Guides For The Mirror Industry

16 CFR Part 21 · Guides · in the Code of Federal Regulations 1980-1995 (16 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1995 CFR · Earliest edition: 1980 CFR

Text (1995 edition, OCR)

§20.3

(1) Disclosure of the identity of the
rebuilder as, for example:

Rebuilt by John Doe Co.

(2) Disclosure that the product was
rebuilt by an independent rebuilder as,
for example:

Rebuilt by an Independent Rebuilder
(3) Disclosure that the product was

rebuilt by other than the manufacturer
so identified as, for example:

Rebuilt by other than XYZ Motors

(4) Disclosure that the product was
rebuilt for the identified manufacturer,
if such is the case, as for example:

Rebuilt for KYZ Motors
[Guide 2]

§ 20.3 Misrepresentation as to condi-
tion of on of products and misuse of the
built,” “factory rebuilt,”
comanufactured,” etc.
(a) It is an unfair trade practice to
use, or cause or promote the use of,
any statement or representation in ad-

vertising, on containers, on industry

products, or elsewhere, which has the
capacity and tendency or effect of mis-
leading or deceiving purchasers or pro-
spective purchasers as to the condition
of an industry product, or the extent
that an industry product has been re-
paired or reconstructed.

(b) It is an unfair trade practice to
use the words ‘‘Rebuilt,’’ ‘““Remanufac-
tured,” or words of similar import, as
descriptive of an industry product
which, since it was last subjected to
any use, has not been dismantled and
reconstructed as necessary, all of its
internal and external parts cleaned and
made free from rust and corrosion, all
impaired, defective or substantially
worn parts restored to a sound condi-
tion or replaced with new, rebuilt! or
unimpaired used parts, all missing
parts replaced with new, rebuilt! or
unimpaired used parts, and such re-
winding or machining and other oper-
ations performed as are necessary to
put. the industry product in sound
working condition.

(c) It is an unfair trade practice to
represent an industry product as ‘‘Fac-

1In accord with the provisions of this para-
graph (b).

16 CFR Ch. | (1-1-95 Edition)

tory Rebuilt’? unless the product was
rebuilt as described in paregraph (b) of
this section at a factory generally en-
gaged in the rebuilding of such prod-
ucts. (See also §20.2) (Guide 3]

PART 21—GUIDES FOR THE MIRROR
INDUSTRY

Sec.
21.0 Definitions.
21.1 Deception (general).
21.2 Misrepresentation of kind or type of in-
dustry products.

AUTHORITY: Secs. 6, 5, 38 Stat. 721, 719; (15
U.S.C. 46, 45).

SouRcE: 44 FR 11183, Feb. 27, 1979, unless
otherwise noted.

$21.0 Definitions.

As used in this part the terms ‘‘In-
dustry Member’ and “Industry Prod-
ucts’? shall have the following mean-
ing:

(a) Industry member. Any person, firm,
corporation or organization (including
manufacturers, wholesalers, jobbers,
importers, retailers, etc.) engaged in
the manufacture, sale, offering for sale,
or distribution of industry products as
defined below:

(b) Industry products. All kinds and
types of mirrors both utilitarian and
decorative.

(c) For the purposes of this part the
following definitions shall apply:

Plate glass. A transparent glass, the
two surfaces of which are flat and par-
allel so that they give clear and undis-
torted vision and reflection, manufac-
tured either by floating hot glass in
ribbon form upon a heated liquid of
greater density than that of glass or by
grinding and polishing a ribbon of glass
formed between two rolls.

Window glass. A transparent glass
which has been drawn or rolled, has
glossy, fire polished surfaces and a
characteristic waviness of its surfaces
which is visible when viewed at an
acute angle or in reflected Hight. Win-
dow glass is sometimes referred to in
the industry as sheet or shock glass.

$21.1 Deception (general).

It is an unfair trade practice for any
industry member in connection with
the sale, offering for sale, or distribu-
tion of industry products to use any

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Federal Trade Commission

advertisement? or representation
which is false, or which by failure to
disclose material facts has the capac-
ity, tendency or effect of misleading
purchasers or prospective purchasers
with respect to the type, grade, qual-
ity, quantity, use, size, design, mate-
rial, finish, strength, backing, silver-
ing, thickness, composition, origin,
preparation, manufacture, value, or
distribution of any product of the in-
dustry, or in any other material re-
spect. (Guide 1)

§21.2 Misrepresentation of kind or
type of industry products.

It is an unfair trade practice for any
member of the industry to sell, offer
for sale, or distribute any industry
product under any representation or
circumstance having the capacity and
tendency or effect of misleading or de-
ceiving purchasers or prospective pur-
chasers in any respect with regard to
the kind or type of glass contained in
any industry product, or the kind or
type of backing affixed thereto.

(a) Misrepresentation as to kind or type
of glass. (1)(i) It is an unfair trade prac-
tice to sell, offer for sale, or distribute
any industry product containing ‘“‘win-
dow glass’? unless such product is
marked, labeled, or stamped so as to
reveal that the glass is ‘window
gilass.”’

(ii) The disclosure required by this
section must be made on the product
and be of such conspicuousness and leg-
ibility as to readily come to the atten-
tion of the casual observer, and of such
permanence, and so affixed, as to re-
main on the product until consumma-
tion of consumer sale thereof. Such dis-
closure is not required upon industry
products 72 square inches or less in
size.

(2) In the sale, offering for sale, or
distribution of industry products, it is
an unfair trade practice to represent

1The word “advertisement”? as here used
includes any written or verbal statement,
notice, presentation, illustration, or depic-
tion which directly or indirectly promotes
the sale of any industry product, or creates
an interest in the purchase of any such prod-
uct, whether same appears in a newspaper,
magazine, catalog, letter, sales promotional
literature, radio or television broadcast, or
in any other media.

§21.2

that a product contains “crystal” or
“crystale’’ glass, when, contrary to the
representation, such product contains
a different glass, e.g., ‘‘plate glass’? or
“window glass.”

(3) In the sale, offering for sale, or
distribution of industry products it is
an unfair trade practice to represent
window glass as ‘‘distortion free,’’ or to
represent any other kind of glass as
“distortion free,’? when such is not the
fact.

(4) In the sale, offering for sale, or
distribution of industry products it is
an unfair trade practice to describe the
glass contained in an industry product
as ‘shatter proof’’ unless the glass is so
constituted or treated so as in fact to
prevent, in the event of breakage, the
shattering and dispersal of particles of
the glass.

(b) Misrepresentation as to backing. (1)
In the sale, offering for sale, or dis-
tribution of industry products it is an
unfair trade practice to represent that
an industry product is ‘copper
backed’’, or is backed with “metallic
copper’ or has a “copper electro-
plated” back, or to similarly use any
other word, term or legend of like im-
port as descriptive of the backing of an
industry product, unless the electro-
plating of the copper backing is accom-
plished by an electrolytic process.

NOTE: For the purposes of this section it is
established that both the ‘‘galvanic,’’ or
“contact” method, of electroplating (i.e., the
plating method using a self induced electric
current), and the method using an external
source of current, are truly electroplating
processes. Both processes are equally well
defined by the definition of Electroplating
established by the American Society for
Testing Materials, as follows:

“Electroplating: The electro-deposition of

an adherent metallic coating upon an elec-
trode for the purpose of securing a surface
with properties or dimensions different from
those of the basic metal.”
No useful purpose can be served by attempt-
ing to establish a differentiation between the
mirror backing produced by these two meth-
ods.

(2) Nothing in this section shall be
construed as prohibiting the use of rep-
resentations that any backing on prod-
ucts of the industry contains copper,
which has been applied mechanically
or by means other than the use of elec-
tric current when such is the fact, pro-

137


§ 22.0

vided that a clear and conspicuous dis-
closure is made in conjunction with
such representations as to the manner
of application of the backing, as for ex-
ample, ‘‘window glass mirror, painted
back.”’

(8) The disclosure of the kind or type
of glass and the kind and type of back-
ing thereof required under this section
may be in the form of a stamp, tag,
mark or label on or attached to the
product and shall be of such size type
and so situated that it will come to the
attention of the casual observer and be
so affixed as to remain on the product
until consumption of consumer sale.

(4) The following are examples of the
marks, stamps or labels which will be
regarded as meeting the requirements
of this section: An industry product
containing “plate glass,’’ copper
backed by an electrolytic process may
be marked or described “plate glass-
copper electroplated,” or ‘‘float glass-
copper backed’; an industry product
containing window glass backed by an
electrolytic process may be marked or
described ‘‘window glass-copper plated
back”? or “sheet glass-copper plated
back,’”’ or an article containing plate
glass backed with a copper plating
which has been applied mechanically
-or by means other than the use of elec-
tric current may be marked or de-
scribed as ‘“‘plate glass-painted back.’’
[Guide 2]

PART 22—GUIDES FOR THE HOSIERY
INDUSTRY

Sec.

22.0 Definitions.

22.1 Scope of guides in this part; imports
and exports.

22.2 Deception (general).

22.3 ‘“‘Lisle.””

22.4 ‘‘Irregulars’’ or ‘‘seconds”’.

22.6 Removal, obliteration, or alteration of
marks.

22.6 Size markings and designations.

AUTHORITY: Secs. 6, 5, 38 Stat. 721, 719; 15
U.S.C. 46, 45.

Source: 44 FR 11184, Feb. 27, 1979, unless
otherwise noted.

NOTE: Nothing in this part is to be con-
strued as relieving anyone of the necessity of
complying with the requirements of the
Wool Products Labeling Act of 1939 or the re-
quirements of the Textile Fiber Products

16 CFR Ch. | (1-1-95 Edition)

Identification Act or with the rules and reg-
ulations issued under such Acts.

$22.0 Definitions.

As used in this part the terms “in-
dustry member” and ‘industry prod-
ucts’’ shall have the following mean-
ing:

Industry member. Any person, firm,
corporation, or organization (including
manufacturers, wholesalers, jobbers,
importers, retailers, etc.) engaged in
the sale, offering for sale, or distribu-
tion, in commerce, of industry prod-
ucts as defined below.

Industry products. Hosiery for men,
women and children, including all
types and kinds of hose, stockings,
socks, anklets, and other related prod-
ucts of the Hosiery Industry.

$22.1 Scope of guides in this part; im-
ports and exports.

(a) Applicability. Except where other-
wise required by law, the guides in this
part shall apply to all hosiery produced
in the United States or offered for sale,
sold or distributed in the American
market.

(b) Imports. Imported hosiery is sub-
ject to the guides in this part (and the .
marking requirements herein specified)
the same as domestic hosiery, irrespec-
tive of whether the hosiery was origi-
nally manufactured in the United
States and exported and thereafter im-
ported; or whether it was manufac-
tured in a foreign country and im-
ported from such foreign country or
another country into the United
States; or whether the hosiery, foreign
or domestic, was introduced into the
American market in any other way.

(c) Exports. Hosiery produced in the
United States for export to a foreign
country need not be marked in accord-
ance with the requirements of the
guides in this part, except:

(1) Where such hosiery, although in-
tended for export, or actually exported,
is subsequently offered for sale or sold
for use, consumption or resale within
the United States or place subject to
its jurisdiction; or

(2) Where such hosiery manufactured
in the United States for export, or sold
for export, is marked, sold or exported
in such manner or under such condi-
tions as to involve fraud or deception,

138