Toilet Brush Manufacturing Industry

16 CFR Part 124 · Trade practice rules · in the Code of Federal Regulations 1938-1976 (13 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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)

§ 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


Chapter I—Federal Trade Commission

Source: Trade practice rules, Tollet
Brush Manufacturing Industry, FTC, Dec. 31,
1937, unless otherwise noted.

§ 124.1 Misbranding.

The false or deceptive marking or
branding of products of the industry for
the purpose or with the tendency, capac-
ity or effect of misleading or deceiving
purchasers, prospective purchasers or the
consuming public with respect to the
grade, quality, quantity, use, size, mate-
rial, content, origin, preparation, manu-

facture or distribution of such products, .

or in any other material respect, is an
unfair trade practice.

§ 124.2 Misrepresentation or conceal-
ment as to foreign handles or blocks.

(a) The passing off, selling or offering
for sale of tooth brushes, hair brushes,
or other toilet brushes made from im-
ported handles or blocks on which the
identification mark of the country of
origin has been omitted or has been ob-
literated or concealed m the fabrication
of the finished article, which brushes
have been marked, stamped or branded
in such manner as to mislead or deceive
purchasers, prospective purchasers or
the consuming public into the erroneous
belief that said brushes have been man-
ufactured wholly within the United
States, or that said brushes have been
manufactured wholly from materials
produced in the United States, is an un-
fair trade practice.

(b) In the case of tooth brushes, hair
brushes, or other toilet brushes manu-
factured ln the United States with han-

dies or blocks made in and imported .

from a foreign country, nothing in this
part shall prohibit branding or marking
the handles or blocks of such brushes,
or the cartons thereof, with the words or
letters ‘“Brush Made in U.S.A.” or words,
letters or phrases of like import, pro-
vided such mark or brand contain or be
immediately accompanied by words let-
_ ters or phrases which are of at least equal
prommence and conspicuousness and
which truthfully and unequivocally dis-
close the fact that such handles or blocks
have been manufactured or produced in,
or imported from, the foreign country
wherein such handles or blocks have been
manufactured or produced, such as, for
example: ‘Handle from England”, ‘““Block
from England”, “Handle from France”,
“Block from France”, “Handle from Ja-

or

§ 194.5

pan”, “Block from Japan”, or branding
or marking with words of like import.

§ 124.3 Deceptive advertisements or de-
scriptions.

Making, or causing to be made or pub-
lished, directly or indirectly, any false
untrue or deceptive statement or repre-
senation, by way of advertisement or
otherwise, concerning the grade, quality,
quantity, use, size, material, content, ori-
gin, preparation, manufacture or distri-
bution of any product of the industry, or
in any other: material respect, with the
tendency, capacity or effect of mislead-
ing or deceiving purchasers, prospective
purchasers or the consuming public, is
an unfair trade practice.

§ 124.4 Misrepresentation as to bristles.

The false marking, branding or label-
ing of tooth brushes, hair brushes, or
other toilet brushes with the words
“bristle” or “pure bristle’ when such
brushes are made in whole or in part
of horse hair, fiber or other adulterant
and such fact is not disclosed, or the
making of any false representations with
respect to the terms “bristle” or ‘pure
bristle’, through advertising or other-
wise, with the tendency, capacity or ef-
fect of misleading or deceiving purchas-
ers, prospective purchasers or the con-
suming public, is an unfair trade
practice.

§ 124.5 Misrepresentation as to kind of
wood in handle or back.

The false marking, branding, labeling
or advertising of the handles or backs of
tooth brushes, hair brushes, or other
toilet brushes as containing or being com-
posed of ebony, satinwood, or other costly
wood or woods, when the handles or backs
of such brushes are made from an imita-
tion of the above wood or woods and such
fact is not disclosed, with the tendency,
capacity or effect of misleading or de-
ceiving purchasers, prospective purchas-
ers or the consuming public, is an unfair
trade practice.

PART 125—POPULAR PRICED DRESS
MANUFACTURING INDUSTRY

Group I
Sec.
125.1 Induclng breach of contract.
125.2 Defamation of competitors.
125.3 Misrepresentation in general.
125.4 Enticing employees.
125.5 Discrimination.

or