Consumer Law Library

Bedding Manufacturing And Wholesale Distributing Industry

16 CFR Part 195 · Trade practice rules · in the Code of Federal Regulations 1959-1978 (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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1978 CFR · Earliest edition: 1959 CFR

Text (1978 edition, OCR)

Appendix

rebate, credit, credit balance, gift, dividend,
participation in or share in profits or other-
wise, would be prohibited under the decree.

Sincerely yours,
H. G. Morison,
Assistant Attorney General
By Wuuis L. HorcHxiss,
Chief, Midwest Office
Antitrust Division.

(Text OF DEPARTMENT'S SEPTEMBER 24, 1951,
LETTER PERTAINING TO INVESTMENT BY Doc-
TORS IN CORPORATIONS ENGAGED IN D1s-
PENSING)

s s s s s

Your second inquiry concerns the applica-
bility of the Judgments to the investment
by doctors in corporations engaged in dis-
pensing. The situation which you describe
may be summarized as foliows:

Four doctors and a layman form a corpo-
ration which is to engage in optical dispens-
ing. Each of these persons pays $2,000 for
20% of the stock. The doctors direct their
patients to the company without disclosing
their ownership interest therein. Each
doctor and the layman receives dividends
proportionate to the amount of stock held
by each, without regard to the number of
referrals. The doctor-stock-helders ‘“‘have no
connection whatsoever with the prices

It is not our general practice to give our
construction of a consent judgment except
with respect to the facts of specific and
identlfied cases involving parties to the
judgment. However, it is our view that the
“stock investment” plan cutlined in the pre-
ceding paragraph would be in violation of
the Optical Rebating Judgments.

Sincerely yours,
H. G. Morison,
Assistunt Attorney General

(Text OF DEPARTMENT'S SEPTEMBER 10, 1951,
LETTER ON CHARGE AND SEND PLANS)

Since receiving your letter requesting an
opinion on the question whether the final
judgment in this case applies to the type of
“charge and send” plan you describe, we
have had a number of inquiries relating to
variations of the same plan asking whether
such plans are permissible under the final
judgments entered in the optical rebating
cases. These inquiries have provided us with
considerable information on the operation
and effect of the various plans.

The basic “charge and send” plan consists
of the following procedure:

(a) the doctor makes a refracticn for
which he charges the patient a professional
fee, writes a prescription, and sends the pa-
tent to a designated optical bouse to have it

illed;

(b) the optical house makes the necessary
measurements, displays the frames and

72

Title 16—Commercial Practices

mountings from which the patient makes
his seiection, quotes the patient the con-
sumer price for the finished glasses, grinds
the lenses to the prescription and mounts
them;

(c) the patient later returns to the optical
house to have the glasses fitted and adjust-
ed, and the optical house then sends the
glasses to the doctor rather than turning
them over to the patient;

(d) the patient returns to the doctor who
turns the glasses over to the patient and coi-
lects the consumer price for them, remits to
the optical house the wholesale price plus
the fitting fee, and retains for himself the
difference between that amount and the
consumer price.

You have described a variant whereby the
doctor would keep a case of sample frames
in his professional office from which tbe pa-
tient would make his selection, with the
doctor then quoting to the patient tbe con-
sumer price.

It is our opinion that the basic “charge
and send” plan is prohibited under the opti-
cal rebating judgments. The same is true as
to the variations which you describe, and
those variations similar thereto, such as the
“C.O.D. charge and send.” Each of these
procedures constitutes a plan, arrangement,
or scheme whereby the doctor obtains a fi-
nancial return arising out of or connected
with dispensing to his patient, with the
doctor performing no real function in the
dispensing procedure other than coliecting
the consumer price. The procedures accom-
plish by indirection, and by a complex and
artificial procedure, what was done directly
and simply under the oid rebate system.
The procedures therefore come under the
prohibition cf the final judgments in this
and the related optical rebating cases.

Sineerely yours,

H. G. Morison,
Assistant Attorney General
By Wuuis L. Horcux1ss,
Chief, Midwest Office
Antitrust Division.

PART 195—BEDDING MANUFACTUR-
ING AND WHOLESALE DISTRIBUT-
ING INDUSTRY

Sec.
195.0 Definition; bedding preducts.

Group I
195.1 Decepticn as to used materials and

Parts.

195.2 Other deception through misrepre-
sentation or cencealment.

195.3 Misuse of the terms “feit,” “felting,”
and “felted.”

195.4 Misuse of the terms “latex,” “foam
rubber,” “latex foam rubber,”’ etc.


Chopter !—Foderal Trade Commission

Sec.
195.5 Misuse of terms “Rx,” “posture,”

“posturized,” “posturite,” “custom
built,” “orthopedic,” “germproof,” and
“waterproof.” .

195.6 Deceptive pricing.

195.7 Guarantees, warranties, etc.

195.8 Deception through failure to differ-
entiate between wholesale and retail
transactions.

195.9 Misuse of the word “free.”

195.10 False invoicing.

195.11 Commercial bribery.

195.12 Defamation of competitors or dis-
paragement of their products.

195.13 Use of iottery schemes.

195.14 Misrepresentation as to character of
business.

195.15 Prohibited discrimination.

195.16 Discriminatory returns.

195.17 Combination or coereion to fix
prices, suppress competition, or restrain
trade.

195.18 Imitation or simulation of trade-
marks, trade names, etc.

195.19 Aiding or abetting use of unfair
trade practices.

195.20 Push money.

Grovp II

195.101 Products to be manufactured, re-
paired, renovated, and sold under sani-
tary conditions.

COMMITTEE ON TRADE PRACTICES
195.201 Industry committee.

AuvrTuoriry: Secs. 6, 5, 38 Stat. 721, 719; 15
U.S.C. 46, 45, unless otherwise noted.

Source: 15 FR 7705, Nov. 14, 1950, unless
otherwise noted.

§ 195.0 Definition; beddiug products.

As used in this part the term “bed-
ding products” shall embrace mat-
tresses of all kinds (including baby
crib mattresses), bed pads, bedsprings,
box springs, metal beds, metal cots,
studio couches, sofa beds, and similar
sleeping equipment.

Group I
§ 195.1 Deception as to used materials and
parts.

(a) It is an unfair trade practice to
manufacture for sale, sell, offer for
sale, advertise, or otherwise represent,
directly or indirectly, any bedding
product as being new when such prod-
uct is not in fact new and is not com-
posed wholly of unused materials and
parts.

§ 195.2

(b) In the marketing of bedding
products containing, in whole or in
part, second-hand materials or parts,
it is an unfair trade practice to fail or
refuse to make fuli and nondeceptive
disclosure, by tag or label attached to
the products and in all advertising and
trade promotional literature, of the
fact that such products are not new
but consist, in whole or in part, of
second-hand materials or parts, such
failure or refusal to disclose having
the capacity and tendency or effect of
misleading or deceiving purchasers,
prospective purchasers, or the consum-
ing public.

(c) Nothing in this section shail be
construed as permitting the sale or
distribution of bedding products which
contain any unsanitary material.

$195.2 Other deception through misrepre-
sentation or concealment.

(a) It is an unfair trade practice for
any industry member to sell, offer for
sale, or distribute any mattress or
other bedding product, or to promote
the sale or distribution thereof, by any
method, or under any circumstance, or
condition, which has the capacity and
tendency or effect of misleading or de-
ceiving purchasers, prospective pur-
chasers, or the cousuming public as to
the material content, composition,
construction, manufacture, design,
utility, durability, resilience, sag resis-
tance, or health or therapeutic proper-
ties, of any mattress or other bedding
product, or which is false, misleading,
or deceptive in any other material re-
spect.

(b) The provisions of this section
shail apply to advertising representa-
tions, labeling, or sehing promotions
which are misleading or deceptive te
the purchasing or consuming publlc by
reason of the concealment or nondis-
closure of a material fact, as well as to
representations, advertisements, or
sales promotional methods which are
false, misleading, or deceptive for any
other reason.

(c) The inhibitions of this section
shail apply specifically to the decep-
tive concealment or nondisclosure of
the kind or kinds of materials used in
the filling and cover of mattresses or
other bedding products.

73


§ 195.3

(d) Nothing in this section shall be
construed as relieving any member of
the industry of the necessity of com-
plying with other applicable provisions
of laws or regulations relating to mat-
tresses or other bedding products, in-
cluding fiber content disclosure or
identification.

§195.3 Misuse of the terms “felt,” “felt-
ing,” and “felted.”

It is an unfair trade practice to use
the term “felt,” “felting,” or “felted”
as descriptive of the filling of a mat-
tress or other bedding product unless
such filling is a compact layer of fibers
which have been specially processed
and interlaced to form a mat of sub-
stantially uniform thickness suitable
for use as a filling for a mattress or
other bedding product: Provided, That
when the filling is of other than
cotton or wool fibers, the term shall be
immediately accompanied by the fiber
identification (as, for example, “felted
kapok,” “sisal felting,” etc.).

§ 195.4 Misuse of the terms “latex,” “foam
rubber,” “latex foam rubber,” ete.

(a) It is an unfair trade practice to
use the term “latex,” “foam rubber,”
- “latex foam rubber,” or any term of
similar import, as descriptive of a bed-
ding product or of any filling thereof,
under any circumstance or condition
having the capacity and tendency or
effect of misleading or deceiving pur-
chasers, prospective purchasers, or the

consuming public.
(b) Under paragraph (a) of this sec-
tion, the terms “latex,” “foam

rubber,” “latex foam rubber,” or other
terms of similar import, shall not be
used to describe a bedding product
unless the filling material thereof is of
latex which has been foamed and
molded into one homogeneous pad:
Provided, however, That when the fill-
ing of any bedding product is in part a
homogencous layer of latex which is
of substantial thickness, such terms
may be used as descriptive thereof if
in conjunction therewith nondeceptive
disclosure is made of the fact that
only a part of such filling consists of
latex: And provided further, That
when the filling is composed, in whole
or in part, of latex which has been
shredded, flaked, or ground, full and

Titie 16—Commerciai Practices

nondeceptive disclosure is made of
such fact, irrespective of whether the
pieces or shreds are in loose form or
are held together by glue or other ad-
hesive agent.

§195.5 Misuse of terms “Rx,” “posture,”
“posturized,”  “ ite,” “custom
built,” “orthopedic,” “germproof,” and
“waterproof.”

In the sale, offering for sale, or dis-
tribution of bedding products, it is an
unfair trade practice:

(a) To use the term “Rx,” or any
term of similar import, as descriptive
of any bedding product which has not
been specially designed and construct-
ed to meet the requirements of a pre-
scription by a member of the medical
profession for the use of a particular
individual;

(b) To use the term “posture,” “pos-
turized,” or “‘posturite,”’ or any term of
similar import, as descriptive of any
bedding product which has not been
specially designed and constructed to
afford correct posture during sleep, or
which, although so designed and con-
structed for such purpose, is not in
fact capable of affording correct pos-
ture during sleep, or which is not capa-
ble of preventing or correcting, or of
contributing materially to the preven-
tion or correction of, posture defects;

(c) To use the term “custom built,”
or any term of similar import, as de-
scriptive of any bedding product which
has not in fact been made in accor-
dance with specifications furnished
prior to manufacture by the individual
purchaser and user of such product;

(d) To use the term “orthopedic,” or
any term of similar import, as descrip-
tive of any bedding product unless
such product has been specially de-
signed and constructed so as to pre-
vent, correct, or afford substantial
relief with respect to a specific body
deformity or deformities and accords
with recommendations of orthopedic
authorities respecting design and con-
struction for such deformity or defor-
mities: Provided, That the term shall
in all cases be accompanied by specifi-
cation of the kind or kinds of body de-
formities for which the product has
been so designed and constructed;

(e) To use the term “germproof,” or
any term of similar import, as descrip-

74


Chapter I—Federal Trade Commissien

tive of any bedding product, unless
such product is, and will remain
throughout its expected life, entirely
free of germs: Provided, That nothing
in this section shall be construed as
prohibiting a representation that a
bedding product is sterile if the prod-
uct at the time of consumer purchase
is completely free of living germs and
is packaged in such manner as to
assure maintenance of its sterile condi-
tion untli after delivery of the product
to the ultimate consumer-purchaser:
And provided further, That the repre-
sentation is not supplemented or made
in any manner which implies that the
sterile condition will continue after re-
moval of the product from its packag-
ing and regardiess of its use and expo-
sure;

(f) To use the term “waterproof,” or
any term of similar import, as descrip-
tive of any bedding product the outer
covering of which is not such as to be
impervious to the entry of water or
moisture throughout the life of such
bedding product; or

(g) To cause any bedding product to
be represented, directly or by implica-
tion, as being a product which is used
in any hospital or clinic or is recom-
mended by members of the medical
profession or by a medical organiza-
tion when such is not the fact, or as
having been designed or made so as to
afford special health, orthopedic, or
therapeutic values, when such is not
the fact.

§195.6 Deceptive pricing.

(a) It is an unfair trade practice for
any member of the industry to repre-
sent, in advertising or otherwise, that
the price of any industry product has
been reduced from what is in fact a
fictitious price, or that such price is a
reduced or a special price when it is in
fact the regular sehing price of such
product, or that the regular price
thereof is higher when such is not the
fact, or otherwise to falsely or decep-
tively represent the past or current
price of an industry product.

(bo) It is an unfair trade practice for
any member of the industry, directiy
or indirectly, to use or to supply to
dealers, or to ald or assist in the use
of, price tags, labeis, or similar devices
which are false or fictitious, or which

15

§ 195.9

such member has reason to believe are
intended to be used or will be used by
dealers or salesmen for the purpose of
misleading or deceiving the purchas-
ing or consuming public in regard to
price, or in any other material respect.

(c) It is an unfair trade practice for
any member of the industry to falsely
represent that the price of any bed-
ding product is a “wholesale price’’ or
a “factory price.”

§ 195.7 Guarantees, warranties, etc.

(a) It is an unfair trade practice to
use, or cause to be used, any guarantee
or warranty which is false, misleading,
deceptive, or unfair to the purchasing
or consuming public, whether in re-
spect to the quallty, construction, ser-
viceability, wearing quallty, method of
manufacture, or in any other respect.

(b) The inhibitions in paragraph (a)
of this section are to be considered as
applicable with respect to any guaran-
tee or warranty in which the terms
and conditions relating to the obliga-
tion of the guarantor or warrantor are
deceptively minimized or stated, or in
which the obligations of the guarantor
or warrantor are impractical of fulfill-
ment; and as also applicable to the use
of any guarantee or warranty in re-
spect of which the guarantor or war-
rantor fails or refuses to scrupulously
observe his obligations thereunder.

(c) It is also an unfair trade practice
to represent any bedding product as
being “guaranteed” unless the nature
and extent of the undertaking, and
the identity of the guarantor are con-
jJunctively disclosed.

§ 195.8 Deception throngh failure to dif-
ferentiate between wholesale and retail
transactions.

Where bedding products are sold at
wholesale and at retail in the same es-
tablishment of a member of the indus-
try, the commingling of the two types
of business in such a manner as to
have the capacity and tendency or
effect of misleading or deceiving pur-
chasers or prospective purchasers is an
unfair trade practice.

§ 195.9 Misuse of word “free.”

Use of the word “free,” or words of
similar import, when employed to de-
seribe any product which is not in


§ 195.10

truth and in fact a gift or gratuity, or
which is not given to the recipient
thereof without requiring the pur-
chase of other merchandise, or requir-
ing the performance of some service
inuring, directly or indirectly, to the
benefit of the industry member using
such term, is an unfair trade practice.

§ 195.10 False invoicing.

Withholding from or inserting in in-
voices or sales tickets any statements
or information by reason of which
omission or insertion a false record is
made, wholly or in part, of the trans-
actions represented on the face of
such invoices or sales tickets, with the
effect of thereby misleading or deceiv-
ing purchasers or prospective purchas-
ers, is an unfair trade practice.

§ 195.11 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, employ-
ees, or representatives of customers or
prospective customers, or to agents,
employees, or representatives of com-
petitors’ customers or prospective cus-
tomers, without the knowledge of
their employers or principals, as an in-
ducement to influence their employers
or principals to purchase or contract
to purchase bedding products manu-
factured or sold by such industry
member or the maker of such gift or
offer, or to influence such employers
or principals to refrain from dealing in
the products of competitors or from
dealing or contracting to deal with
competitors.

§ 195.12 Defamation of competitors or dis-
paragement of their products.

The defamation of competitors by
falsely imputing to them dishonorable
conduct, inability to perform con-
tracts, questionabie credit standing, or
by other false representations, or the
false disparagement of the products of
competitors in any respect, or of their
business methods, sehing prices,
values, credit terms, pollcies, or ser-
vices, is an unfair trade practice.

Title 16—Commerclal Practices

§ 195.13 Use of lottery schemes.

The offering or giving of prizes, pre-
miums, or gifts in connection with the
sale of industry products, or as an in-
ducement thereto, by any scheme
which invoives iottery or game of
chance, is an unfair trade practice.

§ 195.14 Misrepresentation as to character
of business.

It is an unfair trade practice for any
member of the industry, in the course
of or in connection with the distribu-
tion or sale of bedding products, to
misrepresent the character, extent, or
type of his business.

§ 195.15 Prohibited discrimination '

(a) Prohibited discriminatory prices,
rebates, refunds, discounts, credits,
etc., which effect unlawful price dis-
crimination. It is an unfair trade prac-
tice for any member of the industry
engaged in commerce, in the course of
such commerce, to grant or allow, se-
cretly or openly, directly or indirectly,
any rebate, refund, discount, credit, or
other form of price differential, where
such rebate, refund, discount, credit,
or other form of price differential, ef-
fects a discrimination in price between
different purchasers of goods of like
grade and quality, where either or any
of the purchases involved therein are
in commerce, and where the effect
thereof may be substantially to lessen
competition or tond to create a mo-
nopoly in any line of commeree, or to
injure, destroy, or prevent competition
with any person who either grants or
knowingly recoives the benefit of such
discrimination, or with customers of
either of them: Provided, however:

(1) That the goods involved in any
such transaction are sold for use, con-
sumption, or resale within any place
under the jurisdiction of the United
States;

(2) That nothing contained in this
paragraph shall prevent differentials
which make only due allowance for
differences in the cost of manufacture,

1As used in this section, the word ‘‘com-
merce” means trade or commerce among
the several] States and Territories, including
the District of Columbia, in accordance with
the full scope of ‘the definition of such term
found in section 1 of the Clayton Act (38
Stat. 739; 15 USCA, sec. 12).

76


Chapter I—Federal Trade Commissian

sale, or delivery resulting from the dif-
fering methods or quantities in which
such commodities are to such purchas-
ers sold or delivered;

(3) That nothing contained in this
paragraph shall prevent persons en-
gaged in selling goods, wares, or mer-
chandise in commerce from selecting
their own customers in bona fide
transactions and not in restraint of
trade;

(4) That nothing contained in this
paragraph shall prevent price changes
from time to time where made in re-
sponse to changing conditions affect-
ing the market for or the marketabil-
ity of the goods concerned, such as but
not limited to obsoiescence of seasonal
goods, distress sales under court pro-
cess, or sales in good falth in discon-
tinuance of business in the goods con-
cerned.

(b) Prohibited brokerage and com-
missions. It is an unfair trade practico
for any member of the industry en-
gaged in commerce, in the course of
such commerce, to pay or grant, or to
receive or accept, anything of value as
@ commission, brokerage, or other
compensation, or any allowance or dis-
count in lieu thereof, except for ser-
vices 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 intermediary
therein where such intermediary is
acting in fact for or in behalf, or is
subject to the direct or indirect con-
trol, of any party to such transaction
other than the person by whom such
compensation is so granted or pald.

(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 adver-
tlsing or promotional 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 connec-
tion with the processing, handling,
sale, or offering for sale of any prod-
ucts or commodities manufactured,
sold, or offered for sale by such
member, uniess such payment or con-

§ 195.16

sideration is available on proportional-
iy equal terms to all other customers
competing in the distribution of such
products or commodities.

(ad) Prohibited discriminatory ser-
vices or facilities. It is an unfair trade
practice for any member of the indus-
try engaged in commerce to discrimi-
nate in favor of one purchaser against
another purchaser or purchasers of a
commodity bought for resale, with or
without processing, by contracting to
furnish or furnishing, or by contribut-
ing to the furnislling of, any services
or facilities connected with the pro-
cessing, handling, sale, or offering for
sale of such commodity so purchased
upon terms not accorded to all com-
peting purchasers on proportionally
equal terms.

(e) Inducing or receiving an illegal
discrimination in price. It is an unfair
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 paragraphs (a) to (e) of this
section.

(f) Exemptions. The inhibitions of
this section shall not apply to pur-
chases of their supplies for their own
use by sehools, coileges, universities,
public libraries, churches, hospitals,
and charitable institutions not operat-
ed for profit.

(g) Purchases by U. S. Government;
applicability af Robinson-Patman
Antidiscrimination Act to same. In an
opinion submitted to the Secretary of
War under date of December 28, 1936,
the U. S. Attorney General advised
that the Robinson-Patman Antidis-
crimination Act “is not appilcable to
Government contracts for supplies.”
(38 Opinions Attorney General 539.)

$195.16 Discriminatory returns.

It is an unfair trade practice for any
member of the industry engaged in
commerce ' to discriminate in favor of
one customer-purchaser against an-
other customer-purchaser of bedding
products, bought from such member
of the industry for resale, by contract-
ing to furnish, or furnishing in connec-
tion therewith, upon terms not accord-
ed to all competing customer-purchas-
ers on proprotionately equal terms,

See footnote to § 195.15.

717


§ 195.17

the service or facility whereby such fa-
vored purchaser is accorded the privi-
lege of returning bedding products so
purchased and receiving therefor
credit or refund of purchase price:
Provided, however, that nothing in
this part shall be construed as prohib-
iting the return of merchandise by
purchaser, for credit or refund of pur-
chase price, when and because such
merchandise has not been properly
tagged, labeled, or marked by the
seller in accordance with the require-
ments of this part, or has been other-
wise falsely or deceptively tagged, la-
beled, or represented, or when and be-
cause such merchandise is defective in
material, workmanship, or in any
other respect is contrary to guarantee,
warranty, or purchase contract.

$195.17 Combination or coercion to fix
prices, suppress competition, or re-
strain trade.

It is an unfair trade practice for a
member of the industry:

(a) To use, directly or indirectly, any
form of threat, intimidation, or coer-
cion against any member of the indus-
try or other person to unlawfully fix,
maintain, or enhance prices, suppress
competition, or restrain trade; or

(b) To enter into or take part in, di-
rectly or indirectly, any agreement,
understanding, combination, conspir-
acy, or concerted action with one or
more members of the industry, or with
one or more persons, to unlawfully fix,
maintain, or enhance prices, suppress
competition, or restrain trade.

§195.18 Imitation or simulation of trade-
marks, trade names, etc.

The imitation or simulation of the
trade-marks, trade names, brands, or
iabeis of competitors, with the capac-
ity and tendency or effect of mislead-
ing or deceiving purchasers, prospec-
tlve purchasers, or the consuming
public, is an unfair trade practice.

§ 195.19 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, direct-
ly or indirectly, to use or promote the

Title 16—Commercial Practices

use of any unfair trade practice speci-
fied in §§ 195.1 to 195.18 of this part.

$195.20 Push money.

It is an unfair trade practice for any
industry member to pay or contract to
pay anything of value to a salesperson
employed by a customer of the indus-
try member, as compensation for, or as
an inducement to obtain, special or
greater effort or service on the part of
the salesperson in promoting the
resale of products supplled by the in-
dustry member to the-customer:

(a) When the agreement or under-
standing under which the payment or
Payments are made or are to be made
is without the knowledge and consent
of the salesperson’s employer; or

(b) When the terms and conditions
of the agreement or understanding are
such that any benefit to the salesper-
son or customer is dependent on lot-
tery or chance; or

(c) When any provislon of the agree-
ment or understanding requires or
contemplates practices or a course of
conduct unduly and intentionally
hampering sales of products of com-
petitors of an industry member; or

(d) When, because of the terms and
conditions of the understanding or
agreement, including its duratlon, or
the attendant circumstances, the
effect may be to substantlally lessen
competition or tend to create a mo-
nopoly; or

(e) When similar payments are not
accorded to salespersons of competing
customers on proportionally equal
terms in compliance with sectlon 2 (d)
and (e) of the Clayton Act, as amend-
ed.

Nore: Payments made by an industry
member to a salesperson of a customer
under any agreement or understanding that
all or any part of such payments is to be
transferred by the salesperson to the cus-
tomer, or is to result in a corresponding de-
crease in the salesperson’s salary, are not to
be considered within the purview of this sec-
tion 20, but are to be considered as subject
to the requirements and provisions of sec-
tion 2(a) of the Clayton Act, as amended.

(20 FR 332, Jan. 14, 1955]

78


Chapter |—Federal Trade Commissien

Grovrp II

§ 195.101 Products to be manufactured, re-
paired, renovated, and sold under sani-
tary conditions.

The industry condemns the practice
of manufacturing, repairing, renovat-
ing, or selling bedding products under
unsanitary conditions.

COMMITTEE ON TRADE PRACTICES

§ 195.201 Industry committee.

The provisions of §16.1: of this
chapter shall be applicable to an in-
dustry committee established under
this part.

(21 FR 1174, Feb. 21, 1956]

PART 197—RELATING TO THE SALE
AND FINANCING OF MOTOR VEHI-
CLES

Grovr I

Sec.

197.1 Misrepresentation as to insurance
coverage or rates, financing costs, etc.
197.2 Furnishing the purchaser with itcm-
ization of his costs in the installment

sale of motor vehicles.

197.3 Installment sales contract containing
blank spaces to be filled in aftcr its ex-
ecution.

197.4 False, misleading, or deceptive use of
rate charts in connection with the in-
stallment sale and financing of motor
vehicles.

197.5 Requiring the placing of insurance
by the seller or financing institution as a
condition to the sale or financing of a
motor vehicle.

AvutTnorriry: Secs. 6, 5, 38 Stat. 721, 719; 15
U.S.C. 46, 45, unless otherwise noted.

Source: 16 FR 1059, Feb. 6, 1951, unless
otherwise noted.

Group I

§ 197.1 Misrepresentation as to msurance
coverage or rates, financing costs, etc.

It is an unfair trade practice for any
selier or financing institution, acting
individuaily or in agreement, combina-
tion, conspiracy, or coliusion with one
another, to make any false, mislead-
ing, or deceptive statements or repre-
sentations concerning insurance cover-

116CFR 16.1 was deleted at 36 FR 3116,
Feb. 18, 1971.

§ 197.2

age or rates, plans respecting methods
of financing, or financing costs or
rates, in connection with the sale at
retail of motor vehicles on installment
or deferred payment contracts.

§197.2 Furnishing the purchaser with
itemization of his costs In the install-
ment sale of motor vehicles.

(a) In the installment sale of motor
vehicles it is an unfair trade practice
for the seller to fail, before the con-
summation of the sale, to furnish the
buyer an itemization in writing signed
by the seller separately disclosing to
the purchaser the finance charge, in-
surance costs, and other charges
which are pald or to be paid by the
purchaser, such failure to separately
disclose such items having the capac-
ity and tendency or effect of deceiving
the purchaser as to the nature of his
costs in the transaction or rendering
competition with respect to the cost of
good will, and every effort should be
made by the disputants to compose
their differences.

(b) The seiler shall be deemed to
have fully complled with the require-
ments of this section when he has fur-
nished the purchaser, before consum-
mation of the saie, an itemization in
writing which clearly discloses:

(1) The delivered price of the motor
vehicle, including accessories or
extras, if any; and

(2) The amounts to be credited as
down payment and trade-in, if any;
and

(3) The time baiance owed by the
buyer to seller, the amount of each in-
stallment payment to be made by the
buyer, and the number of such instail-
ment payments, and the due dates
thereof; and

(4) The cost of insurance, the cover-
age provided, and the party or parties
to whom the insurance is payable; and

(5) The finance charge; and

(6) Other charges making up the
total consideration paid or to be pald
by the purchaser, included in the time
balance, the amounts and nature of
each to be separately stated;

or when all sald required information
is clearly set forth in the installment
sales contract, chattel mortgage, or
other instrument evidencing the pur-

79