Guides For Advertising Radiation Monitoring Industry
16 CFR Part 232 · Guides · in the Code of Federal Regulations 1977-1977 (1 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1977 CFR · Earliest edition: 1977 CFR
Text (1977 edition, OCR)
Chapter l—Federal
(d) Examples of words and terms pro-
hibited by this section, when applied to
nonleather material are:
“Duraleather.”
“Barkhyde.”
(Guide 7]
PART 232—GUIDES FOR ADVERTIS-
ING RADIATION MONITORING IN-
STRUMENTS
Sec.
232.0 Application.
232.0-1 Explanation of terms.
232.1 Products adequate for home civil
defense use.
282.2 Products of limited home civil
defense use—effirmative disclo-
sures of limitations,
232.3 Representations for toys, novelties,
etc.
232.4 Representations for professional
monitoring instruments.
232.5 Representations requiring qualifica-
tions.
232.6 Government approval or endorse-
ment.
232.7 Performance claims and other
representations.
AuTHorIry: The provisions of this Part 232
issued under secs. 5, 6, 88 Stat. 719, as
amended, 721; 15 U.S.C. 45, 46, unless other-
wise noted.
Source: The provisions of this Part 282
appear at 32 F.R. 15633, Nov. 8, 1967, unless
otherwise noted.
8 232.0 Application.
This part is applicable to the adver-
tising of instruments, devices or other
products which are represented in any
manner to be of use to the general pub-
lic for detecting or measuring fallout
radiation, All forms of advertising, label-
ing and other promotional material,
however, disseminated, are within the
scope of this part.
§ 232.0-1 Explanation of terms.
As used in this part:
(a) “Gamma radiation” refers to the
high energy radiation which would be
given off by radioactive fallout particles
and would present the major radiation
hazard for the first few weeks after a
nuclear attack;
(b) “Roentgen” refers to the standard
unit of measure for the amount (dose)
of gamma radiation exposure;
(ec) “Dosimeter” refers to an instru-
ment or device designed to measure the
accumulated amount (total dose) of
gamma radiation to which an individual
Trade Commission § 239.1
or area has been exposed during the
period of measurement;
(ad) “Rate meter” refers to an instru~
ment or device designed to measure the
intensity (dose rate) of gamma radiation
existing at the time and place of meas-
urement;
(e) “Official OCD Criteria” refers to
the “Criteria for Radiation Instruments
for Use by the General Public”! as pub-
lished by the Office of Civil Defense,
Department of Defense, Washington,
D.C. 20301.
§ 232.1 Products adequate for home
civil defense use.
(a) A product should not be repre~
sented, directly or by implication, as pro-
viding an adequate means whereby fam-~-
flies or individual users may detect or
measure radiation resulting from a nu-
clear attack, unless the product meets
the Official OCD Criteria in all material
respects.
(b) The following are some examples
of products which would fail, in material
respects, to meet the Official OCD
Criteria:
Ezample 1. A rate meter which will not
measure (indicate quantitatively) gamma ra-
diation dose rates from 1 to at least 100
roentgens per hour and give positive indica-
tion when the dose rate is between 100
roentgens per hour and 1,000 roentgens per
hour;
Example 2. A dosimeter which will not
measure (indicate quantitatively) accumu-
lated doses of gamma radiation:
a. From zero to at least 600 roentgens, or
b. From zero to at least 200 roentgens
(when provision is made for resetting the
instrument's indicator back to zero to permit
further use);
Example 3. A rate meter which will not
provide a measure of gamma radiation within
an over-all accuracy of plus or minus 35 per-
cent of the true gamma radiation intensity
(dose rate);
Ezample 4, A dosimeter which wili not
measure gamma radiation within an over-all
accuracy of pius or minus 25 percent of the
true accumulated amount (total dose) of
gamma, radiation;
Example 5. An instrument, the operation
of which wouid be matertally affected by
temperature changes, habitable altitudes,
high humidity and other climatic and
weather conditions, or by prolonged periods
of storage:
1 Copies of the “Criteria for Radiation In-
struments for Use by the General Public” are
availabie upon request from the Office of
Civil Defense, Department of Defense, Wash-
ington, D.C. 20801.
269
$939.9
Ezample 6. An instrument or device which
would require the user to evaluate the radi-
ation dose or dose rate by nothing more than
bis interpretation of variations in tone,
brightness, loudness, color or photographic
densities.
{Guide 1]
§ 232.2 Products of limited home civil
defense use—affirmative disclosures
of limitations.
A product which does not meet the offi-
cial OCD criteria in all materlal respects,
but which would be of some significant
use in detecting and measuring fallout
radiation, should not be represented, di-
rectly or by implication, as providing any
means whereby members of the general
public could detect or measure radiatlon
resulting from a nuclear attack, unless
all advertising, labeling and promotional
material used therefor clearly and con-
spicuously disclose all material respects
in which the product fails to meet the
official OCD criteria. [Guide II]
§ 232.3 Representations for toys, novel-
ties, etc.
Products which cannot be relied on to
serve a significant purpose in detecting
and measuring radiation after a nuclear
attack, should not be advertised or la-
beled in any manner which would convey
the impression that the product would
fulfill any such home civil defense need.
(Guide DT]
§ 232.4 Representations for professional
monitoring instruments.
Professional, industrial, laboratory and
other types of products designed for spe-
cialized radiation monitoring, but which
would not be of practical use for some
significant home clvil defense need,
should not be represented in any manner
that would convey the impression that
the product would be useful for home
civil defense purposes. [Guide IV]
§ 232.5 Representations requiring quali-
fications.
(a) Representations which are sus-
eeptible of more than one interpreta-
tion, one or more of which would be
misleading, should be qualified to remove
the deceptive implications.
Example 1. Claims implying that radiation
monitoring instruments provide “protection”
from fallout radiation are misleading because
such instruments only detect and measure
radiation. Shelter is required for protection
against radiation hazards. Therefore, any
Title 16—Commercial Practices
statement implying that monitoring instrue
ments afford protection, such as, “Help Pro-
tect the Famtly,” shouid be properly qualified.
Example 2. Such representations as “De-
tect and Measure Radiation” should be quali-
fied so as to make !t clear that the advertised
product would be adequate for measuring
only dose rates or only total doses of gamma
radiation, as the case may be, unless the
product adequately provides for making
both types of measurements.
(b) Representations which cannot be
quaiified without the qualification
amounting to a contradiction should not
be used.
Example 1. Representations such eas “100
percent Accurate” and ‘Fully Accurate,” or
any other expressions implying that an In-
strument would be completely accurate
under all possible conditions of use, should
not be used unless true in fact, because
any qualification would amount to a
contradiction.
Example 2. If a product does not include
an adequate dosimeter and an adequate rate
meter it should not be represented as a
“Complete Family Kit,” because any quali-
fication of that claim, or one of similar
meaning, would necessartly contradict the
implication that a family would need nothing
more than the Kit to satisfy its basic radia-
tion monitoring needs.
(c) Qualifications or disclosures should
be made clearly and ccnspicuously in
close conjunction with any representa-
tion which makes the qualification or
disclosure necessary, and should have
sufficient prominence to be observed by
casual readers. Qualifications and dis-
closures should not be deceptively de-
emphasized through use of smail print,
asterisks, footnotes or by any other
means. (Guide V]
§ 232.6 Government approval or endorse-
ment.
If a3 product meets the official OCD
criteria, the advertiser may reveal this
fact in advertising. However, even though
the product meets such criteria, an ad-
vertiser should not represent in any man-
ner that the product is being offered by,
or has been approved, accepted, recom-
mended or otherwise endorsed by the
Government or any agency thereof. Thus,
representations, pictures, seals, insignia,
trade or brand names, or any other term
or symbol which would imply any Gov-
ernment connection, approval or any
other form of governmental endorse-
ment, should not be used. [Guide VI]
270
Chapter |—Federal
¢ 232.7 Performance claims and other
representations.
No representation should be made, in
any manner, which would mislead pro-
spective purchasers concerning:
(a) A product’s manner of perform-
ance, capabilities, reliability, utility,
durability, or shock-resistant or mois-
ture-resistant properties; or :
(b) The ease or simplicity with which
&@ product may be operated, interpreted,
calibrated, tested, repaired or main-
tained. [Guide VII]
Nore: The Federal Trade Commission’s
Guides Against Deceptive Pricing and Guides
Agalnst Deceptive Advertising of Guarantees
furnish guidance respecting price and guar-
antee representations.
PART 233—GUIDES AGAINST
DECEPTIVE PRICING
Sec.
283.1 Former price comparisons,
233.2 Retail price comparisons; comparable
value comparisons.
238.3 Advertising retail prices which have
: been established or suggested by
manufacturers (or other nonretall
distributors).
288.4 Bargaln offers based upon the pur-
chase of other merchandise.
233.5 Miscellaneous price comparisons.
AvurHoritr: The provisions of this Part 283
issued under secs. 5, 6, 38 Stat. 719, as
amended, 721; 15 U.S.C. 45, 46, unless other-
wise noted.
Sources: The provisions of this Part 233
eppear at 82 F-R. 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 sub-
stantial period of time, it provides a
legitimate basis for the advertising of a
price comparison. Where the former
price is genuine, the bargain being ad-
vertised is a true one. If, on the other
hand, the former price being advertised
is not bona fide but fictitious—for ex-
ample, where an artificial, inflated price
was established for the purpose of en-
abling the subsequent offer of a large
reduction—the “bargain” being adver-
tised is a false one: the purchaser is not
receiving the unusual value he expects.
In such a case, the “reduced” price is, in
reality, probably just the seller’s regular
price.
Trade Commission $ 233.1
(b) A former price fs not necessarily
fictitious merely because no sales at the
advertised price were made. The adver-
tiser should be especially careful, how-
ever, in such a case, that the price is one-
at which the product was openly and
actively offered for sale, for a reasonably
substantial period of time, in the recent,
regular course of his business, honestly
and in good faith—and, of course, not.
for the purpose of establishing a ficti-
tious higher price on which a deceptive
comparison might be based. And the
advertiser should scrupulously avoid any
implication that a former price is a sell-
ing, not an asking price (for example, by
use of such language 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 offer-
ing Brand X at $10 per pen. He realizes
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 ad-
vertises: “Terrific Bargain: XX Pens,
Were $10, Now Only $7.50!” This is ob-
viously a false claim. The advertised
“bargain” is not genuine.
(d) Other lWustrations 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 & price that was not openly offered
to the public, or that was not maintained
for a reasonable length of time, but was.
immediately reduced.
(e) If the former price is set forth in
the advertisement, whether accompanied
or not by descriptive terminology 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 reduction, is not stated
in the advertisement, as when the ad
merely states, “Sale,” the advertiser
must take care that the amount of re-
271