Consumer Law Library

Guides For Shoe Content Labeling And Advertising

16 CFR Part 231 · Guides · in the Code of Federal Regulations 1968-1995 (27 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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: 1968 CFR

Text (1995 edition, OCR)

§ 228.17

he did not receive the value he had rea-
son to expect under the guarantee.

(b) Accordingly, to avoid deception of
purchasers as to the value of guaran-
tees, adjustments should be made on
the basis of a price which realistically
reflects the actual selling price of the
tire. The following would be considered
appropriate price bases for making
guarantee adjustments:

(1) The original purchase price of the
guaranteed tire; or

(2) The adjusting dealer’s actual cur-
rent selling price at the time of adjust-
ment; or

(83) A predetermined price which fair-
ly represents the actual selling price of
the tire.

Whenever an advertisement for tires
includes reference to a guarantee, the
advertisement should also disclose,
clearly and conspicuously, the price
basis on which adjustments will be
made. Such disclosure of the price
basis for adjustments should be in
terms of actual purchase or selling
price, e.g., original purchase price, ad-
justing dealer’s current selling price,
etc. A mere reference to a guarantor’s
“adjustment price,” for example, would
not satisfy this disclosure requirement.
In addition, written material disclosing
the basis for adjustments should be
made available to prospective pur-
chasers at the point of sale, and if the
third method of adjustment is chosen,
such written material should include
the actual price on which guarantee
adjustments will be made. [Guide 16]

§228.17 Safety or performance fea-
tures.

Absolute terms such as ‘“‘skidproof,”
“blowout proof,” “blow proof,” ‘‘punc-
ture proof’ should not be unqualifiedly
used unless the product so described af-
fords complete and absolute protection
from skidding, blowouts, or punctures,
as the case may be, under any and all
driving conditions. (Guide 17]

§228.18 Other claims and representa-
tions.

(a) No claim or representation should
be made concerning an industry prod-
uct which directly, by implication, or
by failure to adequately disclose addi-
tional relevant information, has the
capacity or tendency or effect of de-

16

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

ceiving purchasers or prospective pur-
chasers in any material respect. This
prohibition includes, but is not limited
to, representations or claims relating
to the construction, durability, safety,
strength, condition or life expectancy
of such products.

(b) Also included among the prohibi-
tions of this section are claims or rep-
resentations by members of this indus-
try or by distributors of any compo-
nent parts of materials used in the
manufacture of industry products, con-
cerning the merits or comparative
merits (as to strength, safety, cooler
running, wear, or resistance to shock,
heat, moisture, etc.) of such products,
components or materials, which are
not true in fact or which are otherwise
false or misleading. [Guide 18]

§228.19 Snow tire advertising.

Many manufacturers are now offering
winter tread tires with metal spikes.
Certain States, or other jurisdictions,
however, prohibit the use of such tires
because of possible road damage. Ac-
cordingly, in the advertising of such
products, a clear and conspicuous
statement should be made that the use
of such tires is illegal in certain States
or jurisdictions. Further, when such
tires are locally advertised in areas
where their use is prohibited, a clear
and conspicuous statement to this ef-
fect must be included. [Guide 19)

PART 231—GUIDES FOR SHOE
CONTENT LABELING AND AD-
VERTISING

Subpart A—Labeling

Sec.

Labeling in general.

Simulated or imitation leather.
Concealed innersoles.

Split leather.

Embossed or processed leather.
Ground or shredded leather.

Subpart B—Advertising

231.7 Disclosures in advertising.

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

SOURCE: 32 FR 15532, Nov. 8, 1967, unless
otherwise noted.

231.2
231.3
231.4
231.5
231.6


Federal Trade Commission

Subpart A—Labeling

$231.1 Labeling in general.

(a) (1) The term “‘leather’’ and other
terms suggestive of leather may be
unqualifiedly used in the labeling of
shoes and slippers only when the shoes
or slippers are composed in all substan-
tial parts of top grain leather, exclu-
sive of heels, stiffenings and ornamen-
tation.

(2) If a shoe or slipper is composed in
substantial part of leather, such terms
may be used if immediately qualified
to show clearly what part or parts are
of leather, provided the other require-
ments of this part are met and pro-
vided further that no reference to
leather content shall be so emphasized
as to exaggerate or otherwise decep-
tively represent the quantity, quality
or extent of leather present.

(3) The unqualified term “leather’’
and other terms suggestive of leather
may not be used to describe shoes and
slippers or parts thereof made from
split leather or from ground, pulverized
or shredded leather. The term may be
used if qualified so as to provide an ac-
curate, nondeceptive description of the
split leather or the ground, pulverized
or shredded leather content.

(b) In the labeling of shoes and slip-
pers, no trade name, coined name,
trade-mark, depiction, symbol, or
other words or terms may be used,
which would tend to convey the im-
pression that the shoes or slippers are
made of a certain kind or type of mate-
rial when they are not.

(c) Examples of words and terms pro-
hibited by this section, when applied to
nonleather material are:

“Duraleather.”
“Barkhyde.”

(d) All labeling disclosures required
by this subpart A must be in the form
of stamps, tags or labels imbedded in or
attached to the product itself and so
affixed as to remain thereon until com-
pletion of the sale to the retail cus-
tomer. The disclosures required need
not be in a single location or on the
same stamp, tag or label, but they
must all be easily and readily observed
and understood upon casual inspection
of the shoes or slippers. [Guide 1]

17

§ 231.4

$231.2 Simulated or imitation leather.

‘Shoes or slippers composed either
wholly, or in any part other than heels,
of visible, or partly visible, nonleather
material having the appearance of
leather, or split leather, must bear la-
beling which clearly identifies the part
or parts so composed and which clearly
discloses either:

(a) The materia] is simulated or imi-
tation leather, or

(b) The general nature of the mate-
rial in such manner as will show it is
not leather or split leather.

(c) Examples of disclosures which
will meet the requirements of this sec-
tion, when justified by the facts, are:

“Outersole, innersole and linings composed
of imitation leather,” or ‘‘imitation leath-
er shoeboard.”’

“Midsoles composed of cellulose fibres,’’ or
“cellulose fibre shoeboard.”’

“Sock lining, quarter lining and heel pad are
imitation leather made fram ground leath-
er fibres.”

“Vinyl linings.”’

(d) A disclosure that will not meet
the requirements of this section is:

“Shoeboard innersole.”’
(Guide 2]

$231.8 Concealed innersoles.

(a) Shoes or slippers containing in-
nersoles of nonleather material which
are concealed from view, but which
also contain other visible parts of
leather, must bear a label clearly dis-
closing the presence of the nonleather
innersole.

(b) Examples of disclosures which
will meet the requirements of this sec-
tion are:

“Innersole of nonleather shoeboard.”’

“Innersole of cellulose fibre’ or ‘‘cellulose
fibre shoeboard.”’

‘“Innersole of rubberized felt.”

(c) A disclosure which will not meet
the requirements of this section is:

“Shoeboard Innersole.”’
(Guide 3]

§231.4 Split leather.

(a) Shoes or slippers composed either
wholly or in part of visible split leather
which simulates top grain leather must
bear a label clearly disclosing the ma-


§231.5

terial is split leather and clearly iden-
tifying the part or parts to which the
disclosure applies. (Leather made from
portions of hides or skins which have
been split into two or more
thicknesses, other than the grain or
hair side, shall be considered split
leather.)

(b) Example of disclosures which will
meet the requirement of this section is:

“Upper composed or split cowhide.”’
[Guide 4]

§231.5 Embossed or processed leather.

(a) Shoes or slippers composed either
wholly or in part of visible leather
which has been embossed, dyed, or oth-
erwise processed, so as to simulate the
appearance of a different kind or type
of leather, must bear a label clearly
disclosing the kind or type of leather of
which they are actually made.

(b) If representations as to the leath-
er appearance of the shoes or slippers
are made, the label must reveal the
simulated or imitation nature of the
visible surface, and the disclosure as to
the true composition of the material
must be set forth in immediate con-
junction with such representations.

Erample. ‘“‘Simulated alligator made of
split cowhide.”

[Guide 5]

$231.6 Ground or shredded leather.

Shoes or slippers, composed either
wholly or in part of visible ground, pul-
verized or shredded leather that has
the appearance of being leather must
bear a label clearly identifying the
part or parts involved and clearly dis-
closing either:

(a) The material is simulated or imi-
tation leather, or

(b) The material is of ground, pulver-
ized or shredded leather. [Guide 6]

Subpart B—Advertising

§231.7 Disclosures in advertising.

(a) Whenever a shoe or slipper is vis-
ually depicted in advertising, including
catalogs, with sufficient clarity so that
the picturization itself would have a
tendency to create the impression that
pictorially visible nonleather parts ex-
clusive of heels are composed of leather

18

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

or split leather or that pictorially visi-
ble leather parts exclusive of heels are
composed of a different kind or type of
leather than is the case, the advertis-
ing must contain a statement clearly
and conspicuously disclosing either:

(1) The visible part or parts are simu-
lated or imitation leather, or

(2) The general nature of the visible
part or parts in such manner as will
show they are not leather or not the
type of leather depicted.

Erample. An advertisement contains a pic-
ture of a shoe in sufficient detail as to lead
a casual reader to expect the upper and lin-
ings were composed of leather. This adver-
tisement must disclose the true composition
of these parts or disclose that they are imi-
tation leather.

(b) The term “leather” and other
terms suggestive of leather may be
unqualifiedly used in advertising of
shoes and slippers only when the shoes
or slippers are composed in all substan-
tial parts of top grain leather, exclu-
sive of heels, stiffenings and ornamen-
tation.

(1) If a shoe or slipper is composed in
substantial part of leather, such terms
may be used in advertising if imme-
diately qualified to show clearly what
part or parts are of leather, provided
no reference to leather content shall be
so emphasized as to exaggerate or oth-
erwise deceptively represent the quan-
tity, quality or extent of leather
present.

(2) The unqualified term ‘‘leather”
and other terms suggestive of leather
may not be used to describe shoes and
slippers or parts thereof made from
split leather or from ground, pulverized
or shredded leather. The term may be
used if qualified so as to provide an ac-
curate, nondeceptive description of the
split leather or the ground, pulverized
or shredded leather content.

(3) Terms suggestive of leather may
be used to describe the appearance of a
nonleather material which has the ap-
pearance of leather if immediately ac-
companied by a disclosure that the
term refers only to the appearance and
that the material is not leather.

Erample. ‘‘Imitation Alligator.”

(c) In the advertising of shoes and
slippers, no trade name, coined name,
trade-mark, depiction, symbol, or


Federal Trade Commission

other words or terms may be used
which would tend to convey the im-
pression that the shoes or slippers ad-
vertised are made of a certain kind or
type of material when they are not.

(d) Examples of words and terms pro-
hibited by this section, when applied to
nonleather material are:

“Duraleather.”
“Barkhyde.”

[Guide 7]

PART 233—GUIDES AGAINST
DECEPTIVE PRICING

Sec.

233.1 Former price comparisons.

233.2 Retail price comparisons; comparable
value comparisons.

233.38 Advertising retail prices which have
been established or suggested by manu-
facturers (or other nonretail distribu-
tors).

233.4 Bargain offers based upon the pur-
chase of other merchandise.

233.5 Miscellaneous price comparisons.

AUTHORITY: Secs. 5, 6, 38 Stat. 719, as

amended, 721; 15 U.S.C. 45, 46.

SOURCE: 32 FR 15534, Nov. 8, 1967, unless
otherwise noted.

§233.1 Former price comparisons.

(a) One of the most commonly used
forms of bargain advertising is to offer
a reduction from the advertiser’s own
former price for an article. If the
former price is the actual, bona fide
price at which the article was offered
to the public on a regular basis for a
reasonably substantial period of time,
it provides a legitimate basis for the
advertising of a price comparison.
Where the former price is genuine, the
bargain being advertised is a true one.
If, on the other hand, the former price
being advertised is not bona fide but
fictitious—for example, where an arti-
ficial, inflated price was established for
the purpose of enabling the subsequent
offer of a large reduction—the ‘“‘bar-
gain’? being advertised is a false one;
the purchaser is not receiving the un-
usual value he expects. In such a case,
the “reduced” price is, in reality, prob-
ably just the seller’s regular price.

(b) A former price is not necessarily
fictitious merely because no sales at
the advertised price were made. The
advertiser should be especially careful,

19

§ 233.1

however, in such a case, that the price
is one at which the product was openly
and actively offered for sale, for a rea-
sonably substantial period of time, in
the recent, regular course of his busi-
ness, honestly and in good faith—and,
of course, not for the purpose of estab-
lishing a fictitious higher price on
which a deceptive comparison might be
based. And the advertiser should scru-
pulously avoid any implication that a
former price is a selling, not an asking
price (for example, by use of such lan-
guage as, ‘‘Formerly sold at $——”’),
unless substantial sales at that price
were actually made.

(c) The following is an example of a
price comparison based on a fictitious
former price. John Doe is a retailer of
Brand X fountain pens, which cost him
$5 each. His usual markup is 50 percent
over cost; that is, his regular retail
price is $7.50. In order subsequently to
offer an unusual ‘‘bargain’’, Doe begins
offering Brand X at $10 per pen. He re-
alizes that he will be able to sell no, or
very few, pens at this inflated price.
But he doesn’t care, for he maintains
that price for only a few days. Then he
“cuts” the price to its usual level—
$7.50—and advertises: ‘“Terrific Bar-
gain: X Pens, Were $10, Now Only
$7.50!” This is obviously a false claim.
The advertised “bargain” is not genu-
ine.

(d) Other illustrations of fictitious
price comparisons could be given. An
advertiser might use a price at which
he never offered the article at all; he
might feature a price which was not
used in the regular course of business,
or which was not used in the recent
past but at some remote period in the
past, without making disclosure of
that fact; he might use a price that was
not openly offered to the public, or
that was not maintained for a reason-
able length of time, but was imme-
diately reduced.

(e) If the former price is set forth in
the advertisement, whether accom-
panied or not by descriptive terminol-
ogy such as “Regularly,’’ ‘‘Usually,”
“Formerly,” etc., the advertiser should
make certain that the former price is
not a fictitious one. If the former price,
or the amount or percentage of reduc-
tion, is not stated in the advertise-
ment, as when the ad merely states,