Guides For The Luggage And Related Products Industry
16 CFR Part 24 · Guides · in the Code of Federal Regulations 1980-1995 (16 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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: 1980 CFR
Text (1995 edition, OCR)
Pt. 23, App. (d) It is an unfair trade practice to use the word “‘synthetic’’ as descriptive of cultured or imitation pearls, or to use the word “synthetic”? with the name of any natural stone as descrip- tive of any industry product, unless such industry product has essentially the same optical, physical, and chemi- cal properties as the stone named. (Guide 21] APPENDIX TO PART 23—LISTING AND CLASSIFICATION OF GUIDES FOR CON- VENIENT REFERENCE BY INDUSTRY MEMBERS Category I. Guides in this part having ap- plication to all industry products regardless of their composition: Sec. 23.1 Deception (general). 23.2 Misleading illustrations. 23.3 Misrepresentation as to origin and dis- closure of foreign origin. 23.4 Misuse of terms ‘“‘hand-made,” “hand- polished,” etc. Category II. Guides in this part having ap- plication to industry products composed in whole or in part of a precious metal or met- als: 23.5 Misrepresentation as to gold content. 23.6 Misrepresentation as to silver content. 23.7 Misuse of words “platinum,”’ “iridium,” “palladium,” “ruthenium,”’ “rhodium,” and ‘“‘osmium.” 23.8 Additional requirements relating to quality marks. Category 111. Guides in this part having ap- plication to industry products containing diamonds or imitations thereof: 23.9 Misuse of the word ‘“‘diamond.”’ 23.10 Misuse of word “‘perfect,”’ etc. 23.11 Misuse of term ‘“‘blue white.” 23.12 Misuse of the term “‘properly cut,” etc. 23.13 Misuse of the words ‘“‘brilliant’? and “full cut.” 23.14 Misuse of the term ‘‘clean,’’ etc. NOTE: These guides also have application to diamonds which are sold in the loose and unset state. Category IV. Guides in this part having ap- plication to industry products containing pearls, cultured pearls, or imitations thereof: 23.15 Misuse of the word “pearl.” 23.16 Misuse of terms “cultured pearl,” ‘“‘cul- tivated pearl,” ‘‘seed pearl,’ “Oriental pearl,” “Oriental,” ‘‘natura,” and “kultured.”’ 23.17 Misrepresentation as to cultured pearls. NOTE: These guides also have application to pearls, cultured pearls, and imitation 16 CFR Ch. | (1-1-95 Edition) pearls sold in the loose (unstrung and unset) state. Category V. Guides in this part having ap- plication to industry products containing ru- bies, sapphires, and emeralds and other pre- cious or semi-precious stones, and synthetic and imitation stones: 23.18 Deception as to precious and semi-pre- cious stones. 23.19 Misuse of words “‘ruby,” “sapphire,” “emerald,” “topaz,” “stone,” “birth- stone,” etc. 23.20 Misuse of words “real,” “genuine,” “natural,’’ etc. 23.21 Misuse of words “gem,” “reproduc- tion,”’ “‘replica,”’ ‘‘synthetic,” etc. Nore: Industry products covered by the guides in Categories II through V are also subject to the guides in Category I. PART 24—GUIDES FOR THE LUG- GAGE AND RELATED PRODUCTS INDUSTRY Sec. 24.0 Definitions. 24.1 Deception (general). 24.2 Deception as to composition. 24.3 Deceptive practices as to aniline finish, graining, embossing and processing. 24.4 Deception as to hardware, frame or box. 24.5 Misuse of the terms ‘‘waterproof,” “dustproof,” ‘“‘warpproof,” ‘‘scuffproof”’ and ‘“‘scratchproof’’. AUTHORITY: Secs. 6, 5, 38 Stat. 721, 719, 15 U.S.C. 46, 45. Source: 44 FR 11190, Feb. 27, 1979, unless otherwise noted. $24.0 Definitions. Industry member. Any person, firm, corporation or organization engaged in the manufacture, sale or distribution of any industry products as defined below. Industry products. Industry products consist of all kinds and type of trunks, suitcases, traveling bags, sample cases, instrument cases, brief cases, ring binders, billfolds, wallets, key cases, coin purses, card cases, french purses, dressing cases, stud boxes, tie cases, jewel boxes, travel kits, gadget bags, camera bags, and similar articles, of any composition. Ladies’ handbags are not included. $24.1 Deception (general). It is an unfair trade practice to sell, offer for sale, or distribute industry 150 Federal Trade Commission products by any method, or under any circumstance or condition which has the capacity and tendency or effect of misleading or deceiving the purchasing or consuming public with respect to the kind, grade, quality, quantity, ma- terial content, thickness, finish, serv- iceability, durability, price, origin, size, weight, ease of cleaning, construc- tion, manufacture, processing, or dis- tribution of any product of the indus- try or part thereof, or in any other ma- terial respect. (Guide 1) $24.2 Deception as to composition. (a) In the sale, offering for sale, or distribution of industry products, it is an unfair trade practice to misrepre- sent the composition of any industry product or part thereof, or to fail to disclose, in the manner hereinafter set forth (see paragraph (b)(9) of this sec- tion), material facts concerning the composition of an industry product when the failure to do so has the capac- ity and tendency or effect of deceiving purchasers or prospective purchasers. (b) The foregoing provisions of this section are to be construed as, but not limited to: (1) Split leather. Requiring disclosure? of the fact that an industry product, or part thereof, is made of split leather if the split leather is visible or if any rep- resentation is made as to the composi- tion thereof. For example, a disclosure such as, Split Cowhide NOTE: For purposes of this part leather 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. (2) Imitation or simulated leather. Re- quiring that when an industry product or part thereof is made of nonleather material which has the appearance of leather, disclosure! be made either of the fact that the material is not leath- er, or of the general nature of the ma- terial as will clearly show that it is not leather, as, for example: 1See paragraph (b)(9) of this section. § 24.2 Not leather Imitation leather Simulated leather Vinyl Vinyl coated fabric Plastic (3) Embossed or processed leather. Re- quiring disclosure! of the kind and type of leather which an industry prod- uct or part thereof is made when such leather has been embossed, dyed, or otherwise processed, so as to simulate the appearance of a different kind or type of leather, as, for example: (i) An industry product made wholly of top grain cowhide which has been processed so as to imitate pigskin may be represented as being made of: Top Grain Cowhide (ii) Any additional representation as may be made concerning the simulated appearance of an industry product composed of leather shall be imme- diately accompanied by the required disclosure of the kind and type of leather in the product, as, for example: Top Grain Cowhide Simulated Pigskin Grain (4) Backing material. Requiring disclo- sure! that any material in an industry product is backed with another kind of material when the backing is not ap- parent to purchasers or prospective purchasers upon casual inspection of the product, or when representations are made which, in the absence of such disclosure, would be deceptive as to the composition of the product. For exam- ple, disclosures such as, Top Grain Cowhide Backed With Split Cow- hide; or Split Cowhide Backed With Simulated Leather; or Vinyl] Backed With Other Material. If the different backing material used is visible and is split leather, non- leather material which has the appear- ance of leather, or leather processed so as to simulate a different kind of leath- er, disclosure as is required by para- graph (1), (2) or (3) of this paragraph (b), whichever is applicable, must also be made. (5) Fictitious animal designations. Pro- hibiting any representation or implica- tion that an industry product is made in whole or in part from the skin or 151 §24.2 hide of an animal which in fact is non- existent. (6) Misuse of trade names, etc. Prohib- iting the use of any trade name, coined name, trade-mark, or other word or term, or any depiction or device, which has the capacity and tendency or effect of deceiving purchasers or prospective purchasers into believing that an in- dustry product is made in whole or in part from the skin or hide of an animal or that material in an industry product is leather, top grain leather, split leather, plastic, fiber-glass, nylon or other material, when such is not the case. This prohibition shall include, among other practices, the use of a stamping, tag, label, card, or other de- vice in the shape of a tanned hide or skin or in the shape of a silhouette of an animal in connection with any in- dustry product having the appearance of leather but which is not made whol- ly or in substantial part from the skin or hide of an animal. (1) Misrepresentation that product is wholly of a particular composition. Pro- hibiting any representation or implica- tion that an industry product is made wholly of a particular composition when such is not the case. A represen- tation as to the composition of a par- ticular part of a product must clearly indicate the part to which the rep- resentation is properly applicable. (i) Where a product is made prin- cipally of top grain leather or of split leather with the exception of certain non-leather parts thereof which have the appearance of leather, the product may be described as made of top grain leather or split leather, as the case may be, except for such designated non-leather parts when accompanied by disclosure! either of the fact that the designated parts are not leather or of the general nature of such parts as will clearly show that they are not leather. For example: A brief case made of top grain cowhide except for frame covering, gussets and partitions which are made of plastic but have the appearance of leather may be described as: Top Grain Cowhide With Plastic Frame Cov- ering, Gussets and Partitions; or 1See paragraph (b)(9) of this section. 16 CFR Ch. I (1-1-95 Edition) Top Grain Cowhide With Gussets, Frame Covering and Partitions Made of Non- leather Material. A zipper binder made throughout, ex- cept for hardware, of vinyl] backed with split cowhide may be described as: Vinyl Backed With Split Cowhide (See also disclosure requirements con- cerning use of backing material set forth in paragraph (b)(4) of this sec- tion.) A billfold made of top grain cow- hide except for partitions and stay which are made of plastic coated fabric but have the appearance of leather may be described as— Top Grain Cowhide With Partitions and Stay Made of Non-leather Material; or Top Grain Cowhide With Partitions and Stay Made of Plastic Coated Fabric. di) Where a product is made prin- cipally of top grain leather and the only other parts thereof which have the appearance of leather are made of split leather, the product may be de- scribed as made of top grain leather ex- cept for the designated parts made of split leather when accompanied by dis- closure! that such parts are made of split leather. For example: A brief case made of top grain cowhide except for frame covering, gussets and partitions which are made of split cowhide may be described as— Top Grain Cowhide With Split Cowhide Frame Covering, Gussets and Partitions. (8) Ground, pulverized or shredded leather. Prohibiting any representation directly or by implication that a mate- rial in an industry product is leather, if such material contains ground, pulver- ized or shredded leather and thus is not wholly the hide of an animal. This pro- vision shall not be construed as pre- venting an accurate representation as to the ground, pulverized or shredded leather content of the material. How- ever, if the material has the appear- ance of being leather it must be accom- panied by disclosure! as is required by paragraph (b)(2) of this section. For ex- ample: A brief case made of a composi- tion material consisting of shredded leather fibers held together with a rub- ber adhesive and coated with vinyl may be described as: 152 Federal Trade Commission Composition Material Containing Shredded Leather Fibers, Rubber Adhesive and Vinyl Coating (9) Form of required disclosures under this section. All disclosures required by provisions of this section shall appear in the form of a stamping on the prod- uct, or on a tag, label, or card attached thereto, and be affixed with such de- gree of permanence as to remain on or attached to the product until it is re- ceived by the consumer purchaser. All disclosures so required on industry products shall also appear in all adver- tising of such products irrespective of the media used whenever statements, representations or depictions appear in such advertising which in the absence of such disclosures serve to create a false impression that the products, or parts thereof, are of a certain kind of composition. The disclosures affixed to products and made in advertising must be of such conspicuousness and clarity as to be noted by purchasers and pro- spective purchasers casually inspecting the products or casually reading, or lis- tening to, such advertising. A disclo- sure required in connection with any representation must be in close con- junction therewith. (Guide 2] [44 FR 11190, Feb. 27, 1979; 44 FR 16004, Mar. 16, 1979] $24.3 Deceptive practices as to aniline ih, pAinteh ie embossing and processing. In the sale, offering for sale or dis- tribution of industry products, it is an unfair trade practice to represent, di- rectly or by implication: (a) That any such product is colored, finished, or dyed with aniline dye when such is not true in fact; or (b) That any such product or any part thereof is dyed, embossed, grained, processed, finished or stitched in a cer- § 24.5 tain manner when such is not true in fact. [Guide 3] §24.4 Deception as to hardware, frame or box. In the sale, offering for sale or dis- tribution of industry products, it is an unfair trade practice to represent, di- rectly or by implication: (a) That the hardware or any item thereof contained in an industry prod- uct is brass, solid brass, or some other designated material when such is not true in fact or when such hardware is only plated or coated with the material designated and the remaining metal therein is of a different kind; or (b) That the box or frame of an indus- try product is made in whole or in part of a certain kind of material when such is not true in fact. [Guide 4] §24.5 Misuse of the terms “water- roof,” “dustproof,” “warpproof,” roof’ and “scratchproof”. It is an unfair trade practice to:, (a) Use the term ‘‘Waterproof’ as de- scriptive of an industry product or the material of which an industry product is made unless such product or mate- rial, whichever is so designated is im- permeable to water and moisture. (b) Use the term ‘‘Dustproof’’ as de- scriptive of an industry product unless such product is so constructed that when it is closed dust cannot enter the product. (c) Use the term “Warpproof’’ as de- scriptive of an industry product or part thereof unless the product or part so designated is such that it cannot warp. (d) Use the term: “Scuffproof’ or “Scratchproof’’ as descriptive of an in- dustry product unless the outside sur- face of the product is immune to scratches or scuff marks. [Guide 5] PARTS 25— 149 (RESERVED) 153 157-060 O—95—6