Concrete Burial Vault Manufacturing Industry
16 CFR Part 122 · Trade practice rules · in the Code of Federal Regulations 1938-1976 (14 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1976 CFR · Earliest edition: 1938 CFR
Text (1976 edition, OCR)
Chapter I—-Federal Trade Commission spective purchasers or the consuming public, is an unfair trade practice. § 121.7 Inducing breach of contract. Willfully inducing or attempting to in- duce the breach of an existing contract or contracts between competitors and their customers or their suppliers by any false or deceptive means whatso- ever, or willfully interfering with or ob- structing the performance of any such contractual duties or services by any such means, with the purpose and effect of unduly hampering, injuring, or preju- dicing competitors in their businesses, is an unfair trade practice. § 121.8 False marking or branding. The false or deceptive marking or branding of products of the industry, with the tendency, capacity or effect of misleading or deceiving purchasers, pro- spective purchasers or the consuming public with respect to the grade, quality, quantity, use, size, material, content, origin, preparation, manufacture or dis- tribution of such products, or in any other material respect, is an unfair trade practice. § 121.9 Misrepresentation in general. The inaking, or causing or permitting to be made or published, any false, untrue or deceptive statement or representation, by way of advertisement or otherwise, concerning the grade, quality, quantity, use, size, material, content, origin, prepa- ratlon, manufacture or distribution of any industry products, or in any other material respect, with the tendency, ca- pacity or effect of misleading or deceiving purchasers, prospective purchasers or the consuming public, is an unfair trade practice. § 121.10 Commercial hrihery. It is an unfair trade practice for a meinber of the industry directly or in- directly to give or offer to give, or permit or cause to be given, inoney or anything of value to agents, employees or repre- sentatives of customers or prospective customers, or to agents, employees or representatlves of competitors’ custom- ers or prospective customers, without the knowledge of their employers or prin- cipals, as an inducement to influence their employers or principals to purchase or contract to purchase products manu- factured or sold by such industry mem- ber or the maker of such gift or offer, or to influence such employers or principals to refrain from dealing in the products § 121.102 of competitors, or from dealing or con- tracting to deal with competitors. Group II § 121.101 Publication of price lists and terms of sale. The industry approves the practice of each individual member of the industry independently publishing and circulating to the purchasing trade his own price lists fully setting forth his terms of sale. § 121.102 Free samples for experimen- tation. The industry approves the giving of free samples of wet ground mica in suf- ficient quantity for experimental pur- poses and to acquaint purchasers or pro- spective purchasers with the grade or quality of the product offered for sale, where the giving of such free mica by any member of the industry is not, however, practiced or accomplished in such way or to such extent as to effectuate an illegal discrimination in price contrary to sec- tion 2 of the Clayton Act as amended by the act of Congress approved June 19, 1936 (Pub. Law 692, 74th Cong., Robin- son-Patman Act). PART 122—-CONCRETE BURIAL VAULT MANUFACTURING INDUSTRY Group I Sec. 122.1 Commercial bribery. 122.2. Inducing breach of contract. 122.3 Defamation of competitors. 122.4 Enticing empioyees. 122.5 Imitation of trade-marks, trade names, brands, etc. 122.6 Substitution. 122.7 Espionage. 122.8 Faise-marking or branding. 122.9 Misrepresentation in general. 122.10 False invoicing. 122.11 Saies below cost. 122.12 Consignment selling. 122.138 Discrimination. Group II 122.101 Publication of price lists and terms of sale. 122.102 Cost accounting. 122.103 Arbitration. COMMITTEE ON TRADE PRACTICES 122.201 Industry committee. AurHoriry: Secs. 6(g), 5, 88 Stat. 722, 719; 15 U.S.C. 46(g), 45, unless otherwise noted. Source: Trade practice rules, Concrete Burial Vault Manufacturing Industry, FTC, July 10, 1937, unless otherwise noted. 561 § 122.1 Group I § 122.1 Commercial bribery. It is an unfair trade practice for a member of the industry directly or in- directly to give or offer to give, or permit or cause to be given, money or anything of value to agents, employees or repre- sentatives of customers or prospective customers, or to agents employees or representatives of competitors’ custom- ers or prospective customers, without the knowledge of their employers or prin- cipals, as an inducement to influence their employers or principals to purchase or contract to purchase products manu-~ factured or sold by such industry mem- ber or the maker of such gift or offer, or to influence such employers or principals to refrain from dealing in the products of competitors, or from dealing or con- tracting to deal with competitors. § 122.2 Inducing breach of contract. Wiillfully inducing or attempting to in- duce the breach of existing contract or contracts between competitors and their customers or their suppliers by any false or deceptive means whatsoever, or will- fully interfering with or obstructing the performance of any such contractual duties or services by any such means, with the purpose and effect of unduly hampering, injuring or prejudicing com- Petitors in their business, is an unfair trade practice. : § 122.3. Defamation of competitors. The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, or questionable credit standing, or by other false representations, or the false disparagement of the grade, quality, com- position, material, construction, durabil- ity, or process of manufacture of the products of competitors, or of their busi- mess methods, selling prices, values, credit terms, polices or services, or con- ditions of employment, with the tend- ency, capacity or effect of misleading or deceiving any purchasers or prospective purchasers of burial vaults, ls an unfair trade practice. § 122.4 Enticing employees. Willfully enticing away the employees of competitors, with the purpose and ef- fect of unduly hampering, injuring or Title 16—-Commercial Practices embarrassing competitors in their busi- nesses, is an unfair trade practice. §122.5 Imitation of trade-marks, trade names, brands, etc. The imitation of the trade-marks, trade names, brands, labels or other marks of identification of competitors, with the tendency, capacity or effect of mislead- ing or deceiving any purchasers or pro- spective purchasers of burial vaults, is an unfair trade practice. § 122.6 Substitution. The practice of shipping or delivering products which do not conform to repre- sentations made prior to or at the time of securing an order, or the substitution of products inferior in quality to the kind ordered, without the consent of the pur- chaser to such substitution and with the effect of misleading or deceiving any purchasers or prospective purchasers of burial vaults, is an unfair trade practice. § 122.7 Espionage. Securing information from competitors concerning their businesses by false or misleading statements or representatives or by false impersonation of one in au- thority, and the wrongful use thereof to unduly hinder or stifle the competition of such competitors, is an unfair trade practice. § 122.8 False marking or branding. The false or deceptive marking, brand- ing or labeling of concrete burial vaults for the purpose or with the tendency, ca- pacity of effect of misleading or deceiving purchasers or prospective purchasers concerning the grade, quality, composi- tion, material, construction, durability, or process of manufacture of such vaults, or in any other material respect, or the marking, branding or labeling of such vaults by representatives, statements, as- sertions or claims concerning the capac- ity, property or ability of such vaults to remain airtight, waterproof or sweat- proof when such representations, state- ments, assertions or claims are not true in fact, or are misleading, or are not known to be true, is an unfair trade prac- tice. § 122.9 Misrepresentation in general, Making, or causing to be made or pub- lished, directly or indirectly, any false, untrue or deceptive statement, repre- sentation, guarantee, warranty, testi- monial or endorsement, by way of adver- 562 Chapter I—Federal Trade Commission tising (through newspapers, magazines, booklets or other advertising media) or by radio, oral representation or otherwise, in connection with the sale or distribu- tion of concrete burial vaults and con- cerning the grade, quality, composition, material, construction, durability or processes of manufacture of such vaults, or in any other material respect, or the making of any representations, state- ments, assertions or claims, directly or indirectly, concerning the capacity, prop- erty or ability of such vaults to remain airtight, waterproof or sweatproof when such representations, statements, assertions or claims are not true in fact, or are misleading, or are not known to be true, with the tendency, capacity or ef- fect of misleading or deceiving any pur- chasers or prospective purchasers of burial vaults, is an unfair trade practice. § 122.10 False invoicing. Withholding from or inserting in in- voices any statements or information by reason of which omission or insertion a false record is made, wholly or in part, of the transactions represented on the face of such invoices, with the purpose or effect of thereby misleading or deceiving any purchasers or prospective purchas- ers of burial vaults, is an unfair trade practice. § 122.11 Sales below cost. The practice of selling industry prod- ucts below the seller’s cost, with the in- tent and with the effect of injuring a competitor and where the effect may be substantially to lessen competition or tend to create a monopoly or unreason- ably restrain trade, is an unfair trade practice; all elements recognized by good accountmg practice as proper elements of such cost shall be included in deter- mining cost under this section. § 122.12 Consignment selling. It is an unfair trade practice for any member of the industry to use the prac- tice of shipping goods on consignment or pretended consigninent for the purpose and with the effect of artificially clogging trade outlets and unduly restricting com- petitors’ use of said trade outlets in get- ting their goods to consumers through regular channels of distribution, or with such purpose to entirely close said trade outlets to such competitors so as to sub- stantially lessen competition or tend to create a monopoly or to unreasonably re- strain trade: Provided, however, That § 122.13 nothing herein shall be construed or used as restricting or preventing consignment shipping or marketing of commodities in good faith and without artificial inter- ference with competitors’ use of the usual channels of distribution in such manner as thereby to suppress competi- tion or restrain trade. § 122.13 Discrimination. (a) Prohibited discriminatory differ- entials, rebates, refunds, discounts, cred- its and other allowances. It is an unfair trade practice for any member of the in- dustry engaged in commerce, in the course of such commerce, to grant or allow, secretly or openly, directly or in- directly, any price differentials, rebates, refunds, discounts, credits or other al- lowances which effectuate a discrimina- tion in price between different purchasers of goods of like grade and quality where either or any of the purchases involved therein are in commerce, and where the effect thereof may be substantially to lessen competition or tend to create a monopoly in any line of commerce or to injure, destroy or prevent competition with any persons who either grants or knowingly receives the benefit of such discrimination or with customers of either of them: Provided, however, (1) That the goods involved in any such transaction are sold for use, consump- tion or resale within any place under the jurisdiction of the United States; (2) That nothing contained in this section shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale or de- livery resulting from the differing meth- ods or quantities in which such commod- ities are to such purchasers sold or delivered ; (3) That nothing contained in this section shall prevent persons engaged in selling goods, wares or merchandise in commerce from selecting their own cus- tomers in bona fide transactions and not in restraint of trade; (4) That nothing contained in this section shall prevent price changes from time to time where made in response to changing conditions affecting either (i) the market for the goods concerned, or (ii) the marketability of the goods, such as, but not limited to, actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of busi- ness in the goods concerned. 563 § 122.101 (b) Prohibited brokerages and com- missions. It is an unfair trade practice for any member of the industry engaged in commerce, in the course of such com- merce, to pay or grant, or to receive or accept, anything of value as a com- mission, brokerage, or other compensa- tion, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party to such transaction or to an agent, representative, or other in- termediary therein where such interme- diary is acting in fact for or in behalf, or is subject to the direct or indirect control, of any party to such transac- tion other than the person by whom such compensation is so granted or paid. (c) Prohibited advertising or promo- tional allowances, etc. It is an unfair trade practice for any member of the industry engaged in commerce to pay or contract for the payment of advertising or promotion allowances or any other thing of value to or for the benefit of a customer of such member in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, hand- ling, sale, or offering for sale of any products or commodities manufactured, sold, or offered for sale by such member, unless such payinent or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or com- modities. (d) Prohibited discriminatory services or facilities. It is an unfair trade prac- tice for any member of the industry engaged in commerce to discriminate in favor of one purchaser against another purchased or purchasers of a commodity bought for resale, with or without proc- essing, by contracting to furnish or by furnishing, or by contributing to the fur- nishing of, any services or facilities con- nected with the processing, handling, sale, or offering for sale of such com- modity so purchased upon terms not ac- corded to all purchasers on proportion- ally equal terins. (e) Illegal price discrimination. It is an unfair trade practice for any member of the industry or other person engaged in commerce in the course of such com- merce to discriminate in price in any Title 16—Commercial Practices other respect contrary to section 2 of the Clayton Act as amended by the act of Congress approved June 19, 1936, or knowingly to induce or receive 2 dis- crimination in price which is prohibited by such section as amended. (Sec. 2, 38 Stat. 730, as amended, secs. 2, 3, 4, 49 Stat. 1527, 1528; 15 U.S.C. 13, 18a, 18b, 21a) . Group II § 122.101 Publication of price lists and terms of sale. The industry approves the practice of each individual member of the industry independently publishing and circulating to the purchasing trade his own price lists fully setting forth his terms of sale. § 122.102 Cost acconnting. It is the judgment of the industry that each member should independently keep proper and accurate records for deter- mining his costs. § 122.103 Arbitration. The industry approves the practice of handling business disputes between members of the industry and their cus- tomers 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 compose their differences. If unable to do so they should, if possible, submit these disputes to arbitration. COMMITTEE ON TRADE PRACTICES § 122.201 Industry committee. : The provisions of § 216.1 of this sub- chapter shall be applicable to an industry committee established under this part. (21 F.R. 1174, Feb. 21, 1956] PART 124-——TOILET BRUSH MANU- FACTURING INDUSTRY Group I Sec. 124.1 124.2 Misbranding. Misrepresentation or concealment as to foreign handles or blocks. . Deceptive advertisements or descrip- tions. Misrepresentation as to bristles. Misrepresentation as to kind of wood in handle or back. AutTHoriry: Secs. 6(g), 5, 38 Stat. 722, 719; 15 U.S.C. 46(g), 45, unless otherwise noted. 124.3 124.4 125.5 564