Affrmative misrepresentation of domestic origin
69 F.T.C. 1216 · Apr. 15, 1966 · Digest No. 33
source volume section (69 F.T.C. 1216)
Text is machine-OCR of the printed volume and may contain errors. Advisory opinions are the Commission's views on proposed conduct, not binding orders.
No. 33. Affrmative misrepresentation of domestic origin. The Federal Trade Commission has rendered an advisory opinion that i would not be permissib1e to label dental X-ray film as "Made in U. " if it consists in part of a raw safety base film imported from a foreign country, the remaining ingredients to be made in the United States.
The Commission s advice was that the imported raw safety base film "is the principa1 and essentia1 component of the finished product. Without it there can be no X-ray picture." Thc manufacturing and packaging processes described in the letter from the requesting party "would not change the basic structure or composition of the imported film to such an extent that its identity would be lost. It is concluded, therefore, that it would not be proper under Section 5 of the Federal Trade Commission Act to label the dental X-ray film as 'Made in U. A.''' (File No. 6337014, released Apr. 15, 1966.
:So. 34. Promotional assistance; Lse of sales message announcing device in retail stores.
In an advisory opinion made pub1ic today the Federal Trade Commission gave qualified clearance to the proposa1 by a manufacturer of an electronic device to offer se1ected manufacturers an opportunity to present a sales message to the public in retail stores by means of the device.
The proposed p1an provides that any manufacturer contracting for use of this device wil supp1y its manufacturer with a list of a1l retailers of his products in a geographic area to be selected by him. The device producer, upon receiving such list, will within a reasonable time effectively offer all retailers located in the selected geographic area an opportunity to avail themselves of the use of the electronic device at equa1 rates datermined by the number of units to be installed in a particular location. The advisory opinion called attention to the admonition in the FTC' s Guides for Advertising A1lowances that a seller must be careful not to discriminate against customers located on the