Trade Practice Rules Respecting The Terms Waterproof, Shockproof, Non-magnetic, And Related Designations, As Applied To Watches, Watchcases, And Watch Movements

16 CFR Part 170 · Trade practice rules · in the Code of Federal Regulations 1947-1947 (1 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1947 CFR · Earliest edition: 1947 CFR

Text (1947 edition, OCR)

§ 142.3

Title 16—Commercial Practices

Subchapter B—Trade Practice Conference Rules

PART 142—RADIO RECEIVING SET
MANUFACTURING INDUSTRY

Bec.

142.3 Specific types of advertisements or
representations among those pro-
hibited. [Note]

§ 142.3 Specific types of advertise-
ments or representations among those
prohibited. * * *

(k) * * *

Nore: The following interpretation with
respect to §1423 (k) was issued Feb. 18,
1947, 12 F.R. 1132: :

Under Rule 8 (k) of the Trade Practice
Rules for the Radio Receiving Set Manufac-
turing Industry and in the Nght of the de-
cision of the Court in Zenith Radio Corpora-
tion y. Federal Trade Commission, 7 Cir., 143
F, 2a 29, the Commission considers it im-
proper to include rectifiers in the tube count
in representations that a set contains a desig-
nated number of tubes or is of a designated
tube capacity.

The Commission does not regard it as im-
proper, where the advertisement prominently
and conspicuously states the actual tube
capacity of a radio set (computed without in-
clusion of rectifiers or other devices which
do not perform the recognized and customary
function of radio receiving set tubes in the
detection, amplification and reception of
radio signals) for such advertisement also to
contain a further statement to the effect that
the set in addition contains a rectifier, pro-
vided such is true and the advertisement as a
whole or in any part involves no misrepre-
septatlon or deception. Illustration of such
expression as descriptive of a set containing
eight tubes computed in accordance with the
above and a rectifier is as follows:

An Bight Tube Set: This set in addition
contains a rectifier.

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. [ADDED]

Bec.

170.1 Terms “waterproof,” “moistureproof,”

“water sealed,” etc.

170.2 Terms “water resistant,” “water repei-
lent,” etc.

170.8 Terms “shockproof,” “shock pro-
tected,” “shock resistant,” etc.

170.4 Term “jarproof.”

170.5 Terms “nonmagnetic,” “antimagnet-

ic,” ete.

Page 2802

AUTHORITY: §§ 170.1 to 170.5, inclusive, is-
sued under 38 Stat. 717, as amended; 15
U.S. C, 41, et seq.

Source: §§ 170.1 to 170.5, inclusive, con-
tained in File No. 21-386, Federal Trade
Commission, Apr. 24, 1947, effective 830 days
thereafter, 12 F.R. 2625, 2907,

§1790.1 Terms “waterproof,” “mois-
tureproof,” “water sealed,” etc.—(a) Im-

‘proper use of the term “waterproof.” It

is an unfair trade practice to use the
term “waterproof” as descriptive of a
watch or watchcase 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 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”
in a nondeceptive manner as descriptive
of a watch or watchcase which is of such
composition and construction as to be
and remain 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:

.


Chapter I—Federal Trade Commission

Provided, That in immediate conjunc-
tion with the word “waterproof” such
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-
promotionai 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 necessary
qualifying statement or disclosure above
specified cannot be shown clearly and
fully in immediate conjunction with the
term “waterproof.”

(a) Test No, 1; for imperviousness to
water and moisture under paragraph
(ce) 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
impervioust¥ess 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,” “water
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 iike import. [Rule 1]

§ 170.2 Terms “water resistant,”
“water repellent,” etc—(a) Improper
use of the terms “water resistant,”
“water repellent,” etc. Tt is an unfair
trade practice to use the term “water
resistant” or “water repellent,” or any
word, expression, depiction, or repre-
sentation of like import, as descriptive
of a watch or watchcase under any false,
misleading, or deceptive circumstances
or conditions, or in any manner which

§ 170.2

has the capacity and tendency or effect
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,

Nore: In the interest of avoiding possi-
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 shouid dis-
close to and inform the purchasing public,
when such is the fact, that the water-repel-
jent 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.

Page 2803


§ 170.3

(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 repeHency 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.)
[Rule 2]

§170.3 Terms “shockprooj,” “shock
protected,’ “shock resistant,’ etce.—(a)
Improper use of terms “shockproof,”
“shock protected,” “shock absorbing,”
“shock resistant,” etc. It is an unfair
trade practice to use the term “shock-
proof,” “shock protected,” “shock ab-
sorbing,” “shock resistant,” or any other
word, expression, depiction, or represen-
tation 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 misied 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-

Page 2804

Title 16—Commercial Practices

tuation of the term “shock resistant” or
“shock absorbing” as descriptive of a
watch, watch movement, or part thereoi,
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 falling 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. [Rule 3]

§170.4 Term “farproof’—(a) Im-
proper use of the term “jarproof.” It is
an unfair trade practice to use the
term “jarproof” as descriptive of a
watch, watch movement, or part thereof,
under any circumstances or conditions
which are false, misleading, or decep-
tive, or in any manner which has the
capacity and tendency or effect of caus-
ing 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) 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. [Rule 4]

§170.5 Terms “nonmagnetic,” “anti-
magnetic,” etc—(a) Improper use of the

terms “nonmagnetic,” “antimagnetic,”
etc. It is an unfair practice to use the
terms “nonmagnetic,” ‘‘antimagnetic,”

or words, terms, or representations of
like import, as descriptive of a watch or
watch movement under any false, mis-


Chapter I—Federal Trade Commission

leading, or deceptive conditions or cir-
cumstances, 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 protection or immunity of such
product from magnetization or of aiding,
abetting, or causing salesmen, dealers, or
other marketers to mislead, deceive, or
confuse the purchasing or consuming
public in respect 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
are or may be encountered by users.

(c) 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 either 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. [Rule 5]

PART 171—TRADE PRACTICE RULES
FOR THE HOUSEHOLD FABRIC
DYE INDUSTRY [ADDED]

Sec.
171.0 Definitions. :
171.1 Misuse of the terms “‘all fabric”, “ali

purpose”, and similar representa-
tions, as applied to industry dyes
or tints.

§ 171.1

Sec.

171.2 Misrepresentations as to coverage of
dyes or tints.

171.8. 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 Disciosure of sponsor and other in-
formation.

171.7 Guarantees, warranties, etc.

171.8 Confuslon as to “tint” and “dye”.

171.9 Other forms of deception.

171.10 Improper use of demonstrators and
payment of “spiffs”, “push money”,
etc.

171.11 Exclusive or pre-emptive deals to
eliminate or suppress competition.

171.12 Advertising or promotional allow-
ances,

171.13 Other discriminations contrary to
law. :

171.14 Miscellaneous unfair trade practices.

171.15 Aiding or abetting use of unfair trade
practices. :

AutTHoriry: §§171.0 to 171.15, inclusive,

issued under 38 Stat. 717, as amended; 15
U.S. C. 41, et seq.

Source: §§ 171.0 to 171.15, inclusive, con~
tained in File No, 21-402, Federal Trade Com-
mission, May 29, 1947, 12 F.R. 3478, 3689.

§171.0 Definitions. As used in this
part, the following terms shall have the
respective definitions 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
Gncluding 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.

8171.1 Misuse of the terms “all fab-
ric’, “all purpose’ and similar repre-
sentations, as applied to industry dyes or

Page 2805