Disclosure of country of origin of repackaged goods imported in bulk
74 F.T.C. 1674 · Oct. 11, 1968 · Digest No. 299
source volume section (74 F.T.C. 1674)
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. 299. Disclosure of country of origin of repackaged goods imported in bulk. The Commission advised a requesting party that a product imported in bulk into the United States and thereafter broken and wrapped .into a number of small packages and offered for sale to the general public should be c1early and conspicuously marked as to country of origin in such way as to be readily observable to a prospective purchaser on casual inspection. ADVISORY OPINION DIGESTS 1675
CONCURRING OPINION
OCTOBER 11, 1968
BY MACINTYRE Commissione1':
The Commission s advice herein is in conformity with the public policy declared by Congress in 19 l..S. Code Sec. 1304. There it is required that any imported article or the container in which it is packed shall be marked in such manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of such article. The provision of law does not excuse the imported from penalties for violation thereof simply because the importer removed the imported article or articles from the original package and repacked the article or artic1es in new packages which failed to disclose the country of origin. The penalties for violation include fines of $5000 or imprisonment for not more than one year, or both. It would be tragic for the Commission to issue any findings which would mislead any businessman regarding these requirements of the law.
DISSENTING OPINION
OCTOBER 11, 1968
By ELMAN and JONES Commissioners:
The Commission, in disregard of prior decisions and announced Statement of Policy, is applying a pe1' se rule requiring disclosure of foreign origin of imported products. (File No. 693 7009, released Oct. 11, 1968.
)10. 300. Contest and its advertising by retailer deemed objectionable. The Commission was requested to furnish an advisory opinion concerning a proposed contest and advertising pertaining to it. The Commission observed that the proposed advertising is deceptive. Statements of the nature and value of the prizes are misleading. The proposed advertisement discloses little of the nature of the contest in which readers are invited to participate. The contest might expire at any moment.
On the basis of the facts as presented , the Commission concluded that the proposed advertising, if circulated, would be in violation of Section 5 of the Federal Trade Commission Act. The Commission noted that the proposed contest is so intertwined with the proposed advertising that the plan as a whole, if implemented, would be in violation of law. (File No. 693 7031 released Oct. 11 , 1968.
1676 FEDERAL TRADE COMMISS!OK DECISIONS