Venetian Blind Industry
16 CFR Part 191 · Trade practice rules · in the Code of Federal Regulations 1959-1977 (12 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1977 CFR · Earliest edition: 1959 CFR
Decisions that mention this industry's rules (1)
Text (1977 edition, OCR)
§ 191.0
PART 191—VENETIAN BLIND
INDUSTRY
Sec.
191.0 Definitions.
Gaovur I
1911 n as to product being a
“venetian blind.”
1913 Misuse of terms “custom built,”
“made to order,” etc.
1913 Misrepresenting products as con-
forming to standard.
1914 Misrepresentation as to being a
manufacturer, wholesaler, jobber,
distributor, or retailer, and con-
cerning prices In relation thereto.
1013 Deception as to used or rebuilt
products.
191.6 Passing off substandard or defective
products as and for regular or
first quality merchandise.
191.7 Guarantees, warranties, etc.
191.8 Misuse of the word “free.”
191.9 Palse invoicing.
191.10 Deceptive pricing.
191.11 Other forms of deception.
191.12 Selling below cost.
191.18 Substitution of products.
191.14 Consignment distribution.
191.15 Commercial bribery.
191.16 Imitation of trade-marks, trade
names, etc.
191.17 Defamation of competitors or dis-
paragement of their products.
191.18 Procurement of competitors’ confi-
dential information by unfair
means and wrongful use thereof.
191.19 Enticing away employees of com-
petitors.
19120 Unfair threats of infringement
suits.
191.21 Inducing breach of contract.
19122 Unlawful coercion and combination
in restraint of trade.
101.23 Tie-in sales; coercing purchase of
one product as a prerequisite to
purchase of other products.
10124 Discrimination.
191.25 Unlawful interference with com-
petitors’ purchases or sales.
10125 Aiding or abetting use of unfair
trade practices.
Gaovur TI
191.101 Arbitration.
191.102 Coercion tn sales.
AvrHoriry; The provisions of this Part 191
issued under secs. 6, 5, 88 Stat. 721, 719; 15
U.3.0, 46, 45, unless otherwise noted.
Source: The provisions of this Part 191
appear at 15 F.R. 4129, June 28, 1950, unless
otherwise noted.
Title 16—Commercial Practices
$191.0 Definitions.
As used in this part the terms “indus-
try products” and “industry member”
shall have the following meanings,
respectively :
(a) Industry products. The products
of the industry consist of (1) venetian
blinds of all types, (2) parts of venetian
blinds, including slats, tape, cord, hard-
ware, facia, head bars, bottom rails, and
other findings, and (3) venetian blind
accessories.
(b) Industry member. Any person,
firm, corporation, or organization en-
gaged in the manufacture, assembly,
sale, or distribution of venetian blinds
or parts, or accessories therefor.
Group I
§ 191.1 Deception as to product being
a “venetian blind.”
It is an unfair trade practice to repre-
sent any product as being a venetian
blind unless such product consists of
numerous thin slats and other parts
which are so assembled as to afford con-
trol of the admission of light and air
through any size window, door, or aper-
ture for which the product is designed
by permitting of the raising, lowering,
and holding of the slats at different po-
sitions, and the simultaneous opening,
closing, tilting, and setting thereof at
any angle, by easy manual operation, the
slats remaining parallel to each other,
and their ends in alignment throughout
any such operation.
§ 191.2 Misuse of terms “custom built,”
“made to order,” ete.
In the sale, offering for sale, or distri-
bution of venetian blinds, it is an unfair
trade practice for an industry member to
use the terms “custom built,” “made to
order,” or any other words or terms of
similar import, as descriptive of any
venetian blind which has not been made
in accordance with specifications as to
size, color, quality, etc., supplied by the
consumer-purchaser prior to the manu-
facture or assembly of the venetian blind,
as distinguished from a product which is
& ready-made or stock venetian blind.
§ 191.3 Misrepresenting products as con-
forming to standard.
Representing, through advertising or
otherwise, that any venetian blind or
other industry products conform to a
102
Chapter |—Federal
standard recognized in or applicable to
the industry when such fs not the fact
is an unfair trade practice.
§ 191.4 Misrepresentation as to being a
manufacturer, wholesaler, jobber,
distributor, or retailer, and concern-
ing prices in relation thereto.
(a) It is an unfair trade practice for
any industry member, by trade or cor-
porate name or otherwise, to represent or
to hold himself out as being the manu-
facturer, wholesaler, jobber, distributor,
or retailer of any venetian blind or other
industry product advertised, offered for
sale, sold, or distributed, when such is
not the fact.
(b) It is an unfair trade practice to
use any other deceptive or misleading
device, method, or representation re-
specting the character, nature, or status
of the business of any person, concern,
or organization engaged in selling or pro-
moting the sale of any venetian blind or
other industry product.
(c) It is an unfair trade practice for
any member of the industry to represent
his prices as being wholesale or manu-
facturers’ prices when such is not true
in fact, or to otherwise misrepresent his
prices. (See also § 191.10.)
§ 191.5 Deception as to used or rebuilt
products.
(a) It is an unfair trade practice for
any member of the industry to sell, offer
for sale, advertise, or otherwise represent
any venetian blind or other product of
the industry as being new or unused
when such fs not the fact.
(b) In the marketing of venetian
blinds which have been used or rebuilt
(or contain used or rebuilt parts) and
which have the appearance of being new,
it is an unfair trade practice to fall to
make fuil and nondeceptive disclosure
of the fact that such produots, or speci-
fled parts contained therein, as the case
may be, have been subjected to previous
tse or have been rebuilt,
8191.6 Passing off substandard or de
fective products as and for regular or
first quality merchandise.
It is an unfair trade practice to ad-
vertise, offer for sale, sell, or cause to be
sold venetian blinds or other industry
90-059—-TT-—_8
Trade Commission § 191.7
products which are “seconds” * or defec-
tive as and for first quality. When vene-
tian blinds or other industry products
which are “seconds,” * or have latent de-
fects, are placed on the market, they
shall be labeled or marked as such,
clearly and conspicuously, and in a man-
ner sufficiently permanent as to carry
to the purchasing or consuming public
and prevent misunderstanding and de-
ception of purchasers.
$191.7 Guarantees, warranties, etc.
(a) It is an unfair trade practice to use
or cause to be used any guarantee which
is false, misleading, deceptive, or unfair
to the purchasing or consuming public,
whether in respect to the kind, quality,
composition, serviceability, value,
method of manufacture of the product,
or in any other respect; or whether de-
ceptive or misleading as to time or char-
acter of the guarantee or by reason of
its being incompletely or confusingly
stated; and it is also an unfair trade
practice for an industry member guar-
antor to fali to scrupulously fulfill the
terms of his guarantee.
(b) The inhibitions of this section
against deceptive or misleading use of
guarantees shall also be applicable te
warranties and to purported warranties
or purported guarantees.
(c) Among the practices inhibitsd by
the foregoing provisions of this section is
that of using guarantees which are
stated, phrased, or set forth in such man-
ner that although the statements con-
tained therein are literally and tech-
nically true, the whole is misleading in
that purchasers or users are not made
sufficiently aware of certain contingen-
eles or conditlons applicabie to such
guarantees which materially lessen the
1A “second” venetian blind is any blind
which has repainted slats, or defects in the
ladders, cord, or hardware, or defects in any
of the other component parts used in the
manufacture of such blinds: Provided, That
venetian blinds having defects in the lad-
ders, cord, hardware, or other component
parts, of a nature seriously affecting use or
durability, should be sold as defective mer-
chandise and not as “seconds;” and that use
of the term “seconds” should be confined to
such blinds as have only defects in appear-
ance or which are of such a nature as not to
seriously affect the utility and serviceability
of the blind.
103
$191.8
value or protection thereof as a guar-
antee to purchasers or users.
§ 191.8 Misuse of the word “free.”
The use of the word “free,” or words of
similar import, in advertising or other-
wise, to designate or describe any prod-
uct or service which is not in truth and
in fact a gift or gratuity, or is not given
to the recipient thereof without requir-
ing the purchase of other merchandise,
or requiring the performance of some
service, inuring, directly or indirectly, to
the benefit of the industry member using
such word, is an unfair trade practice.
$191.9 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 capacity
and tendency or effect of thereby mis-
leading or deceiving purchasers or pro-
spective purchasers, is an unfair trade
practice.
§ 191.10 Deceptive pricing.
It is an unfair trade practice for any
member of the industry to advertise or
otherwise represent prices for industry
products which are false or which have
the capacity and tendency or effect of
misleading or deceiving purchasers or
prospective purchasers. Among the
practices inhibited by this section are:
(a) Representing or implying, in ad-
vertising or otherwise, that a stated price
is for a complete venetian blind, when
in fact the product so priced is deficient
as to parts necessary and usual to the
proper functioning and appearance of a
venetian blind (such as hardware, tilt,
cord stops, equalizer, facia, brackets,
etc.).
(b) Representing or implying, in ad-
vertising or otherwise, that the price of
any venetian blind also inciudes cer-
tain services, such as measuring, install-
ing, etc., when such is not the fact.
(c) Representing, in advertising or
otherwise, that the selling price of any
venetian blind or other industry product
has been reduced from what is in fact a
fictitious price, or that such price is a
reduced or special price when it is in
fact the regular selling price of such
venetian blind or other industry product,
or that the regular selling price thereof
is higher when such is not the fact.
Tlile 16——Commercial Practices
(d) Representing or implying, in ad-
vertising or otherwise, that prices ap-
plicable only to certain sizes of venetian
blinds apply to other or all sizes of blinds.
The inhibitions of this paragraph shall
apply when prices of venetian blinds
published or advertised on a square foot
or other size basis do not apply to all
sizes of the blinds advertised and con-
junctive and conspicuous disclosure of
such fact is not made.
§ 191.12 Other forms of deception.
(a) It is an unfair trade practice to
make or publish, or cause to be made or
published, directly or indirectly, any
faise, misleading, or deceptive statement
or representation, by way of advertise-
ment, depiction, label, mark, brand, or
otherwise, concerning the grade, quality,
freedom from defects or imperfections,
utility, durability, value, thickness, ma-
terial, color, colorfastness, size, fit,? case
of cleaning, washability, automatism, re-
movability, uniqueness, originality, man-
ufacture, or distribution of any venetian
blind or other industry product, or con-
cerning the immunity or resistance of
any such product to warpage, fire, rust,
or Sag; or concerning the identity of the
manufacturer of any venetian blind or
other industry product; or to make any
representation concerning an industry
product which is false or misleading in
any other material respect.
(b) The inhibitions of this section
shall be construed as extending to de-
ceptive conceaiment as to the kind or
kinds of materials used in venetian
blinds or parts thereof.
(c) In the interest of avoiding un-
fair competitive practices and confusion,
misunderstanding, or deception of pur-
chasers or prospective purchasers, ad-
vertisements describing venetian blinds
as having removable slats should non-
deceptively reveal the manner or method
by which the siats may be removed and
!No representation should be made by an
industry member to the effect that a vens-
tian hlind will ft any window, door, aperture,
or space unless the dimensions of the blind
so represented are such that the blind will
upon installation provide shading and con-
trol of all light to which the window, door,
aperture, or space may be exposed, and this
without undue excess of coverage of the
window, door, aperture, or space and without
hindrance to the raising and lowering, or
other functional operations, of the blind.
104
Chapter 1—Federal Trade Commission
replaced when removal or replacement
ig not simple and easy of accomplish-
ment or involves the use of a tool or
mechanical device or the exercise of
special skill. Use of advertisements or
sales promotions which are deceptive or
misleading to the public by reason of
the concealment or nondisclosure of the
manner or method of removing and re-
placing the slats, or which are other-
wise deceptive or false, is an unfair trade
practice.
$191.12 Selling below cost.
The practice of selling venetian blinds
or other industry products at a price
Jess than the cost thereof to the selier,
with the purpose or intent, and where
the effect may be, to injure, suppress, or
stifle competition or tend to create a
monopoly in the production or sale of
sach products, is an unfair trade prac-
tice. As used in this section, the term
“cost” means the total cost to the seller
of any such transactions of sale, includ-
ing the costs of acquisition, processing,
preparation for marketing, sale, and
delivery of such products.
8191.13 Substitution of products.
The practice of shipping or delivering
venetian blinds or other industry prod-
ucts which do not conform to samples
submitted, to specifications upon which
the sale is consummated, or to represen-
tations made prior te securing the
order, without the consent of the pur-
chaser to such substitutions, and with
the capacity and tendency or effect of
misleading or deceiving purchasers, pro-
spective purchasers, or the consuming
public, is an unfair trade practice.
$191.14 Consignment distribution.
It is an unfair trade practice for any
member of the industry to use the prac-
tice of shipping industry products on
consignment or pretended consignment
for the purpose and with the effect of
artificially clogging or closing trade out-
lets and unduly restricting competitors’
use of said trade outlets in getting their
products to consumers through regular
channels of distribution, thereby injur-
ing, destroying, or preventing competi-
tion or tending to create a monopoly or
to unreasonably restrain trade: Pro-
vided, however, That nothing in this
section shall be construed as restricting
or preventing consignment shipping or
marketing of venetian blinds or other
{ndustry products in good faith where
§ 191.18
suppression of competition, restraint of
trade, or undue interference with com-
petitors’ use of the usual channels of dis-
tribution, is not effected.
§ 191.15 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’ customers
or prospective customers, without the
knowledge of their employers or princi-
pals, as an inducement to influence their
employers or principals to purchase, or
contract to purchase, products manu-
factured or soid by such industry mem-
ber or the maker of such gift or offer, or
to influence such employers or princt-
pals to refrain from dealing in the prod-
ucts of competitors or from dealing or
contracting to deal with competitors.
§ 191.16 Imitation of trade-marks, trade
names, etc.
The practice of imitating, or causing
to be imitated, the trade-marks, trade
names, or other exclusively owned sym-
bols, marks of identification, designs, or
patterns of competitors, which have not
been dedicated to the public either di-
rectly or by operation of law, and where
such imitation has the capacity and
tendency or effect of misleading or de-
ceiving the purchasing or consuming
public, is an unfair trade practice.
§ 191.17 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 dis-
paragement of the grade or quality of the
products of competitors or of the source
or origin of raw materials or parts used
in their products, or the false disparage-
ment of the nature or form of business
conducted by competitors, their credit
terms, values, policies, or services, or
other false disparagement, is an unfair
trade practice.
8191.18 Procurement of competitors’
confidential information by unfair
means and wrongful ase thereof.
It 1s an unfair trade practice for any
member of the industry to obtain infor-
mation concerning the business of a
‘105
$191.19
competitor by bribery of an employee or
agent of such competitor, by false or
misleading statements or representa-
tions, by the impersonation of one in
authority, or by any other unfair means,
and to use the information so obtained
in such manner as to injure said com-
petitor in his business or to suppress
competition or unreasonably restrain
trade.
§ 191.19 Enticing away employees of
competitors.
Willfully enticing away the employees
of competitors with the purpose and
effect of thereby unduly injuring or
hampering competitors in their busi-
ness and destroying or substantially
lessening competition is an unfair trade
practice.
Nots: Nothing in this section shall be con-
strued as prohibiting employees or agents
from seeking or obtaining more favorable
employment.
8 191.20 Unfair threats of infringement
suits.
The circulation of threats of suit
for infringement of patonts or trade-
marks among customers or prospec~
tive customers of competitors, not
made in good faith but for the purpose or
with the effect of harassing or intim-
idating such customers or prospective
customers, or of unduly hampering,
injuring, or prejudicing competitors in
their business, is an unfair trade practice.
§ 191.21 Inducing breach of contract.
Inducing or attempting to induce the
breach of existing lawful contracts be-
tween competitors and their customers or
their suppliers by any false or deceptive
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 prej-
udicing competitors in their business, is
an unfair trade practice.
8191.22 Unlawful coercion and com-
bination in restraint of trade.
It is an unfair trade practice for a
member of the industry:
(a) To use, directly er indirectly, any
form of threat, intimidation, or coercion
against any member of the industry or
other person to unlawfully fix, maintain,
or enhance prices, suppress competition,
or restrain trade; or
(b) To enter into or take part in,
directly or indirectly, any agreement,
Title 16—Commercial Practices
understanding, combination, conspiracy,
or concerted action with one or more
members of the industry, or with ene
or more other persons, to unlawfully fix,
maintain, or enhance prices, suppress
competition, or restrain trade.
§ 191.23 Tie-in sales; coercing purchase
of one product as a prerequisite to
purchase of other products.
The practice of coercing the purchase
of one or more products as a prerequisite
to the purchase of one or more other
products, where the effect may be to sub-
stantially lessen competition or tend to
create a monopoly or to unreasonably re-
strain trade, is an unfair trade practice.
§ 191.24 Discrimination!
(a) Prohibited discriminatory prices,
or rebates, refunds, discounts, credits,
etc., which cffect unlawful price discrim-~
ination. In the marketing in commerce
of industry products of like grade and
quality for use, consumption, or resale
within the jurisdiction of the United
States, and subject to paragraph (b) of
this section, it is an unfair trade practice
for any member of the industry engaged
therein to discriminate in price between
different purchasers where the effect
thereof may be substantially to lessen
competition or tend to create a monopely
in any line of commerce, or to injure,
destroy, or prevent competition with such
industry member or with any person
who knowingly receives the benefit of
such discrimination or with their cus-
tomers.
(b) Applicability. The inhibitions
against such discrimination in price
shall be applicable irrespective of
whether the discrimination in the price
itself is effected in the form, or through
the means, of rebates, refunds, dis-
counts, credits, allowances, or other
form of price differential.
3 As used in this section, the word “com-
merce” means “trade or commerce among
the several States and with foreign nations,
or between the District of Columbia or any
Territory of the United States and any State,
Territory, or foreign nation, or between any
insular possessions or other places under
the jurisdiction of the United States, or
between any such possession or place and
any State or Territory of the United States
or the District of Columbia or any foreign
nation, or within the District of Columbia
or any Territory or any insular possession
or other place under the jurisdiction af
the United States.”
106
Chapter |—Federal
(1) However, nothing contained in
this paragraph shall prevent differentials
which make only due allowance for dif-
ferences in the cost of manufacture, sale,
or delivery resulting from the differing
methods or quantities in which industry
products are sold or delivered to sald
purchasers.
(2) Nor shall anything contained in
this paragraph prevent persons engaged
in selling such products in commerce
from selecting their own customers in
bona fide transactions and not in re-
straint of trade.
(3) Nor shall anything contained in
this paragraph prevent price changes
from time to time where made in re-
sponse to changing conditions affecting
either the market for the products con-
cerned, or the marketability of the prod-
ucts, 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
business in the products concerned.
(c) Prohibited brokeage or commis-
sions. In the selling of industry products
in commerce, it is an unfair trade prac-
tice for any member of the industry
engaged therein to pay or grant, or to
recelve or accept, any commission, bro-
kerage, or other compensation, or any
allowance or discount in lieu thereof,
except for services rendered in connec-
tion with the sale or purchase of such
products, either to the other party to
such transaction or to an agent, repre-
sentative, or other intermediary therein,
where such agent, representative, or
other intermediary is acting in fact for
or in behalf, or is subject to the direct or
indirect control, of any party to such
transaction other than the person by
whom such compensation is so granted
or paid.
(a) Prohibited advertising or promo-
tional allowances, etc. In the selling of
industry products in commerce by any
member of the industry, and in the
course thereof, it is an unfair trade prac-
tice for such inember to pay or contract
for the payment of any advertising or
promotional allowances or any other
thing of value to or for the benefit of his
customer as compensation or in consid-
eration for certain services or facilities
furnished by or through such customer,
unless such payment or consideration is
available on proportionally equal terms
to all other customers of such member
Trade Commission § 191.96
competing in the distribution of such
products.
(1) As used in this paragraph, the
certain services or facilities referred to
are such as are furnished by or through
the customer in connection with the
processing, handling, sale, or offering for
sale, of such industry member's
products.
(e) Prohibited discrimination in serv-
ices or facilities. In the sale of indus-
try products bought for resale, with or
without processing, it is an unfair trade
practice for any member of the industry
engaged in commerce to discriminato in
favor of one purchaser against another
purchaser by furnishing certain services
or facilities upon terms not accorded to
all competing purchasers on propor-
tionally equal terms.
(1) Said services or facilities referred
to in this paragraph are such as are con-
nected with the processing, handling,
sale, or offering for sale, of the products
purchased, and the term “furnishing”
as used in this paragraph shall be con-
strued as including contracting to fur-
nish, and contributing to the furnishing
of, the services or facilities,
(f) Inducing or receiving an illegal
discrimination in price. It is an unfair
trade practice for any member of the in-
dustry, in the course of commerce in
which he is engaged, knowingly to induce
or receive a discrimination in price
which is prohibited by the foregoing pro-
visions of this section.
(g) Exemptions. The inhibitions of
this section shall not apply to purchases
of their supplies for their own use by
schools, colleges, universities, public
libraries, churches, hospitals, and chari-
table institutions not operated for profit.
$191.25 Unlawful interference with
competitors’ purchases or sales.
It is an unfair trade practice for any
member of the industry, by means of any
monopolistic practices or through com-
bination, conspiracy, coercion, boycott,
threats, or any other unlawful means,
directly or indirectly, to interfere with
a competitor's right to purchase his raw
materials and supplies from whomso-
ever he chooses, or to sell his product to
whomsoever he chooses.
§ 191.26 Aiding or abetting use of un-
fair trade practices.
It is an unfair trade practice for any
person, firm, or corporation to aid, abet,
107
§ 491.101
coerce, or induce another, directly or
indirectly, to use or promote the use of
any unfair trade practice specified in
$$ 191.1 to 191.25, inclusive.
Grovr II
§ 191.101 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.
§ 191.102 Coercion in sales.
The use of buying power to force un-
economic or unjust terms of sale upon
sellers, and the use of selling power to
force uneconomic or unjust terms of sale
upon buyers, are condemned by the
industry.
PART 192—-OPTICAL PRODUCTS
INDUSTRY
Sec.
192.0 The industry and ite products de-
fined.
192.1 Deception (general).
192.2 False advertising of non-prescription
magnifying spectacles.
192.3 False advertising of contact lenses.
192.4 Bait advertising.
192.6 Guarantees, warranties, etc.
192.6 Deceptive pricing.
192.7 Prohibited payments by dispensers
to doctors: prohibited tying of re-
fractions with dispensing, etc.
1928 Prohibited discrimination.
192.9 Deception as to origin or placé of
manufacture.
192.10 Misrepresenting products as con-
forming to a standard.
192.11 Misrepresentation as to character of
business.
192.12 False invoicing.
192.18 Consignment distribution.
192.14 Commercial bribery.
192.15 False disparagement of competitors
or their products.
192.16 Coercing purchase of one product as
@ prerequisite to purchase of an-
other or other products.
192.17 Inducing breach of contract.
192.18 Enticing away employees of competi-
tors.
192.18 Deceptive use or imitation or simula-
tion of trade or corporate names,
trade-marks, etc.
Title 16—Commercial Practices
Sec.
192.20 Prohibited forms of trade restraints
(unlawful price fixing, etc.)
192.21 Exclusive dealing.
APPENDIX
Authority: The provisions of this Part 192
issued under secs. 6, 5, 33 Stat. 721, 719; 15
U.S.C. 46, 45, unless otherwise noted.
Sovrcs: The provisions of this Part 192
appear at 27 P.R. 6222, June 30, 1962, unless
otherwise noted.
$192.0 The industry and its products
defined.
.
(a) Members of the industry are per-
sons, firms, corporations, or organiza-
tions engaged in the manufacture, proc-
essing, assembly, sale, offering for sale,
or distribution of any kind of industry
products as the term “industry products”
is defined in paragraph (b) of this
section.
(b) The term “industry products,” as
used in paragraph (a) of this section and
in the following sections, includes eye-
glasses and contact lenses which are
designed to provide correction and im-
provement of eyesight, and parts (lenses,
frames, etc.) or accessories therefor. As
here used, the term “eyeglasses” includes
spectacles and eyeglass clip-ons having
nonprescription magnifying lenses, as
well as eyeglasses with prescription
lenses. Sunglasses, goggles and safety
spectacles which are designed solely for
the protection of eyes or eyesight, as
distinguished from correction or im-
provement of eyesight, are not included;
nor are precision lenses for telescopes,
binoculars, ete., to be considered as in-
cluded.
Nore: It is to be understood that the word
“sale,” as used in paragraph (a) of this seo-
tion and in the sections which follow, is to
be construed as including the dispensing of
prescription eyeglasses or contact lenses by
ophthalmologists, oculists, physicians, or
optometrists, to their patients, as well as the
dispensing of such products by opticians te
their customers.
§ 192.1 Deception (general).
(a) It is an unfair trade practice for
any industry member to sell or offer for
sale any industry product under any
representation, circumstances, or condi-
tion, having the capacity and tendency
or effect of deceiving a purchaser or
prospective purchaser in any material
Tespect.
(b) Among the practices which are to
be regarded as prohibited by paragraph
(a) of this section are advertisements
and sales presentations tn newspapers,
108