Milk And Ice Cream Can Industry
16 CFR Part 23 · Trade practice rules · in the Code of Federal Regulations 1938-1959 (4 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1959 CFR · Earliest edition: 1938 CFR
Text (1959 edition, OCR)
Chapter [—Federal Trade Commission or to use any form of threat, intimida- tion, or coercion to induce any member of the industry or other person or persons to engage in any such planned common course of action, or to become a party to any such understanding, agreement, combination, or conspiracy. § 22.15 Use of the word “free.” In connection with the sale, offering for sale, or distribution of industry prod- ucts, it is an unfair trade practice to use the word “free,” or any other word or words of similar import, in advertise- ments or in other offers to the public, as descriptive of an article of merchan- dise, or service, which is not an uncondi- tional gift, under the following circum- stances: (a) When all the conditions, obliga- tions, or other prerequisites to the re- ceipt and retention of the “free” article of merchandise or service offered are not clearly and conspicuously set forth at the outset so as to leave no reasonable probability that the terms of the offer will be misunderstood; and, regardless of such disclosure: (b) When, with respect to any article of merchandise required to be purchased in order to obtain the “free” article or service, the offerer (1) increases the or- dinary and usual price of such article of merchandise, or (2) reduces its qual- ity, or (3) reduces the quantity or size thereof. Norz: The disclosure required by para- graph (a) of this section shall appear in close conjunction with the word “free” (or other word or words of similar import) wher- ever such word first appears in each adver- tisement or offer. A disclosure in the form of a footnote, to which reference is made by use of an asterisk or other symbol placed next to the word “‘free,’”’ will not be regarded as compliance. § 22.16 Misrepresenting products as conforming to standard. In connection with the sale or offering for sale of in- dustry products, it is an unfair trade practice to represent, through advertis- ing or otherwise, that such products conform to any standards recognized in or applicable to the industry when such is not the fact. § 22.17 Procurement of competitors’ confidential information. It is an unfair trade practice for any member of the industry to obtain information concern- ing the business of a competitor by bribery of an employee or agent of such competitor, by false or misleading state- § 22.102 ments or representations, by the imper- sonation of one in authority, or by any other unfair means, and to use the in- formation so obtained so as substantially to injure competition or unreasonably: restrain trade. § 22.18 Aiding or abetting use of un- fair trade practices. It is an unfair trade practice for any person, firm, or corporation to aid, abet, coerce, or induce another, directly or indirectly, to use or promote the use of any unfair trade practice specified in the rules in this part, or of any other unfair method of com- petition or unfair or deceptive act or practice. GROUP II § 22.101 Contractual obligations. The industry condemns repudiation of con- tracts by sellers on a rising market or by buyers on a declining market. Lawful contracts of business obligations should be performed in letter and in spirit. § 22.102 Proper refrigeration. The industry condemns practices at variance with essential health and sanitary tem- perature and refrigeration control re- quirements as constituting a menace to the public healfh and the general wei- fare of the consuming public and the industry. It recommends that the tem- perature and refrigeration of industry products shouid be maintained con- stantly and uniformly not higher than zero degrees Fahrenheit in order to pre- vent spoilage, deterioration, and con- tamination. Part 23—Milk and Ice Cream Can Industry [Revoked] CoprrrcaTion: Part 23 was revoked, 20 F. R. 2662, Apr. 21, 1955. Part 23—Jewelry Industry [Added] Sec. 23.0 Definitions. 23.1 Deception (general). 23.2 Misieading illustrations. 23.3 Misrepresentation as to character of business. 23.4 Deceptive pricing. 23.5 Misuse of terms “close-outs,” “discon- tinued lines,” “special bargains,” etc. 23.6 Substitution of products. 23.7 Use of the word “free.” 23.8 Guarantees, warranties, etc. 23.9 Misuse of term “certified,” etc. Page 155