As part of its program to systematically review its rules and guides, the Federal Trade Commission ("FTC") announced today that it is seeking comments on the FTC's "Guides for the Nursery Industry." The Nursery Guides address sales practices regarding outdoor plants, including deceptive advertising claims about quantity, size, grade, species, place of origin, and other issues. The deadline for submitting comments is April 20, 2018.
The FTC has conducted these systematic reviews since 1992, with each rule and guide scheduled to be reviewed every ten years. Some of the guides that have been rescinded over time include, the "Guides for Advertising Fallout Shelters" and the "Guides for Advertising Radiation Monitoring Instruments."
The Commission seeks comments on the economic impact and continuing need for the Guides; possible conflict between the Guides and state, local, federal or international laws; and the effect of any technological, economic, environmental, or other industry changes on the Guides.