Interpretation ID: 2170y
U.S. House of Representatives
Washington, DC 20515
Dear Mr. Shuster:
Thank you for your inquiry on behalf of your constituent, Mr. Lester Hoover. Mr. Hoover requested information about laws that cover the branding of tires that are not first quality. In addition, he asked whether there is any way to apply such a law to other consumer goods such as batteries. This inquiry has already been referred to the Federal Trade Commission (FTC), which sent you a letter dated October 16, 1989 explaining its tire labeling regulations. The FTC's letter also indicated that this agency's tire labeling regulations might be of interest to Mr. Hoover.
Let me begin by explaining that the National Highway Traffic Safety Administration has promulgated regulations related to tires. In particular, Federal Motor Vehicle Safety Standard No. 109, New Pneumatic Tires, applies to new tires for use on passenger cars, Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars, applies to new tires for use on vehicles other than passenger cars, Standard No. 117, Retreaded Pneumatic Tires, applies to retreaded tires for use on passenger cars, and Part 569, Regrooved Tires, applies to all regrooved tires. Each of these regulations includes some labeling requirements.
The National Traffic and Motor Vehicle Safety Act requires that every manufacturer certify that each of the tires it produces complies with these standards, including the labeling requirements. Thus, even a tire identified as something like "blemished" or "out-of-round" must be certified as complying with all provisions of the applicable safety standard(s). None of the regulations administered by this agency require, or establish any standards for, the identification of tires as something other than "first quality."
If some Federal regulation exists that requires the identification of tires as something other than "first quality," it would be promulgated by the FTC under that agency's authority to regulate unfair and deceptive trade practices. If the FTC does not have any such regulation, I am not aware of any other Federal agency that would have authority in this area. Similarly, I am not aware of any such labeling regulations that could be applied to consumer goods such as batteries. I hope you find this information helpful. Please let me know if you have any further questions or concerns in this area.
Sincerely,
Stephen P. Wood Acting Chief Counsel
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