Marketing 10-year-old unused equipment as new as deceptive
75 F.T.C. 1113 · Feb. 27, 1969 · Digest No. 325
source volume section (75 F.T.C. 1113)
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. 325. Marketing 10-year-old unused equipment as new as deceptive..
The Commission issued an advisory opinion concerning the marketing now as “new” of 10-year-old equipment which has never been used and is still in the original shipping cartons. The Commission wrote the applicant for the advisory opinion: According to the information you submitted, your company is not the original manufacturer of the equipment you are interested in marketing as “new.” Further, it is understood you have recently obtained a license to manufacture similar equipment. Also, you state there have been no model changes since the 10-year-old equipment was produced. Having considered the matter, the Commission hereby advises you that you would risk violating section 5 of the Federal Trade Commission Act if you marketed the 10-yearold equipment as “new;” such an act would clearly be deceptive. Of course, you are free to describe the equipment accurately and disclose that it is 10 years old and has never been used.
(File No. 693 7080, released Feb. 27, 1969.)