Guides For The Dog And Cat Food Industry
16 CFR Part 241 · Guides · in the Code of Federal Regulations 1970-1995 (25 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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: 1970 CFR
Text (1995 edition, OCR)
§ 240.14
$240.14 Meeting competition.
A seller charged with discrimination
in violation of sections 2 (d) and (e)
may defend its actions by showing that
particular payments were made or
services furnished in good faith to meet
equally high payments or equivalent
services offered or supplied by a com-
peting seller. This defense is available
with respect to payments or services
offered on an area-wide basis, to those
offered to new as well as old customers,
and regardless of whether the discrimi-
nation has been caused by a decrease or
an increase in the payments or services
offered. A seller must reasonably be-
lieve that its offers are necessary to
meet a competitor’s offer.
$240.15 Cost justification.
It is no defense to a charge of unlaw-
ful discrimination in the payment of an
allowance or the furnishing of a service
for a seller to show that such payment
or service could be justified through
savings in the cost of manufacture,
sale or delivery.
PART 241—GUIDES FOR THE DOG
AND CAT FOOD INDUSTRY
Sec. :
241.1 Definitions.
241.2 Misuse of terms.
241.3 Misrepresentation in general.
241.4 Misrepresenting composition, form,
suitability, or quality in labeling.
241.5 Misrepresenting composition, form,
suitability, or quality in advertising.
241.6 Misrepresentation of color in advertis-
- ing.
241.7 Misrepresentation of flavor in adver-
tising.
241.8 Diet and nutrient misrepresentation.
241.9 Misrepresentation of medicinal and
therapeutic benefits.
241.10 Human food representation.
241.11 Misrepresentation of processing
methods.
241.12 Defamation of competitors or false
disparagement of their products.
241.13 Misrepresentation of the character
and size of business, extent of testing,
etc.
241.14 Deceptive
testimonials, and awards.
241.15 Bait advertising.
241.16 Guarantees, warranties, etc.
241.17 Deceptive pricing.
AUTHORITY: 38 Stat. 717, as amended; 15
U.S.C. 41-58.
endorsements,
16 CFR Ch. | (1-1-95 Edition)
SOURCE: 34 FR 3619, Feb. 28, 1969, unless
otherwise noted.
§241.1 Definitions.
For the purpose of this part the fol-
lowing definitions shall apply:
(a) Industry product means a food for
dogs or cats and includes all types of
dry, semimoist, frozen, canned, and
other commercial foods manufactured
or marketed for consumption by do-
mesticated dogs or cats. The term also
includes special candy for such dogs
and cats but does not include animal
medicines or remedies.
(b) Industry member means a person,
firm, corporation, or organization en-
gaged in the importation, manufacture,
sale or distribution of an industry
product.
(c) Ingredients are the constituent
‘ materials making up a food for dogs or
40
cats. Except as otherwise prescribed in
this part the names and definitions of
ingredients adopted by the Association
of American Feed Control Officials will
be used in the administration of this
part, except that with respect to prod-
ucts which have been certified by the
Department of Agriculture under the
provisions of 9 CFR 355.1-355.42, the
definitions set forth in those regula-
tions will be used. (Guide 1]
$241.2 Misuse of terms.
Industry products and their respec-
tive ingredients should be identified
and designated in accordance with the
provisions of paragraph (c) of §241.1 of
this part, or if no name or definition
has been established for an ingredient,
it should be designated or identified by
its common or usual name. The names
of ingredients should not be used in ad-
vertising, labeling, brand or trade
name, or otherwise, so as to misrepre-
sent directly or by implication the
identity of an ingredient or the com-
position of an industry product. (Guide
2)
§241.3 Misrepresentation in general.
Industry members should not use or
cause or promote the use of any pro-
motional materials, advertising, labels,
insignia, brand or trade names which
have the capacity and tendency or ef-
fect of misleading or deceiving pur-
chasers or prospective purchasers:
Federal Trade Commission
(a) With respect to the composition,
substance, content, identity, quantity,
appearance, consistency, form, shape,
color, flavor, cost, value, origin, grade,
quality, suitability, nutritional prop-
erties, methods of manufacture, man-
ner of processing, or novelty of an in-
dustry product or ingredient thereof;
or
(b) In any other material respect.
(Guide 3]
§241.4 Misrepresenting composition,
form, suitability, or quality in label-
g-
An industry member should not use
on the label of an industry product a
statement of identity, vignette, or any
other representation, pictorial or oth-
+
erwise, which has the capacity and.
tendency or effect of misleading or de-
ceiving purchasers or prospective pur-
chasers with respect to the composi-
tion, form, suitability, quality, color,
or flavor of the product or any of its in-
gredients. More specifically:
(a) A label should contain sufficient
information to enable a purchaser or
prospective purchaser to determine the
nature and composition of the praduct
and the purposes for which it is suit-
able. As a prospective purchaser usu-
ally cannot ascertain by inspection -
whether an industry product will sat-
isfy all of the nutritional requirements
of a dog or cat, labeling respecting a
product which is suitable only for par-
ticular purposes, e.g., as an intermit-
tent or supplemental food, a special
food for puppies, a protein supplement,
or as a maintenance food for mature
dogs, or is otherwise not a complete
food, should not contain direct or im-
plied representations which are mis-
leading with respect to the purposes for
which the product is suitable. To avoid
misleading prospective purchasers in
this respect it is generally necessary to
disclose clearly and conspicuously the
particular purposes for which the prod-
uct is suitable or that the product is
not a complete food.
(b) When used as part of a product
name or statement of identity, the
name of a particular ingredient should
not be set forth in such a manner as to
mislead prospective purchasers into be-
lieving that there is a greater propor-
tion of such ingredient in the product
41
§ 241.5
than there is in fact. For example, if a
product is composed of 80 percent meat
byproducts and 15 percent beef, and 5
percent other ingredients, and is des-
ignated as ‘meat by-products and
beef’, the word “beef’’ in the product
name or statement of identity should
not be more conspicuous than the
words ‘‘meat by-products.’’ (Guide 4]
$241.5 Misrepresenting composition,
form, suitability, or quality in ad-
vertising.
An industry member should not
make any representation in an atver-
tisement! which has the capacity and
tendency or effect of deceiving pur-
chasers or prospective purchasers as to
the composition, appearance, form,
suitability or quality of an industry
product or of any ingredient thereof.
More specifically:
(a) A product should not be described
in advertising as ‘‘all meat’’ or ‘100
percent meat,” or ‘‘all tuna,” or “all
chicken,”’ or otherwise represented as
being composed wholly of a named in-
gredient if it contains other ingredi-
ents such as the byproducts of meat, -
poultry, or fish. However, for the pur-
pose of this provision, water sufficient
for * processing, required
decharacterizing agents, and trace
amounts of preservatives and con-
diments shall not be considered ingre-
dients.
(ob) The name or names of ingredients
derived from animals, poultry or fish,
such as ‘‘meat,” ‘beef,’ “tuna,’’ or
“chicken and eggs’ should not be used
as a complete description of the com-
position of an industry product unless
the product contains at least 95 percent
by weight of the named ingredient or
combination of such ingredients. If the
product contains more than one ingre-
dient derived from animals, poultry, or
1The word ‘advertising’ or ‘‘advertise-
ment’ as used in this part includes any writ-
ten or verbal statement, notice presentation,
illustration, or depiction, other than
labeiling, which is directly or indirectly de-
signed to effect the sale of any industry
product, or to create an interest in the pur-
chase of any such product, whether same ap-
pears in a newspaper, magazine, or other pe-
riodical, in a catalog, letter, or sales pro-
motional literature, in a radio or television
broadcast, or in any other media.
§ 241.5
fish, the name of a preferred ingredient
should not be given precedence or
undue prominence so as to create the
impression that the product contains a
greater amount of that ingredient than
it does in fact. For example, if a prod-
uct contains 70 percent eggs and 25 per-
cent chicken it should be described as
“eggs and chicken.”
(c) The names of ingredients derived
from animals, poultry or fish or words
or terms suggestive thereof, or rep-
resentations that a product contains
such ingredients, should not be used in
advertising respecting an industry
product unless the ingredients so
named, represented, or suggested are
present in the product in substantial
amounts and the name, word, term, or
representation is accompanied by a
clear and conspicuous disclosure of the
nature of the other ingredients con-
tained in the product. The disclosure
contemplated by this provision does
not necessitate a complete Hsting of
ingredients but only such description
as is necessary to remove any likeli-
hood of deception as to the general na-
ture and composition of the product.
However, no ingredient should be given
undue emphasis so as to create the im-
pression that it is present in the prod-
uct in a larger amount than is the fact.
This provision is not intended to pre-
clude the use of such names or terms as
descriptive of the flavor of a product
which has the flavor represented and is
immediately followed by the word ‘‘fla-
vor’’ (see §241.7 of this part), or to af-
fect the use in advertising of product
names or statements of identity which
conform to the provisions of §241.4 of
this part. The following are examples
of appropriate disclosures under this
paragraph:
(1) ‘A meaty mixture of vegetables,
cereals, and other nutritional ingredi-
ents.”
(2) ‘Contains cereals, vegetables, and
meat.”’
(d) Such terms as “‘stew,’’ ‘“‘hash,”’ or
other human food terms should not be
used to describe an industry product or
an ingredient thereof which is not so
constituted as to conform to Federal
standards of identity established for
such foods. However, the specified per-
centages of meat, poultry, or fish in-
gredients may properly be composed of
42
“patty,”
16 CFR Ch. ! (1-1-95 Edition)
the named ingredient or of a combina-
tion of that ingredient and the parts of
poultry or fish, or the byproducts of
animals, poultry, or fish from which
the ingredient was derived. For exam-
ple, a product described as ‘“Meat Stew
for Dogs’’ should contain not less than
25 percent meat and meat byproducts,
or a product described as “Chicken
Stew for Dogs’”’ should contain not less
than 25 percent chicken and chicken
parts, or a product described as ‘‘Pet
Stew for Dogs’’ should contain not less
than 25 percent meat and meat by-
products, or poultry products, and a
variety of vegetables and other nutri-
tional ingredients.
(e) Representations that a product
contains or is fortified with fresh eggs
should not be made if the product in
fact contains no fresh eggs or an inap-
preciable amount thereof, or only dried
or powdered eggs or egg yolks or egg
whites, or only such eggs as may be
found in the carcasses of poultry.
(f) Representations that an industry
product contains whole fresh milk
should not be made if the product in
fact contains reconstituted milk,
skimmed milk, buttermilk, or dry pow-
dered whole or skimmed milk.
(g) Representations that a product or
an ingredient thereof is ‘moist in its
own juices” or otherwise that the
moisture therein is the natural juices
contained in the product or ingredients
should not be made if water or other
liquids have been added thereto.
(h) Vignettes and graphic and pic-
torial illustrations of an industry prod-
uct or the contents, ingredients on im-
mediate container thereof, which have
the capacity and tendency or effect of
misleading or deceiving purchasers or
prospective purchasers with respect to
the appearance, substance, condition,
or composition of the product or its in-
gredients should not be used. A pic-
torial or other depiction of a product
which has the appearance of being com-
posed entirely of meat or of other in-
gredients derived from animals, poul-
try or fish, but which in fact is not so
composed, should be accompanied by a
clear and conspicuous disclosure of the
nature of the ingredients contained in
the product.
(i) Terms such as “‘burger,’’ “‘chunk,”’
“cubes,” “loaf,” ‘“‘cro-
Federal Trade Commission
quettes,’’ and others of similar import,
should not be used to describe a prod-
uct or an ingredient thereof which does
not have substantially the shape or
form so represented when it is sold to
the retail purchaser. Terms denoting
shape or form which also suggest ingre-
dients derived from animals, poultry,
or fish are subject to the provisions of
this part relating to misrepresentation
of content.
(j) The quality of an industry product
from the nutritional standpoint is not
necessarily dependent upon its meat
content, or upon the amount or nature
of other ingredients derived from ani-
mals, poultry or fish which it may con-
tain. Accordingly, it is improper to
represent that a dog or cat has a nutri-
tional requirement for such an ingredi-
ent, or that solely because a particular
industry product contains, for example,
a specified percentage of meat it is nu-
tritionally superior to products having
a lesser quantity of meat, or to those
which contain other and different in-
gredients. Such advertising is decep-
tive because it does not take into con-
sideration the nutritional properties of
various ingredients or combinations
thereof used in the formulation and
processing of industry products.
(k) Representations or claims by an
industry member that a product is su-
perior to other products from the
standpoint of quality, composition, nu-
tritional properties or method of man-
ufacture should not be made unless the
advertiser has established on the basis
of accurate comparative analyses or
scientifically valid tests that such is
the fact. Comparatives such as ‘“‘meati-
er,” “higher meat protein,’ and
“greater meat content”? should not be
used as descriptive of an industry prod-
uct or an ingredient thereof without
disclosing the basis of comparison, e.g.,
“meatier than our other products.”
(1) It is deceptive to offer for sale or
sell an industry product which is not
suitable for use as a food for dogs or
cats. As a prospective purchaser usu-
ally cannot ascertain by inspection
whether an industry product will sat-
isfy all of the nutritional requirements
of a dog or cat, advertising respecting
@ product which is suitable only for
particular purposes, e.g., as an inter-
mittent or supplemental food, a special
43
§ 241.6
food for puppies, a protein supplement,
or as a maintenance food for mature
dogs, or is otherwise not a complete
food, should not contain direct or im-
plied representations which are mis-
leading with respect to the purposes for
which the product is suitable. To avoid
misleading prospective purchasers in
this respect it is generally necessary to
disclose clearly and conspicuously the
particular purposes for which the prod-
uct is suitable or that the product is
not a complete food. This disclosure is
especially necessary where in the ab-
sence thereof purchasers would be led
by the advertising to believe that the
product is nutritionally complete.
(m) Advertising should not contain
any representation with respect to the
identity, composition, or suitability of
any industry product or an ingredient
thereof, which contradicts, negates or
is otherwise inconsistent with any rep-
resentation, statement, direction for
use, or other information which ap-
pears in the labeling of such a product.
(n) In advertisements pertaining to
more than one of its products an indus-
try member should use only such terms
as are properly applicable to all of the
products so advertised, unless the ad-
vertisement specifically identifies the
particular products to which certain
representations are applicable. For ex-
ample, if ‘““Y Company’? has on the
market an “all meat’”’ product for dogs,
an “all tuna” products for cats, and
two separate, complete ration-type
‘foods for dogs and cats respectively, it
should not in a single advertisement
represent that Y products are complete
foods, or that they are ‘all meat.”
{Guide 5]
§241.6 Misrepresentation of color in
advertising.
An industry member should not mis-
represent directly or indirectly, in ad-
vertising, the actual color of an indus-
try product. More specifically, it
should not represent that the color of a
product is its natural color when such
color has been established by artificial
means; or that a product does not con-
tain an artificial coloring ingredient
unless this is true in fact; or that the
color of a product is of any particular
significance to a dog or to a cat. (Guid
6) .
§ 241.7
$241.7 Misrepresentation of flavor in
advertising.
An industry member should not rep-
resent directly or indirectly, in adver-
tising, that a product has a particular
flavor unless the product has that fla-
vor and the designated or named flavor
is detectable by a recognized test
method, or provides a characteristic
distinguishable by the animal for
which the product is intended. If the
advertisement contains representa-
tions respecting flavor and the flavor
has been derived from artificial sources
that fact should be disclosed. [Guide 7]
$241.8 Diet and nutrient misrepresen-
tation.
An industry member should not rep-~
resent directly or indirectly, in adver-
tising, labeling, brand or tradename, or
otherwise:
(a) That an industry product, or a
recommended feeding thereof, is or
meets the requisites of a complete, per-
fect, scientific, or balanced ration for
dogs or cats unless such product or
feeding:
(1) Contains ingredients in quantities
sufficient to satisfy the estimated nu-
trient requirements established by a
recognized authority on animal nutri-
tion, such as The Committee on Ani-
mal Nutrition of the National Research
Council of the National Academy of
Sciences; or
(2) Contains a combination of ingre-
dients which, when fed to a normal ani-
mal as the only source of nourishment,
will provide satisfactorily for fertility
of the male and female, gestation and
lactation, normal growth from weaning
to maturity without supplementary
feeding and will maintain the normal
weight of an adult animal whether
working or at rest, and has had its ca-
pabilities in this regard demonstrated
by adequate testing.
(bo) That any listing of nutrients is
equal to or exceeds the amounts rec-
ommended by a recognized authority
on animal nutrition, such as the Com-
mittee on Animal Nutrition of the Na-
tional Research Council of the Na-
tional Academy of Sciences, unless
such listing utilizes the same units of
measure, and lists in equal or excess
amounts all of the essential nutrients
44
16 CFR Ch. | (1-1-95 Edition)
contained in the most recent nutrient
list of that authority; or
(c) That a product or ingredient
thereof contains vitamins, minerals, or
other nutrients in excess of the actual
content thereof, as for example, by
comparing the vitamins, minerals, or
other nutrients of a product or ingredi-
ent thereof with the nutrient content
of a food deficient in such nutrients; or
(ad) That any product or ingredient
thereof provides ‘‘super protein rich-
ness,” or a complete source of protein
in that it contains the essential body
building amino acids, inferably in the
proper amount and proportion for prop-
er nutrition, when such is not the fact.
[Guide 8}
$241.9 Misrepresentation of medicinal
and therapeutic benefits.
An industry member should not rep-
resent directly or indirectly in adver-
tising, labeling, brand or trade name,
or otherwise, that a product or ingredi-
ent thereof will:
(a) Prevent, cure, correct, tend to
correct, eliminate, remove, or provide
resistance to any disease, condition,
disorder, infection, or parasite, or in
any way improve the health or condi-
tion of any animal, when such is not
the fact; or
(b) Provide any therapeutic benefit
which it is capable of providing only in
instances where the consuming ani-
mal’s ordinary diet is deficient in ele-
ments supplied by the product or ingre-
dient, unless due notice or qualifica-
tion is made to that effect. [Guide 9]
$241.10 Human food representation.
An industry member should not mis-
represent directly or indirectly, in ad-
vertising, labeling, brand or trade
name or otherwise, that a product is fit
for human consumption or made under
the same sanitary conditions as food
for humans. [Guide 10]
§241.11 Misrepresentation of process-
ing methods.
An industry member should not, in
advertising, labeling or otherwise, mis-
represent the methods used in the man-
ufacture or processing of an industry
product. More specifically: Representa-
tions that a product has been broiled,
braised, baked, or otherwise cooked,
Federal Trade Commission
preserved or processed in a specific
manner should not be made unless such
is the fact. As the word ‘“‘canned” when
applied to an industry product may
constitute a representation as to the
manner in which a product has been
processed as well as to the nature of
the container in which it is packaged,
a@ product should not be described with-
out qualification as ‘‘canned”’ unless it
has been both thermally processed and
packed in a can. (Guide 11)
$241.12 Defamation of competitors or
false disparagement of their prod-
ucts.
An industry member should not di-
rectly or indirectly in advertising, la-
beling, or otherwise:
(a) Engage in the defamation of its
competitors by falsely imputing to
them dishonorable conduct, inability
to perform contracts, questionable
credit standing, or by making other
false representations about them; or
(bo) Falsely disparage the quality,
grade, origin, appearance, composition,
suitability, nutritional properties,
cost, value, type, consistency, form,
color, flavor, method of manufacture,
manner of preparation, or lack of nov-
elty of its competitors’ products.
(Guide 12)
$241.13 Misrepresentation of the char-
acter and size of business, extent of
testing, etc.
An industry member should not mis-
represent directly or indirectly in com-
pany, brand or trade name, or in adver-
tising, labeling, or otherwise:
(a) The length of time it has been in
business; or
(b) The extent of its sales; or
(c) Its rank in the industry as a pro-
ducer or distributor of a product or
type of product; or
(d) That it is a manufacturer or pack-
er of industry products; or
(e) That it owns or operates a labora-
tory, breeding or experimental kennel,
or that its products have been tested in
any particular manner or for any pe-
riod of time or with any particular re-
sults; or
(f) That a product, ingredient, or
manufacturing process is new or exclu-
sive; or
(g) Any other material aspect of its
business or products. [Guide 13]
45
§241.15
Deceptive
() and aw:
An industry member should not de-
ceptively represent directly or indi-
rectly by endorsement, testimonial,
award, advertising, labeling, brand or
trade name, or otherwise:
(a) That a product or ingredient
thereof has been prepared according to
the formula, direction, or personal su-
pervision of, or is prescribed by, or is
the first choice of, or has been in-
spected, guaranteed, recognized, ap-
proved or used by; or meets or exceeds
the specifications or standards of; or is
otherwise endorsed by a particular in-
dividual or class of individuals, or by a
governmental or nongovernmental
agency, or by professionals such as vet-
erinarians, chemists, physicists, or
psychiatrists, or by organizations,
breeders, kennels, sportsmen, hunt
clubs, or animal hospitals; or
(ob) That a product is the recipient of
a bona fide merit award or seal of ap-
proval; or
(c) That a product or an ingredient
thereof has been inspected by the U.S.
Government or any agency thereof and
that it has passed that inspection.
(Guide 14]
§241.15 Bait advertising.
An industry member should not offer
for sale any industry product when the
offer is not a bona fide effort to sell the
product so offered as advertised and at
the advertised price.
NOTE: 1. In determining whether there has
been compliance with this section, consider-
ation will be given to acts or practices indi-
cating that the offer was not made in good
faith for the purpose of selling the advertised —
product, but was made for the purpose of
contacting prospective purchasers and sell-
ing them a product or products other than
the product offered. Among acts or practices
which will be considered in making that de-
termination are the following:
(a) The creation, through the initial offer
or advertisement, or a false impression of
the product offered in any material respect;
(b) The refusal to show, demonstrate or
sell the product offered in accordance with
the terms of the offer;
(c) The disparagement by acts or words of
the product offered or the disparagement of
the guarantee, or in any other respect in
connection with it;
(d) The showing, demonstrating, and in the
event of sale, the delivery of a product which
§ 241.14 endorsements,
§ 241.16
is unsuitable for the purpose represented or
implied in the offer; .
(e) The failure, in the event of sale of the
product offered, to deliver such product to
the buyer within a reasonable time there-
after;
(f) The failure to have available a quantity
of the advertised product at the advertised
price sufficient to meet reasonably antici-
pated demands.
It is not necessary that each act or prac-
tice set forth above be present in order to es-
tablish that a particular offer does not com-
ply with this section.
NOTE: 2. The Commission’s Guides Against
Bait Advertising furnish additional guidance
respecting bait advertising. See 16 CFR Part
238 for the Guides Against Bait Advertising.
(Guide 15]
$241.16 Guarantees, warranties, etc.
(a) An industry member should not
represent in advertising or otherwise
that a product is guaranteed without
clear and conspicuous disclosure of:
(1) The nature and extent of the guar-
antee; and
(2) Any material conditions or limi-
tations in the guarantee which are im-
posed by the guarantor; and
(3) The manner in which the guaran-
tor will perform thereunder; and
(4) The identity of the guarantor.
(The necessary disclosure requires that
any guarantee made by the dealer or
vendor which is not backed up by the
manufacturer must make it clear that
the guarantee is offered by the dealer
or vendor only.)
(b) A seller or manufacturer should
not advertise or represent that a prod-
uct is guaranteed when he cannot or
does not promptly and scrupulously
fulfill his obligations under the guaran-
tee.
(c) A specific example of refusal to
perform obligations under the guaran-
tee would arise in connection with the
use of the phrase “Satisfaction or your
money back’ if the guarantor does not
promptly make a full refund of the pur-
chase price upon request, irrespective
of the reason for such a request.
(d) This section has application not
only to ‘‘guarantees’’ but also to ‘“‘war-
ranties,’’ to purported ‘‘guarantees”’
and “warranties,” and to any promise
or representation in the nature of a
“vuarantee” or “warranty.”
46
16 CFR Ch. | (1-1-95 Edition)
NOTE: The Commission’s Guides Against
Deceptive Advertising of Guarantees furnish
additional guidance respecting guarantee
representations. See 16 CFR Part 239 for
Guides Against Deceptive Advertising of
Guarantees.
[Guide 16)
§241.17 Deceptive pricing.
An industry member should not rep-
resent directly or indirectly in adver-
tising or otherwise that an industry
product may be purchased for a speci-
fied price, or at a saving, or at a re-
duced price, when such is not the fact;
or otherwise deceive purchasers or pro-
spective purchasers with respect to the
price of any product offered for sale; or
furnish any means or instrumentality
by which others engaged in the sale of
industry products may make any such
representation.
NOTE: The Commission’s Guides Against
Deceptive Pricing furnish additional guid-
ance respecting price savings representa-
tions. See 16 CFR Part 233 for the Guides
Against Deceptive Pricing.
(Guide 17}
PART 242—GUIDE AGAINST DECEP-
TIVE USE OF THE WORD “FREE” IN
CONNECTION WITH THE SALE OF
PHOTOGRAPHIC FILM AND FILM
PROCESSING SERVICE
§242.1 The guide.
(a) A common form of bargain adver-
tising used to promote the sale of pho-
tographic film processing service is the
offer of a roll of film, represented as
being free to consumers who purchase a
particular advertiser’s service.
(b) Film processors should avoid rep-
resenting film as ‘free’? when their
quoted price for processing is not their
regular price for such service, or, when
the price charged for processing in con-
nection with the ‘‘free’”’ film represen-
tation is in excess of the price regu-
larly charged by them for processing
alone. A regular price is the price at
which an article or service is openly
and actively sold by the advertiser to
the public on a regular basis for a rea-
sonably substantial period of time in
the recent and regular course of busi-
ness. A price which (1) is not the adver-
tiser’s actual selling price, (2) is a price