Consumer Law Library

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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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

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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

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