Consumer Law Library

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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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.

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