Trade Practice Rules Respecting The Terms "Water Proof", "Shockproof", "Nonmagnetic", And Related Designations, As Applied To Watches, Watchcases, And Watch Movements
16 CFR Part 170 · Trade practice rules · in the Code of Federal Regulations 1967-1969 (2 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1969 CFR · Earliest edition: 1967 CFR
Text (1969 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 the provi-
sions of this section.
(f) Purchases by schools, colleges, uni-
versities, public libraries, churches, hos-
pitals, and charitable institutions not op-
erated for profit. The foregoing provi-
sions of this section relate to practices
within the purview of the Robinson-Pat-
man Antidiscrimination Act, which act
and the application thereunder of this
section are subject to the limitations ex-
pressed in the amendment to such Rob-
ison-Patman Antidiscrimination Act,
which amendment was approved May
26, 1938, and reads as follows:
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That noth-
ing in the Act approved June 19, 1936 (Pub-
lic, Numbered 692, Seventy-fourth Congress,
second session), known as the Robinson-
Patman Antidiscrimination Act, shall apply
to purchases of their supplies for thelr own
use by schools, colleges, universities, public
libraries, churches, hospitals, and charitable
institutions not operated for profit.
(Sec. 2, 38 Stat. 780, as amended, secs. 2, 3, 4,
49 Stat. 1527, 1528, ch. 288, 52 Stat. 446;
16 U. S. C. 13, 18a, 13b, 18c, 21a)
§ 169.20 Aiding or abetting use of un-
fair trade practices.
It is an unfair trade practice for any
person to aid, abet, coerce, or induce
another, directly or indirectly to use or
promote the use of any unfair trade
practice specified in the regulations in
this part.
PART 170—TRADE PRACTICE RULES
RESPECTING THE TERMS “WATER-
PROOF,” “SHOCKPROOF,” “NON-
MAGNETIC,” AND RELATED DES-
IGNATIONS, AS APPLIED TO
WATCHES, WATCHCASES, AND
WATCH MOVEMENTS
Group I
Sec.
170.1 Terms “waterproof,” “molstureproof,”
“water sealed,” etc.
170.2 Terms “water resistant,” “water repel-
lent,” ete.
170.3 Terms “shockproof,” “shock pro-
tected,” “shock resistant,” etc.
170.4 Term “jarproof.”
170.5 Terms “nonmagnetic,” “antimagnet-
le,” etc.
87
§ 170.1
AuTHORITY: The provisions of this Part
170 issued under secs. 6(g), 5, 38 Stat. 722,
719; 15 U.S.C. 46(g), 45.
Source: The provisions of this Part 170
appear at 12 F.R. 2625, Apr. 24, 1947; 12 FR.
2907, May 1, 1947, unless otherwise noted.
§ 170.1 Terms “waterproof,” “mois-
tureproof,” “water sealed,” etc.
(a) Improper use of the term “water-
proof.” It is an unfair trade practice to
use the term “waterproof” as descriptive
of a watch or watchcase under any false,
misleading, or deceptive circumstances
or conditions, or in any manner which
has the capacity and tendency or effect
of causing the purchasing or consuming
public to be misled or deceived, or of aid-
ing, abetting, or causing salesmen, deal-
ers, or other marketers to mislead, de-
ceive, or confuse the purchasing or con-
suming public.
(b) Use of term “waterproof” without
qualifications or limitations. This sec-
tion shall not be construed as prohibiting
the application of the word “waterproof”
im a nondeceptive manner as descriptive
of a watch or watchcase which is of such
coinposition and construction as to be
and reinain impervious to water and
moisture and immune to damage there-
from, through immersion or otherwise,
throughout the life of such watch or
watchcase.
{c) Use of the term “waterproof” with
qualifications and limitations. In re-
spect to watchcases or watches which
have been manufactured, processed, or
finished so as to be, and when sold to
the purchasing public are, impervious to
water or moisture under Test No. 1 speci-
fied in paragraph (d) of this section,
and immune to damage from water or
moisture, but as to which the continu-
ance of such imperviousness or immunity
is contingent upon certain special care
or maintenance (such as tightening, or
replacing stem packing, back gaskets,
etc., after wear, or after opening the case
for repairs, adjustment, or for other pur-
poses, again resealing, repacking, or
closing the case by specially adapted
tools or instruments, or by competent
experts or by use of other means or
methods, adequate to maintain or restore
said imperviousness and immunity to
water, moisture, and damage), nothing
in this section shall be construed as pro-
hibiting use of the term “waterproof” as
descriptive of such watch or watchcase:
Provided, That in immediate conjunc-
tion with the word “waterproof” such
§ 170.2
term is qualified by full and nondecep-
tive statement and disclosure of such
contingencies and need for said special
care and maintenance: And provided
further, That in such use of the term
“waterproof” no advertising or trade-
promotional set-up, form of labeling, or
other type of representation or presenta-
tion to the public, is used which is de-
ceptive or misleading as a whole or in any
part: And provided further, That the
term “waterproof” is not used or set forth
in such position or at such location on
the watch or elsewhere that the neces-
sary qualifying statement or disclosure
above specified cannot be shown clearly
and fully in immediate conjunction with
the term “waterproof.”
(d) Test No. 1; for imperviousness to
water and moisture under paragraph
(c) of this section. For purposes of de-
termining imperviousness to water and
moisture specified in paragraph (c) of
this section, the following test shall be
acceptable for a watch or watchcase,
namely, complete immersion for at least
five minutes in water under atmospheric
pressure of 15 pounds per square inch
and for at least an additional five min-
utes in water under pressure of at least
35 pounds per square inch, without ad-
mitting, or showing any evidence or ca-
pacity to admit, any moisture or water.
(This test is not to be accepted as show-
ing or indicating the durability of such
imperviousness to water or moisture or
any time or period during which such im-
perviousness may continue.)
(e) Improper use of the terms “mois-
tureproof,’” “water sealed,” “watcr
tight,” “water protected,” etc. The
foregoing several provisions of this sec-
tion applicable to the term “waterproof”
shall be applicable with like force and
effect to the terms “moistureproof,”
“water sealed,” “water tight,” “water pro-
tected,” and words, terms, depictions, or
representations of like import.
§ 170.2 Terms “water resistant,” ‘“‘water
repellent,” etc.
(a) Improper use of the terms “water
resistant,” “water repellent,” etc. It is
an unfair trade practice to use the term
“water resistant” or “water repellent,” or
any word, expression, depiction, or rep-
resentation of like import, as descriptive
of a watch or watchcase under any false,
misleading, or deceptive circumstances
or conditions, or m any manner which
has the capacity and tendency or effect
88
Title 16—Chapter |
of misleading or deceiving the purchas-
ing or consuming public, or of aiding,
abetting, or causing salesmen, dealers,
or other marketers to mislead, deceive,
or confuse the purchasing or consuming
public.
(b) Use of term “water resistant’ or
“water repellent” in relation to test, etc.
Nothing in this section shall be con-
strued as prohibiting use of the term
“water resistant” or “water repellent” as
descriptive of a watchcase or watch
under the following conditions and lim-
itations, namely, when the watchcase or
watch has been so constructed and is
of such composition as to provide pro-
tection against water or moisture to the
extent of meeting the following test,
designated as “Test No. 2,” or a more
severe test, and when, before being
placed upon the market by manufac-
turers, assemblers, importers, or other
marketers, the watch and the case have
undergone such test: Provided, however,
That subsequent to undergoing such test
and before sale of the product to the
purchasing public as and for a water re-
sistant or water repellent watchcase, the
water resistant condition thereof has not
been impaired or destroyed by opening
the case, or otherwise: And provided
further, That no representation is made
which is deceptive in implication, or
otherwise, by reason of concealment of
material fact or by way of guarantee,
warranty, advertisement, label, or other
means indicating or tending to indicate
that the water resistant condition of the
watch or watchcase will remain un-
affected throughout the life thereof, or
that it will not be affected by opening
of the case for repairs or adjustment, or
will not be affected by wear or other con-
dition, when such is not the fact.
Norge: In the interest of avoiding possl-
bilities of misunderstanding and deception
of purchasers, members of the industry or
marketers of watches or watchcases offered
for sale or sold as and for “water repellent”
or “water resistant” products should dis-
close to and inform the purchasing public,
when such is the fact, that the water-repel-
lent and water-resistant condition of the
watch or case will be or may be destroyed
or impaired by, or will not or may not con-
tinue after, having been opened for repairs,
adjustment, or for other purpose, or be-
cause of other contingency encountered in
the customary use or wear of the watch, un-
less the case is again serviced or treated by
competent experts or by other methods ade-
quate to renew or restore its condition of
water resistance or water repellency.
Title 16—Chapter |
(c) Test No. 2; for water resistance or
water repellency. For purposes of this
section, the following is deemed an ac-
ceptable test for water resistance or wa-
ter repellency of a watch or watchcase,
namely, complete immersion of the case
or watch for at least 3 minutes in water
at a pressure equivalent to a depth of
26 feet of water under normal atmos-
pheric pressure of 15 pounds per square
inch, without admitting, or showing any
evidence of capacity to admit, any mois-
ture or water. The so-called vacuum test
of complete immersion in water under a
vacuum sufficient to be productive of
conditions of equivalent or greater sever-
ity may be used as an alternate or addi-
tional test for purposes of this section.
(Neither test is to be accepted, however,
as showing or indicating the durability
of such water resistant or water repel-
lent condition or any time or period dur-
ing which such condition may continue.)
§ 170.3 Terms “shockproof,” “shock
protected,” “shock resistant,” etc.
(a) Improper use of terms “shock-
proof,’ “shock proteeted,” “shock ab-
sorbing,” “shock resistant,” etc. Itis an
unfair trade practice to use the term
“shockproof,” “shock protected,” “shock
absorbing,” “shock resistant,” or any
other word, expression, depiction, or rep-
resentation of like import, as descriptive
of a watch, watchcase, watch movement
or any part thereof, under any false, mis-
leading, or deceptive circumstances or
conditions, or in any manner which has
the capacity and tendency or effect of
causing the purchasing or consuming
public to be misled or deceived, or of
aiding, abetting, or causing salesmen,
dealers, or other marketers to mislead,
deceive, or confuse the purchasing or
consuming public.
(b) Misuse of designation “uncondi-
tionally shock resistant,” and the like.
The foregoing provisions of this section,
which are applicable to the terms “shock-
proof” and “shock protected,” shall be
applicable with like force and effect to
such terms or expressions as “uncondi-
tionally shock resistant,” “100% shock
resistant,” “absolutely shock absorbing,”
and any other superlative or accentua-
tion, or other representation of similar
import.
(c) Use of the terms “shock resistant”
and “shock absorbing.” Nothing in this
section, however, shall be deemed to pro-
hibit use, without superlatives or accen-
tuation of the term “shock resistant’’ or
89
§ 170.5
“shock absorbing” as descriptive of a
watch, watch movement, or part thereof,
to which a mechanical or other device or
type of construction has been adapted
and applied by reason of which both
balance pivots in such watch or watch
movement are protected for shocks, con-
cussions, jolts, or accidental blows of at
least that degree of damaging potential-
ities as would be sustained by said
balance pivots in the watch or watch
movement when faliing in an unpro-
tected condition upon a level solid hard-
wood floor in any position from a height
of three feet: Provided, however, That no
representation is made directly or in-
directly by words, statement, depiction,
or otherwise, in the use of such terms
“shock resistant” and “shock absorbing,”
or in any other manner indicating or
tending to indicate that the shock re-
Sisting or shock absorbing properties or
condition of the watch or watch move-
ment provided greater or more extensive
protection than is in fact true.
§ 170.4 Term “jarproof”.
(a) Improper use of the term “jar-
proof.” It is an unfair trade practice to
use the term ‘“‘jarproof” as descriptive of
a watch, watch movement, or part there-
of, under any circumstances or condi-
tions which are false, misleading, or
deceptive, or in any manner which has
the capacity and tendency or effect of
causing the purchasing or consuming
public to be misled or deceived, or of
aiding, abetting, or causing salesmen,
deaiers, or other marketers to mislead,
deceive, or confuse the purchasing or
consuming public.
(b) Use when watch fully protected
from jars. Nothing in this section shall
be construed as prohibiting use of the
term “jarproof” as descriptive of a watch
or watch movement when such watch or
watch movement has been so constructed
or fitted with devices or otherwise pre-
pared as to be and remain immune to
damage from jars of any type or degree
which are encountered in the uses of a
watch or are likely to be experienced in
such uses.
§ 170.5 Terms “nonmagnetic,”
magnetic,” ete.
(a) Improper use of the terms “non-
magnetic,” “antimagnetic,” etc. It is an
unfair practice to use the terms “non-
magnetic,” “antimagnetic,” or words,
terms, or representations of like import,
as descriptive of a watch or watch move-
“anti-
§ 171.0
ment under any false, misleading, or
deceptive conditions or circumstances,
or in any manner which has the capacity
and tendency or effect of causing the
purchasing or consuming public to be
misled or deceived in respect of the pro-
tection or immunity of such product from
magnetization or of aiding, abetting, or
causing salesmen, dealers, or other mar-
keters to mislead, deceive, or confuse the
purchasing or consuming public in re-
spect thereto or in any other respect.
(b) Use of the term “nonmagnetic.”
Nothing in this section shall be con-
strued as prohibiting use of the term
“nonmagnetic” as descriptive of a watch,
watch movement, or any part thereof, if
the same is immune to magnetization, or
cannot be magnetized under any condi-
tions of use, or other conditions which
ate or may be encountered by users.
(ce) Use of the term “antimagnetic.”
Nothing in this section shall be con-
strued as prohibiting the use of the term
“antimagnetic” as descriptive of a watch
or watch movement which is of such
composition, construction, or treatment
that the metal or substance in the bal-
ance, hairspring, and other parts of the
movement essential to accurate time-
Keeping is such that the daily rate of the
watch or watch movement, in a demag-
netized condition, will not be changed by
more than 15 seconds as a result of hav-
ing been placed in an electrical field of
not less than 60 Gauss and therein kept
for at least 5 seconds in each of the fol-
lowing positions:
Vertical (with pendant In any position),
Horizontal (with dial elther up or down);
Provided, however, That in the use of
such term “antimagnetic” no representa-
tion is made, directly or by implication,
whether by the addition of absolute or
superlative adjectives or by depiction or
other form of representation indicating
or tending to indicate that the freedom
or immunity of such watch or watch
movement from the possibilities of mag-
netization is greater or more certain than
is in fact true.
PART 171—-HOUSEHOLD FABRIC
DYE INDUSTRY
Group I
Sec.
171.0 Definitions.
171.1. Misuse of the terms “ali fabric’, “all
purpose”, and similar representa-
tions, as applied to industry dyes
or tints.
Title 16—Chapter |
Sec.
i71.2 | Misrepresentations as to coverage of
dyes or tints.
171.3 Misrepresentations as to colors or
shades obtainable.
171.4 Use of the words “fast’’, “fadeless”,
“fade-proof”, “unfadable”, “sun-
fast”, ““‘wash-fast’’, and representa-
tions of similar import.
171.5 Deception respecting efficacy of color
removers.
171.6 Disclosure of sponsor and other in-
formation,
171.7 Guarantees, warranties, etc.
171.8 Confusion as to “tint” and “dye”.
171.9 Other forms of deception.
171.10 Improper use of demonstrators and
payment of “spiffs”’, “push money”,
ete.
171.11 Exclusive or pre-emptive deals to
eliminate or suppress competition.
171.12 Advertising or promotional ailow-
ances.
171.13 Other discriminations contrary to
law.
171.14 Miscellaneous unfair trade practices.
171.15 Aiding or abetting use of unfair trade
practices.
AvuTHOoRITY: The provisions of this Part
171 issued under secs. 6(g), 5, 38 Stat. 722,
719; 15 U.S.C. 46(g), 45.
Source: The provisions of this Part 171
appear at 12 F.R. 3478, May 29, 1947; 12 F.R.
3689, June 6, 1947, unless otherwise noted.
§ 171.0 Definitions.
As used in this part, the following
terms shall have the respective definition
set forth below:
(a) Industry product. Shall mean
any dye, tint, or color remover marketed
for use in the home in connection with
fabrics.
(b) Fabric. Shall mean any material
(including yarn) which is spun, woven,
knitted, or felted from natural and/or
man-made textile fibers or filaments,
which material is commercially produced
and used in garments, household fur-
nishings or decorations in the home.
(c) Dye. Shall mean a preparation
marketed by industry members for home
use in restoring color or imparting a new
or different color to fabrics by dyeing or
tinting them.
(a) Color remover. Shall mean a
preparation marketed by industry mem-
bers for home use in removing color
and/or removing stains from fabrics
preparatory to re-dyeing or re-tinting
them, or for home use in removing stains
from white fabrics.