Beauty And Barber Equipment And Supplies Industry
16 CFR Part 153 · Trade practice rules · in the Code of Federal Regulations 1941-1968 (7 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1968 CFR · Earliest edition: 1941 CFR
Text (1968 edition, OCR)
Title 16—Chapter | trade practice for any member of the industry engaged in commerce, in the course of such commerce, knowingly to induce or receive a discrimination in price which is prohibited by provisions of this section. Note: This section is based on the pro- visions of section 2 of the Clayton Act as amended by the Robinson-Patman Act. [Rule 14] § 152.15 Aiding or abetting use of un- fair trade practices. It is an unfair trade practice for any person, firm or corporation to aid, abet, coerce, or induce another, directly or in- directly, to use or promote the use of any unfair trade practice specified in this part. [Rule 15] Group II § 152.101 Information as to treatment and care of products. The practice, by producers, manufac- turers, distributors and vendors, of fur- nishing and disseminating, through tags, labels, advertisement, or other publicity, accurate information as to the proper treatment, care and washing of hosiery products is approved and recommended as a desirable practice to follow in the interest of enabling consumers to obtain and enjoy full benefit of the desirable qualities and service of such products. Nore: This section is not to be construed as relieving anyone of the necessity of com- plying with the requirements of the Wool Products Labeling Act of 1939 or the require- ments of the Textile Fiber Products Identifi- cation Act or with the rules and regulations issued under such Acts, [Rule A] PART 153—BEAUTY AND BARBER EQUIPMENT AND SUPPLIES _IN- DUSTRY Sec. 153.1 153.2 153.3 Group I Deception as to Industry products. Misuse of word “free”. Misrepresentation as to price reduc- tions. Imitation of trade-marks, trade names, etc. . False invoicing. “Push money”, “spiffs’’, etc. Inducing breach of contract, Defamation of competitors or dispar- agement of their products. Aiding or abetting use of unfair trade practices. 153.4 153.5 153.6 153.7 153.8 153.9 § 153.3 COMMITTEE ON TRADE PRACTICES Sec. 153.201 Industry committee. AvutTHorirr: The provisions of this Part 153 issued under secs. 6(g), 5, 38 Stat, 722, 719; 15 U.S.C. 46(g), 45. Source: The provisions of this Part 153 appear at 6 F.R. 3980, Aug. 9, 1941, unless otherwise noted. Group I § 153.1 Deception as to industry prod- ucts. It is an unfair trade practice directly or indirectly to cause or promote the sale, distribution, or use of any prod- uct of the industry by means of adver- tisements, descriptions, photographs, depictions, engravings, insignia, designs, illustrations, brands, labels, radio broad- casts, or other representations or selling methods, (a) Which have the capacity and tend- ency or effect of misleading or deceiving the purchasing or consuming public with respect to the manufacture, processing, packing, distribution, origin, grade, qual- ity, quantity, serviceability, size, sub- stance, content, condition, material, character, or price, or results obtainable from or attendant upon the use thereof; or (b) Which are false, misleading, or deceptive by reason of the concealment or nondisclosure of material fact; or (¢) Which are false, misleading, or de- ceptive in any other respect. Nore: Among the inhibitions of this rule, but not in Hmitation thereof, is the “false advertisement” of any “cosmetic”, “device”, or “drugs’, as such terms are defined in section 15 of the Federai Trade Commission Act. § 153.2 Misuse of word “free’’. The use of the word “free”, or the equivalent thereof, where not properly or fairly qualified when the article is in fact not free, with the capacity and tendency or effect of misleading or deceiving the purchasing or consuming public, is an unfair trade practice. § 153.3 Misrepresentation as to price re- ductions. It is an unfair trade practice for any member of the industry to repre- sent, in advertising or otherwise, that the price of any article, commodity, or other product, has been reduced from what is in fact a fictitious price, or that § 153.4 such price is a reduced or a special price when such price is in fact the regular selling price of such article, commodity, or other product, or that the regular price thereof is higher when such is not the fact, or to otherwise falsely or de- ceptively represent the past or current price of any article, commodity, or other product. § 153.4 Imitation of trade-marks, trade names, etc. The imitation of trademarks, trade names, labels, brands, or containers, or any other distinctive and exclu- sively owned words, phrases, sub- tities, or marks of competitors, with the capacity and tendency or effect of there- by misieading or deceiving the purchas- ing or consuming public, is an unfair trade practice. § 153.5 False invoicing. Withholding from or inserting in an invoice, billing, or statement any mate- rial information by reason of which omission or insertion a false record is made, wholly or in part, of the trans- action which such invoice or billing or statement purports to represent, with the effect of thereby misleading or deceiving the purchasing or consuming public, is an unfair trade practice. 97 66, § 153.6 . It is an unfair trade practice for any member of the industry, directly or indi- rectly, to give, pay, or contract to pay, to any clerk or salesperson of any cus- tomer-dealer handling two or more com- petitive brands of merchandise, ‘push money”, “spiffs”, or any other bonus, gratuity, or payment, as an inducement or encouragement to push or promote the sale of such member’s product or products over competing products of other mem- bers in the industry, (a) With the capacity and tendency or effect of thereby causing the purchas- ing or consuming public, when making purchases of such products, to be misled or deceived into the erroneous belief that such clerk or salesperson is free from any such special interest or influence, or is not so subsidized or paid by such mem- ber; or (b) With the capacity and tendency or effect of thereby hampering and un- duly restricting the legitimate, free, and full use and enjoyment of such retail “Push money spiffs’’, etc. 18 Title 16—Chapter | trade outlets for the distribution to the public of competing products; or (c) With the purpose or effect, directly or indirectly, of otherwise substantially lessening competition or unreasonably restraining trade in the marketing of the products of the industry; or (d) With the effect of thereby bring- ing about the granting of an illegally dis- criminatory service, payment, or price contrary to section 2 of the Clayton Act as amended by the act of Congress ap- proved June 19, 1936, known as the Rob- inson-Patman Act. (e) Nothing in this section shall be construed to prohibit any sales plan which involves no deception, illegal dis- crimination, monopolistic practices, or other illegal effects or practices. § 153.7 Inducing breach of eontract. Inducing or attempting to induce the breach of existing iawful contracts be- tween competitors and their customers or their suppliers by any false or decep- tive means whatsoever, or 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 competitors in their busi- nesses, is an unfair trade practice. § 153.8 Defamation of competitors or disparagement of their products. The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, or the false dispar- agement of the grade, quality, or manu- facture of the products of competitors, or of their business methods, seliing prices, values, credit terms, policies, or services, is an unfair trade practice. § 153.9 Aiding or abetting use of unfair trade practices. It is an unfair trade practice for any person, firm, or corporation to aid, abet, coerce, or induce another, directly or indirectly, to use or promote the use of any unfair trade practice specified in the sections of this part. COMMITTEE ON TRADE PRACTICES § 153.201 The provisions of § 16.1 of this sub- chapter shall be applicable to an indus- Industry committee. Title 16—Chapter | try commitee established under this part. [21 F.R. 1174, Feb. 21, 1956] PART 154—-LUGGAGE AND RELATED PRODUCTS INDUSTRY Sec. 154.0 Definitions. 154.1 Deception (general). 154.2 Deception as to composition. 154.3 Deceptive practices as to aniline finish, graining, embossing and processing. 154.4 Deception as to hardware, frame or box. 154.5 Misuse of the terms “waterproof,” “dustproof,” ‘“warpproof,” “scuff- proof” and “‘scratchproof.” 154.6 False invoicing. 154.7 Substitution of products. 154.8 Commercial bribery. 154.9 Defamation of competitors or false disparagement of their products. 154.10 Procurement of competitors’ confi- dentlal information. 154.11 Unfair threats of infringement suits. 154.12 Deceptive use and imitation of trade or corporate names, trade-marks, etc, 154.18 Guarantees, warranties, etc. 154.14 Coercing purchase of one product as a prerequisite to the purchase of other products. 154.15 Inducing breach of contract. 154.16 Misrepresentation as to character of business. 154.17 Deception in distribution of special lots. 154.18 Use of the word “free.” 154.19 Deceptive pricing. 154.20 Use of gift enterprise or lottery : schemes. 154.21 Prohibited forms of trade restraints (unlawful price fixing, etc.). 154.22 Unfair interference. 154.23 Prohibited discrimination. 154.24 Discriminatory returns. 154.25 Consignment distribution. 154.26 Exclusive dealing. 154.27 Aiding or abetting use of unfair trade practices. AvuTHORITY: The provisions of this Part 154 issued under secs. 6, 5, 38 Stat. 721, 719; 15 U.S.C. 46, 45. Source: The provisions of this Part 154 appear at 27 F.R. 6217, June 30, 1962, unless otherwise noted. § 154.0 Definitions. Industry member. Any person, firm, corporation or organization engaged in the manufacture, sale or distribution of any industry products as defined below. Industry products. Industry products 19 § 154.2 consist of all kinds and type of trunks, suitcases, traveling bags, sample cases, instrument cases, brief cases, ring bind-~ ers, billfolds, wallets, key cases, coin purses, card cases, french purses, dress~ ing cases, stud boxes, tie cases, jewel boxes, travel kits, gadget bags, camera bags, and similar articles, of any com- position. Ladies’ handbags are not included. § 154.1 Deception (general). It is an unfair trade practice to sell, offer for sale, or distribute industry products by any method, or under any circumstance or condition which has the capacity and tendency or effect of mis- leading or deceiving the purchasing or consuming public with respect to the kind, grade, quality, quantity, material content, thickness, finish, serviceability, durability, price, origin, size, weight, ease of cleaning, construction, manufacture, processing, or distribution of any prod- uct of the industry or part thereof, or in any other material respect. [Rule 1] § 154.2 Deception as to composition. (a) In the sale, offering for sale, or distribution of industry products, it is an unfair trade practice to misrepresent the composition of any industry product or part thereof, or to fail to disclose, in the manner hereinafter set forth (see paragraph (b) (9) of this section), ma- terial facts concerning the composition of an industry product when the failure to do so has the capacity and tendency or effect of deceiving purchasers or pro- spective purchasers. (b) The foregoing provisions of this section are to be construed as, but not limited to: (1) Split leather. Requiring disclo- sure’ of the fact that an industry prod- uct, or part thereof, is made of split leather if the split leather is visible or if any representation is made as to the composition thereof. For example, a disclosure such as, Split Cowhide Note: For purposes of this part leather from portions of hides or skins which have been split into two or more thicknesses, other than the grain or hair side, shall be con- sidered split leather. (2) Imitation or simulated leather. Requiring that when an industry prod- uct or part thereof is made of non- 1See subparagraph 9 of this paragraph.