Guides For Advertising Fallout Shelters
16 CFR Part 229 · Guides · in the Code of Federal Regulations 1968-1993 (25 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1993 CFR · Earliest edition: 1968 CFR
Text (1993 edition, OCR)
Federal Trade Commission PART 229—GUIDES FOR ADVERTISING FALLOUT SHELTERS Sec. 229.0 229.1 229.2 229.3 ity. 229.4 Pictorial and other misrepresenta- tions. 229.5 Deceptive prices. 229.6 Financial terms. 229.7 Guarantees. 229.8 Government connection, approval or endorsement. 229.9 Maintenance or repairs. 229.10 “Custom made,” ‘‘custom built,” etc. 229.11 Model shelters. 229.12 Combination or dual-purpose shel- ters. 229.13 Bait advertising. 229.14 Lottery schemes. 229.15 Scare tactics. AutHoriry: Secs. 5, 6, 38 Stat. 719, as amended, 721; 15 U.S.C. 45, 46. Source: 32 FR 15529, Nov. 8, 1967, unless otherwise noted. § 229.0 Definitions. (a) Fallout shelter. A _ structure which, when properly installed, has a protection factor against fallout gamma radiation of at least 40. Protec- tion factor is the relative reduction in the amount of radiation that would be received by a person in a shelter com- pared with the amount which he would receive if unprotected. For ex- ample, an unprotected person would receive 40 times more radiation than a person in a shelter with a protection factor of 40. (b) Blast-resistant or limited blast- resistant shelter. A structure which qualifies as a fallout shelter and, in ad- dition, is capable of affording a certain minimum amount of _ protection against the effects of a blast overpres- sure and associated nuclear and ther- mal radiation. To qualify as a ‘‘blast- resistant shelter’ a structure must be capable of withstanding an overpres- sure of at least 25 pounds per square inch (psi). To qualify as a “limited blast-resistant shelter’ a structure must be capable of withstanding an overpressure of at least 5 psi. For ex- ample, 5 psi overpressure would occur at a range of about 8% miles from a 10 megaton, and about 18 miles from a Definitions. Fallout and blast protection. Installation. Affirmative disclosures as to capac- 17 § 229.1 100 megaton explosion. 30 psi over- pressure would occur at a range of about 2% miles from a 10 megaton, and about 5 miles from a 100 megaton explosion. Note: These definitions are based upon the minimum technical requirements estab- lished by the Office of Civil Defense, De- partment of Defense. § 229.1 Fallout and blast protection. (a) A structure shall not be described or designated as a “fallout shelter,” or by any other term of like implication, nor shall any representation be made that a structure affords protection against radioactive fallout, unless such structure meets the minimum require- ments set forth in the foregoing defi- — nition of a “fallout shelter.” (b) A structure shall not be de- scribed or designated as a “blast shel- ter’ or by any other term of like impli- cation. (c) A structure shall not be described or designated as a “blast-resistant shelter” or a “limited blast-resistant shelter,” or by any other term of like implication, unless it meets the appli- cable minimum requirements set forth in this part. (d) No representation, express or im- plied, shall be made that a structure affords protection against nuclear blast unless such structure meets the minimum requirements for a “limited blast-resistant shelter.” (e) No advertisement for, or repre- sentation as to the characteristics or capabilities of, any structure designat- ed as a “fallout shelter,” “‘blast-resist- ant shelter,” ‘limited blast-resistant shelter,” or any other term of like im- plication, shall be used without the in- clusion of an affirmative disclosure, in clear and conspicuous terms, of the limits of the protection provided by such structure. Example 1. With reference to a fallout shelter which does not qualify as a ‘limited blast-resistant shelter,’ the advertisement should disclose that the structure has not been designed to afford protection against blast or other related hazards. Example 2. If the structure qualifies as a “limited blast-resistant shelter” or a “‘blast- resistant shelter,” the advertisement should disclose that the structure, when properly installed, will protect its occupants from a § 229.2 blast of-a stated force (such as 10 megatons) occurring an approximate number of miles distant, as set forth in the examples in § 229.0¢b). (f) If a structure meets the mini- mum requirements for a ‘‘fallout shel- ter,” factual and nondeceptive repre- sentations may be made as to the degree and nature of fallout protec- tion afforded. Claims that the fallout protection afforded exceeds the re- quirements shall not be used, however, unless the protection so afforded ex- ceeds the prescribed minimum to a sig- nificant degree. (g) Claims, express or implied, of ab- solute or complete protection from fallout or blast under any and all con- ditions shall not be used. (Guide 1] § 229.2 Installation. (a) Any advertisement offering a shelter shall disclose affirmatively that the structure must be properly installed before it can provide protec- tion as a shelter. (b) No representation shall be made that a shelter can be installed in one day or in any other period of time, unless the installation can in fact be completed within the stated period. (c) Statements which deceptively ex- aggerate the ease or economy with which a shelter can be installed shall not be used. [Guide 2] § 229.3 Affirmative disclosures as to ca- pacity. (a) Whenever any representation is made which conveys any implication as to the size or capacity of the adver- tised shelter, the advertisement must clearly and conspicuously disclose the number of persons the shelter will protect. (b) Advertisements containing pic- tures, a quoted price, the use of the word “family,” are examples of the type of representations which are sub- ject to the above requirement. (c) Minimum standard requirements of the Office of Civil Defense in effect at the time the advertised offer is made will be applied in determining the number of persons that the shel- ter can protect. These requirements take into account the floor space, the air space (cubic volume of the shelter), and the quantity of fresh air required 16 CFR Ch. | (1-1-93 Edition) by each person occupying the shelter. (Guide 3] § 229.4 Pictorial and other misrepresenta- tions. (a) No advertisement shall be used which would mislead prospective buyers, through pictorial representa- tions, or in any other manner, as to the protection afforded by a shelter or as to the size, composition, construc- tion, design, capacity, quality, cost or manner of installation, fire or water- resistant properties, location, or utility of a shelter or any part thereof, or which would be misleading in any other material respect. (b) All construction items featured in a pictorial representation must be included in the price stated in the ad- vertisement. Example 1. Picturization of fallout shel- ters which imply protection against blast ef- fects but which are not capabie of providing this protection shall not be used. Example 2. An advertisement shall not feature the picture of a higher-priced shel- ter in conjunction with the price of a lower- priced shelter, thus leading consumers to believe the higher-priced model can be pur- chased at the lower price. (Guide 4] § 229.5 Deceptive prices. (a) No statement, express or implied, shall be used which misrepresents prices or savings in any manner. (b) Claims that the price offer is for a limited time only or that there will be an increase in price shall not be used unless in fact true. (c) Advertised or quoted prices shall include the cost of all parts of the structure which are essential to its functioning as a shelter. (d) Advertised or quoted prices also shall include all charges for the deliv- ery and installation of the shelter, unless the advertisement clearly and conspicuously discloses that delivery or installation charges are not includ- ed. Note: The Guides Against Deceptive Pric- ing furnish guidance respecting other pric- ing representations and are to be considered as supplementing this section. (Guide 5] 18 Federal Trade Commission § 229.6 Financial terms. (a) Installment purchase plans shall not be misrepresented in any manner nor shall an advertiser claim that loans from any lending institution are available, or that such loans may be insured by the Federal Housing Ad- ministration, unless such is the fact. (b) Down payments shall not be quoted in such a manner as to imply that the down payment constitutes the entire price. . (c) If a shelter is offered at a quoted price under an installment plan which - requires additionally the payment of carrying charges, the fact that carry- ing charges are to be added to the ad- vertised price must be disclosed. (ad) If an interest rate is quoted, it must be simple interest per annum cal- culated on the basis of the unpaid bal- ance due as reduced after crediting in- stallments as paid. [Guide 6] § 229.7 Guarantees. A guarantee shall not be used in such a manner as to constitute a mis- representation of a material fact. For example, ‘“‘guaranteed fallout proof”’ is a representation that complete protec- tion against fallout is afforded under all conditions. This would constitute a misrepresentation of a material fact, contrary to the provisions of § 229.1 of this part. Note: The Guides Against Deceptive Ad- vertising of Guarantees furnish guidance re- specting other guarantee representations and are to be considered as supplementing this section. (Guide 7] § 229.8 Government connection, approval or endorsement. If a shelter design meets the mini- mum requirements of the Office of Civil Defense, the advertiser may reveal this fact. in advertising. Even though the shelter design meets the aforementioned requirements, howev- er, an advertiser shall not represent that the shelter has been approved or endorsed by the Government or is being offered by an agency of the Gov- ernment. Thus, the use of seals, insig- nia, trade or brand names, or any other term or symbol implying Gov- ernment connection, approval, or en- 19 § 229.14 dorsement shall not be used in adver- tising. [Guide 8] § 229.9 Maintenance or repairs. No statement shall be made which misrepresents the extent to which maintenance, repairs or replacement of a shelter or parts thereof may be required. [Guide 9] 7 66 § 229.10 ete. Claims that a shelter is ‘custom made,” ‘‘custom built,’’ or representa- tions of similar import, shall not be used unless the shelter is to be de- signed and built specially for the par- ticular purchaser. [Guide 10] “Custom made,” “custom built,” § 229.11 Model shelters. An advertiser shall not claim that prospective purchasers’ homes have been selected for the installation of “model shelters,” or that the owners thereof will receive any amount of money, a reduction in price or other thing of value conditioned upon the sale to others of similar shelters, when such is not the fact. [Guide 11] § 229.12 Combination shelters.‘ Claims to the effect that a shelter serves a combination or dual purpose shall not be used unless factually true: If a shelter can in fact be utilized for other purposes which would not inter- fere with its use as a shelter, factual and nondeceptive representations as to such other utilization may be made. (Guide 12] or dual-purpose § 229.13 Bait advertising. An advertiser shall not offer a shel- ter for sale unless such offer is made . in good faith for the purpose of selling the advertised shelter. Insincere offers to sell, made for the purpose of. con- tacting prospective purchasers and switching them to a shelter other than the shelter advertised, are not to be used. [Guide 13] § 229.14 Lottery schemes. Sales promotional plans involving lottery shall not be used. (Guide 14] § 229.15 § 229.15 Scare tactics. ‘Scare tactics, such as the employ- ment of horror pictures calculated to arouse unduly the emotions of pro- spective shelter buyers, shall not be used. [Guide 15] PART 230—GUIDES FOR ADVERTISING SHELL HOMES Sec. 230.1 230.2 230.3 230.4 230.5 230.6 230.7 Extent of completion. Size or dimensions. Pictorial representations. Savings. Financial terms. Bait advertising. Guarantees. 230.8 Model homes. 230.9 Delivery and installation. Autuority: Secs. 5, 6, 38 Stat. 719, as amended, 721; 15 U.S.C. 45, 46. Source: 32 FR 15531, Nov. 8, 1967, unless otherwise noted. § 230.1 Extent of completion. (a) Since the typical shell home does not include such features as wiring, plumbing, heating, interior trim and finish, or other requisite components, an advertiser may not represent that the home is finished or completed to any degree inconsistent with the facts. (bo) For example, an advertiser may not claim that the home in its unfin- ished state is habitable, or that it has 16 CFR Ch. I (1-1-93 Edition) porch, carport, chimney, steps, etc., must be included in the price quoted in the advertisement. (b) An advertisement shall not fea- ture the picture of a higher-priced home in conjunction with the price of a lower-priced home, thus leading pro- spective purchasers to believe the higher-priced home can be purchased at the lower price. (c) If the price of any home other than the one pictured in the advertise- ment is quoted, the price of the pic- tured home must be disclosed and quoted with equal size and conspicu- ousness. [Guide 3] § 230.4 Savings. (a) If savings claims are made (1) the basis for the comparison must be clearly disclosed, (2) the savings must - be factually true, and (3) the advertis- ing must clearly disclose: (i) That the buyer must furnish the remaining ma- terial and (ii) that the saving, if any, is based upon the buyer completing the remainder of the work. (bo) For example, if the advertiser - has a factually true savings claim to appliances, fixtures, equipment, mate- rial or services which are not actually included at the time it is accepted by the purchaser. (c) In every case the advertiser must clearly and conspicuously disclose it is a shell home. (Guide 1] § 230.2 .Size or dimensions. (a) An advertiser shall not misrepre- sent, pictorially or through any other means, the overall size or dimension of the home or the rooms or space there- in. (b) This section prohibits misrepre- sentation through the use of picturiza- tions, as well as the publication of fig- ures which exaggerate the size or di- mension. [Guide 2] § 230.3 Pictorial representations. (a) All construction items featured in a pictorial representation, such as a 20 make in comparison either with a proj- ect type or custom-built home, he must disclose the type of home with which the comparison is being made. (c) In determining whether the sav- ings claim is factually true, the com- parison must be based upon a home of like quality, material, size, design and workmanship in the same general lo- cality where the shell home is to be built. (d) If savings claims other than those outlined in paragraphs (a), (b), and (c) of this section, are utilized, the claim must meet the applicable provi- sions of the Commission’s Guides Against Deceptive Pricing. [Guide 4] § 230.5 Financial terms. (a) Installment purchase plans shall not be misrepresented in any manner. This section prohibits claims to the effect that loans are available from any particular lending institution or through a particular lending program, or that loans are federally insured, or that the seller will finance the pur- chaser’s indebtedness, unless such is the fact.