state without disclosing that they were collected from the wild
state; provided, however, that plants propagated in nurseries from
plants lawfully collected from the wild state may be designated as
`nursery-propagated.' ''
\7\ Harrod, who supported retention, added that wild plants
``rarely prosper for a prolonged period of time.''
---------------------------------------------------------------------------
III. Rescission of the Guides
The Commission has decided to rescind the Guides because they no
longer appear necessary. In reaching this conclusion, the Commission
has considered the comments received, the prevalence of practices
covered by the Guides, the industry's use of the Guides, and the
Commission's ability to address deceptive practices through enforcement
actions or issuance of other educational materials in the Guides'
absence. As discussed below, FTC staff can provide guidance and
business education regarding the advertising of wild plants.
The record indicates that the types of practices addressed in the
Guides are not prevalent in the nursery industry. The Guides focus on
misrepresentations about species, size, rate of growth, and other plant
characteristics. Neither the comments nor consumer complaints provide
evidence that these types of deceptive practices are prevalent. Indeed,
as discussed in the NPRM, nearly all recent complaints received by the
Commission regarding plant sales involve online plant orders that were
either dormant or dead upon arrival, incomplete, not delivered in the
time promised (or at all), or not refunded upon request.\8\
---------------------------------------------------------------------------
\8\ The Guides address some of the practices identified in the
complaints indirectly or in limited ways. For instance, Sec.
18.1(c)(2) states it is deceptive to represent ``[t]hat industry
products are healthy . . . when such is not the fact.'' In addition,
some complaints involve incorrect orders, which are covered by Sec.
18.1(a). The Commission sees no need to maintain the Guides to
address these limited issues and has found no basis to amend the
Guides to address other Section 5 violations, such as the failure to
deliver products.
---------------------------------------------------------------------------
Furthermore, with the exception of guidance on wild plants, the
Commission lacks clear evidence that industry members currently use the
Guides to help avoid deceptive practices. AmericanHort acknowledged
that the need for the Guides has ``perhaps diminished'' over the years.
As noted in the NPRM, FTC staff found no mention of the Guides on
websites for industry associations, nurseries, or other industry
entities.
The Guides do not appear to add substantially to general FTC
guidance on deceptive practices under the FTC Act.\9\ The current
provisions focus on misrepresentations about plant characteristics and
generally address claims that are clearly deceptive on their face, and
thus unambiguously addressed by Section 5 of the FTC Act. In contrast,
most of the agency's Guides address difficult implied claims, thus
providing valuable information to help businesses avoid deception and
substantiate claims that might otherwise lead to consumer confusion
(e.g., the Green Guides in 16 CFR part 260). Given AmericanHort and
Harrod's comments about the usefulness of the Guides' wild plant
section, the FTC staff will continue to provide business guidance on
this topic through its online Business Center, which contains plain-
language advice to help businesses understand their responsibilities
and comply with the FTC Act.\10\ This will ensure the wild plant
guidance remains available to industry while also giving the FTC
flexibility to update such guidance as needed.
---------------------------------------------------------------------------
\9\ Section 5 of the FTC Act, 15 U.S.C. 45(a)(1), prohibits
unfair or deceptive acts or practices in or affecting commerce. See
FTC Policy Statement on Deception, appended to Cliffdale Assocs.,
Inc., 103 F.T.C. 110, 175 (1984) (``Deception Policy Statement'').
\10\ See https://www.ftc.gov/tips-advice/business-center/guidance.
---------------------------------------------------------------------------
Finally, contrary to a few commenter suggestions, the Guides'
rescission will not impact sellers' obligations to avoid deceptive
practices and otherwise comply with the law, nor will it impact the
FTC's ability to address deceptive practices in the nursery industry.
The Guides themselves are not rules. Instead, they contain
interpretations of how the Commission would apply the FTC Act to
nursery practices. Therefore, their rescission has no effect on
existing obligations. Moreover, rescission does not signal an FTC
withdrawal from efforts to prevent deception in the labeling and
advertising of these products. Industry members must continue to follow
the law articulated in pertinent Commission and court decisions, both
of which are generally applicable to all industries. Industry should
also consult the FTC's Policy Statement on Deception for guidance,
which describes how the Commission applies established legal principles
to address deceptive trade practices. As stated in the Deception
Statement, the Commission ``will find deception if there is a
representation, omission, or practice that is likely to mislead the
consumer acting reasonably in the circumstances, to the consumer's
detriment.'' \11\ If the Commission determines that certain practices
in the sale of outdoor plants are materially misleading, it can
continue to address such practices through enforcement actions under
Section 5 of the FTC Act.
---------------------------------------------------------------------------
\11\ Deception Policy Statement, 103 F.T.C. at 175.
---------------------------------------------------------------------------
List of Subjects in 16 CFR Part 18
Advertising, Nursery, Trade practices.
PART 18--[REMOVED]
0
For the reasons stated in the preamble, and under the authority of 15
U.S.C. secs. 5, 6, and 18, the Federal Trade Commission amends 16 CFR
by removing part 18.
By direction of the Commission, Commissioners Chopra and
Slaughter dissenting.
Julie A. Mack,
Acting Secretary.
[FR Doc. 2019-09745 Filed 5-10-19; 8:45 am]
BILLING CODE 6750-01-P