Guides Against Deceptive Labeling And Advertising Of Adhesive Compositions
16 CFR Part 235 · Guides · in the Code of Federal Regulations 1968-1995 (26 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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)
§ 234.8 than group master policies, without clearly and conspicuously disclosing that such benefits are provided only through a combination of such policies. (Guide 7] §234.8 Deception as to introductory, initial or special offers. No representation shall be made in an advertisement, directly or by impli- cation, that a policy or combination of policies is an introductory, initial, spe- cial or limited offer and that appli- cants will receive advantages not available at a later date, unless such is the fact. (Guide 8] §234.9 Misrepresentation as to licens- ing, approval or endorsement of in- surer, policy or advertisement. No advertisement shall represent di- rectly or by implication— (a) That an insurer, or any policy or advertisement thereof, has been li- censed, approved, endorsed or rec- ommended by any governmental agen- cy or department, unless such is the fact; (b) That an insurer, or a policy or an advertisement thereof, has been ap- proved, endorsed or recommended by any individual, group of individuals, society, association, or other organiza- - tion, unless such is the fact. [Guide 9] §234.10 Deception as to “group” or “quasi-group” policies. No advertisement shall represent, di- rectly or indirectly, that prospective policyholders become group or quasi- group members and as such enjoy spe- cial rates or underwriting privileges or- dinarily associated with group insur- ance as recognized in the industry, un- less such is the fact. [Guide 10] §234.11 Allocation of benefits under a “Family Group” policy. No advertisement shall refer to a. benefit payable under a ‘Family Group” policy when the full amount of such benefit is not payable upon the death or disability, etc. of only one member of the family unless clear and conspicuous disclosure of such fact is made in the advertisement. (Guide 11] 26 16 CFR Ch. | (1-1-95 Edition) $234.12 Deceptive use of trade names, service marks, etc. There shall not be used in an adver- tisement any trade name, service mark, slogan, symbol, or other device which has the capacity and tendency to mislead or deceive prospective pur- chasers as to the true identity of the insurer or its relation with public or private institutions. [Guide 12] $234.13 Disparagement. No advertisement shall be used which, directly or indirectly, falsely disparages competitors, their policies, services, or business methods. [Guide 13} §234.14 Misrepresentation concerning the insurer. No advertisement shall be used which, directly or by implication, has the capacity and tendency to mislead or deceive prospective purchasers with respect to an insurer’s assets, cor- porate structure, financial standing, age, or relative position in the insur- ance business, or in any other material respect. [Guide 14] PART 235—GUIDES AGAINST DE- CEPTIVE LABELING AND ADVER- TSING OF ADHESIVE COMPOSI- m2 D fe) Metal composition products. Use of the term “solder” or ‘‘weld.” Use of the word ‘“‘porcelain.”’ Epoxy adhesives. Use of the word “‘rubber,” etc. Misrepresentation (general). Guarantees, warranties, etc. Placing deceptive material in the hands of others. AUTHORITY: Secs. 5, 6, 38 Stat. 719, as amended, 721; 15 U.S.C. 45, 46. SOURCE: 32 FR 15538, Nov. 8, 1967, unless otherwise noted. $235.1 Metal composition products. Products which do not, after applica- tion, have the same physical and chem- ical properties of metal, or of a par- 235. ’ ticular represented metal, shall not be represented as metal or as having the intrinsic characteristics of metal, or of the particular metal indicated. Thus, neither the term ‘metal’? nor the Federal Trade Commission terms “iron,’’ “steel,” ‘‘aluminum’’ or other names of metal shall be used to designate in brand names or otherwise any product of the kind herein de- scribed. While this section does not prohibit truthful representations in ad- vertising and labeling of the percent- age of content of any metallic sub- stances in such products (e.g., contains 20 percent powdered aluminum) it does prohibit with respect thereto the use of representations such as, but not lim- ited to, the following: “Plastic Steel.” “Dries to steel.” “Hardens into metal.” “Steel in paste form.” “Liquid aluminum.” “Instant aluminum.” ‘Real metallic putty.” “Fluid Steel.” (Guide 1) §235.2 Use of the term “solder” or “weld.” Products which, when used, do not form a metallic seal or bond, shall not be represented as solders or as welding products unless it is clearly disclosed in connection therewith that they are nonmetallic, as for example, ‘Plastic Solder” or “Plastic Weld.’ A “solder” or “weld’’ product which is nonmetallic shall not be represented as producing a metallic seal or bond. This section does not prohibit an accurate representa- tion of the percentage of metallic sub- stance contained in a product. (Guide 2) §235.3 Use of the word “porcelain.” (a) The word ‘‘porcelain”’ shall not be used to designate in brand names or otherwise any product which, after ap- plication, does not possess all of the chemical and physical properties of porcelain. Under this section products of the type herein described shall not be represented as being, among other things: “Porcelain.” “Porcelain Glaze.”’ “Liquid Porcelain.” “Porcelain in Paste Form.” “Plastic Porcelain.” “Porcelain restorer.” - “Porcelain renewer.”’ (b) This section does not prohibit truthful representations of the actual 27 § 235.6 percentage of porcelain contained in an industry product as, for example, “Contains 25% powdered porcelain.” [Guide 3) $235.4 Epoxy adhesives. (a) No product shall be represented as being an epoxy adhesive unless the epoxy component thereof is derived from an epoxide or oxirane which, when applied in use, chemically reacts with a hardener or curing agent to form a substantially infusible and in- soluble bond. (b) No product containing an epoxy shall be represented as having the characteristics and capabilities of an epoxy adhesive, where the epoxy com- ponent present in the product is in an amount not sufficient to produce the characteristics and capabilities rep- resented. (c) No representation shall be made that the epoxy component in an indus- try product is present to produce the characteristics and capabilities of an epoxy adhesive where such component is not productive of such characteris- tics and capabilities, but is present for a different purpose and use. [Guide 4] §235.5 Use of the word “rubber,” etc. (a) The word “rubber’’ or other words denominating rubber shal] not be used to designate, in brand names or other- wise, any product which, after applica- tion, does not possess the essential characteristics of rubber. Under this section such a product shall not be rep- resented as, for example, ‘Rubber,”’ “Plastic Rubber,” “Liquid Rubber,’’ etc. (b) This section does not prohibit truthful representation of the actual percentage of rubber contained in a product. (Guide 5] §235.6 Misrepresentation (general). (a) No representation shall be made in any manner respecting any adhesive products to which this part is applica- ble which is likely to mislead or de- ceive purchasers as to their nature, composition, characteristics, uses, ef- fectiveness, capabilities, durability, toughness, hardness, adhesive strength, lasting effect, thermal or electrical properties, resistance to water, steam, § 235.7 gas, or chemicals, or in any other ma- terial respect. (b) Among the representations pro- hibited by this section are the follow- ing: (1) Representations that a product will seal, repair or mend “anything” when, in fact, there are certain mate- rials which it cannot seal, repair or mend. (2) Representations that a product is proof against or will withstand any specified temperature when in fact the product is adversely affected in any way when subjected to such tempera- ture for any period of time. (3) Representations that a product will effect permanent repairs if, in fact, the repairs made by use of the product will not last as long as the product so repaired. : (4) Representations that a product makes any product like new if it does not actually restore the part thereof repaired to its original new condition. (Guide 6] §235.7 Guarantees, warranties, etc. Industry members shall not represent in advertising or otherwise that a prod- - uct is ‘“‘guaranteed”’ without a clear and conspicuous disclosure in close conjunction with such representation of: (a) The nature and extent of the guarantee; and (b) Any material conditions or limi- tations in the guarantee which are im- posed by the guarantor; and (c) The manner in which the guaran- tor will perform thereunder; and (da) The identity of the guarantor. NOTE: The Commission’s April 26, 1960 Guides Against Deceptive Advertising of Guarantees (25 FR 3772) furnish additional guidance respecting guarantee representa- tions and are to be considered as supplementing this section. Copies are avail- able upon request. [Guide 7] $235.8 Placing deceptive material in the hands of others. Manufacturers and distributors shall not place in the hands of wholesalers, jobbers, retailers, or others, pro- motional material by or through which they may deceive or mislead the pur- 16 CFR Ch. 1 (1-1-95 Edition) chasing and consuming public concern- ing any product. [Guide 8] PART 236—GUIDE FOR AVOIDING DECEPTIVE USE OF WORD “MILL” IN THE TEXTILE INDUSTRY Sec. 236.1 General rule. 236.2 The requirement of operational con- trol. 236.3 Examples of deceptive usage of the word ‘‘mill.”’ 236.4 Exception to general rule. AUTHORITY: Secs. 5, 6, 38 Stat. 719, as amended, 721; 15 U.S.C. 45, 46. SouRCcE: 32 FR 15538, Nov. 8, 1967, unless otherwise noted. $286.1 General rule. Simply stated, the general rule is that the word ‘‘mill’’ should not be used in the corporate, business, or trade name of any person or concern handling textiles, or in any other man- ner, unless the person or concern actu- ally owns and operates or directly and absolutely controls the manufacturing facility in which all textile materials which are sold under that name are produced. , $286.2 The requirement of. operational control. (a) For a firm to qualify as a bona fide mill it must exercise direct and ab- solute control over the milling facility in which its merchandise is produced. Contracting to have milling operations performed by others will:not qualify one as a mill. (b) A distributor who furnishes yarns and other materials to a knitting mill for manufacture into garments accord- ing to the distributor’s specifications is not a mill because it does not exercise direct and absolute operational control over the milling operations. A firm having a written “lease”? with a mill whereby the mill allocated five of its looms and the workers at such looms to manufacture ribbon for the jobber from materials supplied by, and ac- cording to instructions from, the job- ber is not a mill for the same reason. Even if a jobber takes the entire out- put of a mill, he does not thereby be- come a mill.