Paper Bag Industry
16 CFR Part 24 · Trade practice rules · in the Code of Federal Regulations 1938-1973 (10 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1973 CFR · Earliest edition: 1938 CFR
Text (1973 edition, OCR)
Chapter |—Federal Trade Commission cessary qualifications to properly be termed “gems.” (c) It is an unfair trade practice to use the words “reproduction,” “replica,” or similar terms, to describe, identify, or refer to a cultured or imitation pearl. or to any imitation of precious or semi-pre- cious stones. (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 descriptive of any industry product, unless such industry product has essentially the same optical, physical, and chemical properties as the stone named. APPENDIX—-LISTING AND CLASSIFICATION OF RULES FOR CONVENIENT REFERENCE BY INDUSTRY MEMBERS Category 1. Rules in this part having ap- plication to ail industry products regardless of their composition: Sec. 23.1 Deception (General). 23.2 Misleading Iilustrations. 23.3 Misrepresentation as to Character of Business. 23.4 Deceptive Pricing. 23.5 Misuse of Terms ‘‘Close-Outs,” ‘“Dis- continued Lines,” “Special Bar- gains,’’ Etc. 236 Substitution of Products. 23.7 Use of the Word “Free.” 23.8 Guarantees, Warranties, Etc. 23.9 Misuse of Term “Certified,” Etc. 23.10 Misrepresentation as to Origin and Disclosure of Foreign Origin. 23.11 Misuse of Terms ‘“Hand-Made,” “Hand-Polished,” Etc. 23.12 Deceptive Use and Imitation of Trade or Corporate Names, Trade-Marks, Etc. 23.138 Commercial Bribery. 23.14 Consignment Distribution. 23.15 Inducing Breach of Contract. 23.16 Defamation of Competitors or False Disparagement of Their Products. 23.17 Enticing Away Employees of Compet- itors. 23.18 Push Money. 23.19 Prohibited Forms of Trade Restraints (Unlawful Price Fixing, Etc.) 23.20 Prohibited Sales Below Cost. 23.21 Prohibited Discrimination. Category 11. Rules in this part having ap- plication to industry products composed sn whole or in part of a precious metal cr metals: Sec. 23.22 Misrepresentation as to Gold Content. 23.23 Misrepresentation ag to Silver Content. 23.24 Misuse of Words “Platinum,” “TIrid- ium,” “Palladium,” “Ruthenium,” “Rhodium,” and “Osmium.” Part 24 Sec. 23.25 Additional Requirements Relating to Quality Marks. Category II. Rules in this part having ap- plication to industry products containing diamonds or imitations thereof: Sec. 23.26 23.27 23.23 23.29 Misuse of the Word “Diamond.” Misuse of Word ‘‘Perfect,” Etc. Misuse of Term “Blue White.” Misuse of the Term “Properly Cut,” Etc. Misuse of the Word “Brilliant”? and “Pull Cut.” Misuse of Term “Clean,” Etc. Misrepresentation of Weight, “Total Weight.” Nott: These rules also have application to diamonds which are sold in the toose and unset state. Category IV. Rules in this part having application to industry products contain- ing pearls, cuitured pearls, or imitations thereof: Sec. 23.33 Misuse of Word “Pearl.” 23.34 Misuse of Terms “Cultured Pearl,” “Cultivated Pearl,’’ “Seed Pearl,” “Oriental Pearl,” “Oriental,” “Na- tura,” and “Kultred.” 23.35 Misrepresentation as to Cultured Pearls. 23.30 23.31 23.32 Note: These rules also have application to pearls, cultured pearls, and imitation pearls sold in the loose (unstrung and unset) state. Category V. Rules in this part having ap- plication to industry products containing rubies, sapphires, and emeralds and other precious or semi-precious stones, and syn- thetic and imitation stones: Sec. 23.36 Deception as to Precious and Semi- Precious Stones. 23.37 Misuse of Words “Ruby,” “Sapphire,” “Emerald,” “Topaz,” ‘‘Stone,’’ “Birthstone,” Etc. 23.38 Misuse of Words ‘Real,’ Genuine,” “Natural,” Etc. 23.39 Misuse of Words “Gem,” “Reproduc- tion,” “Replica,” “Synthetic,” Etc. Note: Industry products covered by the rules in Categories II through V are also subject to the rules in Category I. PART 24—PAPER BAG INDUSTRY Group I Sec. 24.1 Inducing breach of contract. 24.2 Imitation of trade-marks, trade names, etc. 24.3 Defamation of competitors. 24.4 Disparagement of competitors’ goods. 24.5 Misrepresentation in general. 24.7 Sales below cost. 24.9 Deviation from standards. 277 § 24.1 Group IT Sec. 24.101 Repudiation of contracts. AvuTHorRITY: The provisions of this Part 24 issued under secs. 6(g), 5, 38 Stat. 722, 719; 15 U.S.C. 46(g), 45, unless otherwise noted. Source: The provisions of this Part 24 con- tained in trade practice rules, Paper Bag Industry, FITC, July 17, 1931, unless other- wise noted. Group I § 24.1 Inducing breach of contract. Maliciously inducing or attempting to induce the breach of existing contracts between competitors and their customers by any false or deceptive means what- soever, or interfering with or obstructing the performance of any such contractual duties or services by any such means, with the purpose and effect of unduly hampering, injuring, or einbarrassing competitors in their businesses, is an unfair trade practice. § 24.2 Imitation of trade-marks, trade names, etc. The imitation of the trade-marks, trade names, slogans, or other marks of identification of competitors, having the tendency and capacity to mislead or de- ceive purchasers or prospective purchas- ers, is an unfair trade practice. § 24.3. Defamation of competitors. The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, with the tend- ency and capacity to mislead or deceive purchasers or prospective purchasers, is an unfair trade practice. § 24.4 Disparagement of competitors’ goods. The false disparagement of the weight, substance, strength, grade, or quality of the goods of competitors, with the tend- ency and capacity to mislead or deceive purchasers or prospective purchasers, is an unfair trade practice. § 24.5 Misrepresentation in general. The making or causing or permitting to be made or published any false, un- true, or deceptive statement by way of advertisement or otherwise concerning the grade, quality, quantity, substance, character, nature, origin, size, or prep- aration of any product of the industry having the tendency and capacity to mis- lead or deceive purchasers or prospec- Title 16—Commercial Practices tive purchasers is an unfair trade practice. § 24.7 Sales below cost. The selling of goods below cost with the intent and with the effect of injur- ing a competitor and where the effect may be to substantially lessen competi- tion or tend to create a monopoly or to unreasonably restrain trade, is an unfair trade practice. § 24.9 Deviation from standards. Deviation from the established stand- ards of the industry by any deceptive or false means or device with the effect of misleading or deceiving purchasers or prospective purchasers is an unfair trade practice. Group II § 24.101 Repudiation of contracts. Contracts, either writien or oral, are business obligations which should be performed in letter and spirit. The re- pudiation of contracts by sellers on a rising market, or by buyers on a de- clining market, is equally reprehensible, and is condemned by the industry. PART 25—COMBINATION STORM WINDOW AND DOOR INDUSTRY Sec. 25.0 Definitions. 25.1 Deception (general). 25.2 Balt advertising. 25.3 Deceptive pricing. 25.4 Guarantees, warranties, etc. 25.5 Use of the word “free.” 25.6 Deceptive testimonials or depictions. 25.7 Misrepresenting products as con- forming to standard, 25.8 Deceptive use of seals. 25.9 Misrepresentation as to character of business. 25.10 Deceptive use of trade or corporate names, trade-marks, etc. 25.11 Substitution of products. 25.12 Misuse of terms “custom built,’ “made-to-order,” etc. 25.13 Defamation of competitors or false disparagement of their products. 25.14 Imitation of trade-marks, trade names, ete. 25.15 Coercing purchase of one product as & pre-requisite to the purchase of other products. 25.16 Procurement of competitors’ confi- dential information. 25.17 Unfair threats of infringement suits, 25.18 Inducing breach of contract. 25.19 Commercial bribery. 25.20 Prohibited forms of trade restraints (unlawful price fixing, etc.) 25.21 Exclusive deals. 25.22 Prohibited discrimination. 278