Rabbit And Cavy Breeders Industry
16 CFR Part 103 · Trade practice rules · in the Code of Federal Regulations 1938-1949 (3 annual editions)
Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.
Latest edition: Library of Congress, 1949 CFR · Earliest edition: 1938 CFR
Text (1949 edition, OCR)
§ 103.1 dispensable the function of the retail music merchant, and approves of the reasonable discounts allowed him, but condemns the offer or allowance of such discounts to any other than the bona fide dealers. Part 103—Rabbit and Cavy Breeders Industry GROUP I Sec. 103.1 103.2 103.3 103.4 103.5 Sales below cost. Misrepresentation in general. Inducing breach of contract. Defamation of competitors. Deceptively representing breed of rab- bits. Misleading contracts. False advertising and breach of con- tract. False representation of grade. Inadequate supplies. 103.6 103.7 103.8 103.9 GROUP II 103.101 103.102 103.103 103.104 Repudiatlon of contracts. Arbitration. Dissemination of credit informatlon. Publication of price iists and terms of sale. AvrHorIry: §§ 103.1 to 103.104 Issued under sec. 6 (g), 38 Stat. 722; 15 U. S. C. 46 (g). Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 U.S. C. 45. Source: §§ 103.1 to 103.104 contained in trade practice rules, Rabbit and Cavy Breed- ers Industry, FTC, Apr. 30, 1934. GROUP I § 103.1 Sales below cost. The selling of rabbits below cost with the intent and with the effect of injuring a competitor, and where the effect may be to substan- tially lessen competition or tend to create a monopoly or to unreasonably restrain trade, is an unfair trade practice. § 103.2 Misrepresentation in general. The making, or causing or permitting to be made or published, of any false, un- true, or deceptive statement, by way of advertisement or otherwise, concerning the grade, quality or size of any rabbits sold or offered for sale, having the tend- ency and capacity to mislead purchasers -or prospective purchasers, is an unfair trade practice. § 103.3 Inducing breach of contract. Willfully inducing or attempting to in- duce the breach of existing contracts be- tween competitors and their customers by any false or deceptive means whatso- ever, or interfering with or obstructing the performance of any such contractual Page 254 Title 16—Commercial Practices dutles or services by any such means, with the purpose and effect of unduly hampering, injuring, or embarrassing competitors in their business, is an unfair trade practice. § 103.4 Defamation of competitors. The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, question- able credit standing, or by other false representations, or the false disparage- ment of the grade or quality of their goods, with the tendency and capacity to mislead or deceive purchasers or prospec- tive purchasers, is an unfair trade prac- tice. § 103.5 Deceptively represehting breed of rabbits. Advertising, representing, or guaranteeing that a certain breed of rabbits is more prolific or of quicker growth or has finer meat or finer fur than other breeds when such is not the fact, with the tendency and capacity to mislead or deceive purchasers or pro- spective purchasers and with the tend- ency to injuriously affect the business of competitors, is an unfair trade practice. § 103.6 Misleading contracts. Know- ingly entering into contracts impossible to fulfill, with the tendency and capacity to mislead or deceive purchasers or pro- spective purchasers and with the tend- ency to injuriously affect the business of competitors, is an unfair trade practice. § 103.7 False advertising and breach of contract. The practice of certain rab- bit breeders of advertising and selling their rabbits under contracts or agree- ments providing for the purchase of the descendants of their rabbits followed by the failure of said breeders to live up to the promises made in said contracts or agreements, with the tendency and ca- pacity to mislead or deceive purchasers or prospective purchasers and with the tendency to injuriously affect the busi- ness of competitors, is an unfair trade practice. § 103.8 False representation of grade. Selling or offering for sale poor grade rabbits at a very low price from a farm advertised and known for the high repu- tation of its rabbitry, without explana- tion as to the grade of the rabbits sold, with the tendency and capacity to mis- lead or deceive purchasers or prospective purchasers and with the tendency to in- juriously affect the business of competi- tors, is an unfair trade practice. Chapter I[—Federal Trade Commission $103.9 Inadequate supplies. Adver- tising for sale rabbits at a very low price, when there is available only a grossly inadequate supply at such price, with the tendency and capacity to mislead or de- ceive purchasers or prospective purchas- ers and with the tendency to injuriously affect the business of competitors, is an unfair trade practice. GROUP IT § 103.101 Repudiation of contracts. Contracts, either written or oral, are business obligations which should be performed in letter and spirit. The re- pudiation of contracts by sellers on a rising market, or by buyers on a declin- ing market, is reprehensible, and is con- demned by the industry. § 103.102 Arbitration. The industry approves the practice of handling dis- putes in a fair and reasonable manner, coupled with a spirit of moderation and good will; and every effort should be made by the disputants themselves to arrive at an agreement. If unable to do so they should agree, if possible, upon arbitration under some one of the prevailing codes. § 103.103 Dissemination of credit in- formation. The industry records its ap- proval of distributing information cover- ing delinquent and slow accounts, inso- far as it may be lawfully done. § 103.104 Publication of price lists and terms of sale. (a) The industry approves the practice of each individual member of the industry independently publishing and circulating to the pur- chasing trade his own price lists. (b) The industry approves the prac- tice of making the terms of sale a part of all published price schedules. Part 104—Wholesale Drug Industry GROUP I Sec, 104.1 Mlsrepresentation in general. 104.2 Defamation of competitors. 104.3 Sales below cost. 104.5 Commercial bribery. . 104.7 Altering trade-marks and brands. 104.9 Misrepresenting character of busi- ness. 104.10 Imitation of trade-marks, trade names, etc. 104.11 Fictitious prices. 104.12 Threats of suit. 104.13 Substitution. 104.14 False and misleading price lists. § 104.5 Sec. 104.15 104.17 104.18 104.20 104,21 “Dumping” products below cost. Misrepresenting prices as “special.” Loss leaders; inadequate supplies. Coercing purchases. Unlawful combinations in restraint of trade. GROUP II 104.101 Abuse or misuse of consignment shipping. Cost accounting. Unwarranted return of merchandise, False invoicing. Production and marketing statistics. Dissemination of credit information, Distribution of free goods, prizes, : etc. 104.108 Coerclve sales. 104.109 Recommended investigation. AUTHORITY: §§ 104.1 to 104.109 issued under sec. 6 (g), 38 Stat. 722; 15 U. S. C. 46 (g). Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 U.S. C. 45. Source: §§ 104.1 to 104.109 contained in trade practice rules, Wholesale Drug Indus- try, PTC, Dec. 18, 1934. GROUP I § 104.1 Misrepresentation in general. The making or publishing of any false, untrue, or deceptive statement by way of advertisement or otherwise concerning the mercharidise handled by the indus- try, having the tendency and capacity to mislead or deceive purchasers or pros- pective purchasers, is an unfair trade practice. § 104.2 Defamation of competitors. Defamation of competitors by falsely im- puting to them dishonorable conduct, inability to perform contracts, or other false representations, or the false dis- paragement of the grade or quality of the goods sold, with the tendency to mislead or deceive purchasers or pros- pective purchasers, is an unfair trade practice. § 104.3 Sales below cost. The selling of goods below cost with the intent and with the effect of injuring a competitor, and where the effect may be to sub- stantially lessen competition or tend to create a monopoly or to unreasonably restrain trade, is an unfair trade prac- tice. § 104.5 Commercial bribery. The granting of special or secret remunera- tion in one form or another to employees of customers or prospective customers, or to employees of competitors’ customers, without the knowledge of their employ- ers, to influence the purchase of indus- 104.102 104.103 104.104 104.105 104.106 104.107 Page 255