Guides For The Decorative Wall Paneling Industry

16 CFR Part 243 · Guides · in the Code of Federal Regulations 1973-1995 (23 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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: 1973 CFR

Text (1995 edition, OCR)

Federal Trade Commission

which was not used in the recent past
- but at some remote period in the past,
or (3) is a price which has been used
only for a short period of time, is not a
regular price. Consequently, use of any
price or amount, other than the adver-
tiser’s own bona fide regular price, in
connection with a ‘‘free”’ film represen-
tation is deceptive.

(c) ‘‘Free’’ film offers are understood
by consumers to mean that the price
charged by the advertiser is for proc-
essing alone and has not been raised to
include any payment for the film. In
other words, they understand that the
film, in fact, is a gift to the consumer
given by the advertiser in return for
the processing business he receives. In
such circumstances, if any portion of
the represented price charged for proc-
essing includes any payment for the
film to the processor, the ‘‘free’’ film
offer is deceptive and consumers are
misled.

(d) Where a processor has not estab-
lished a regular price for processing
service by itself, he has no basis, ex-
cept in the case of introductory offers,
upon which to make a “‘free’’ film rep-
resentation. Likewise, a processor may
not justify ‘“‘free” film offers, whether
advertised with or without qualifica-
tion, on the ground that his price for
processing and film is equal to or less
than the price charged by local devel-
opers for processing alone, in a given
trade area. Only the processor’s own
regular processing price may be used as
@ basis for the ‘free’ film representa-
tion. .

(e) Continuous free film offers or the
repetition of such offers with great fre-
quency should be avoided. Continuous
or frequent offers of free film made in
connection with the sale of processing
service are false and misleading since
the processor’s price for his service
alone will, by lapse of time, become his
regular price for processing service and
film in combination. The film, in such
circumstances, would therefore no
longer be ‘‘free’’.

(f) Introductory (temporary) offers of
“free” film should not be advertised
where processors do not, in good faith,
expect to discontinue the offer after a
limited time and commence selling
processing service separately at the
same price at which the offer of such

47

§ 242.1

service, together with the ‘free’ film,
was made. ,

(g) The guide does not preclude the
use of nondeceptive “combination” of-
fers in which film and processing are
offered for sale as a single unit at a sin-
gle stated price, and where no represen-
tation is made that the price is to be
paid for one item and the other is
“free”. Similarly, film processors are
not precluded from setting a price for
processing which also includes furnish-
ing the purchaser with a replacement
roll of film at one inclusive price—
again, where no representation is made
that the latter is ‘‘free’’.

NOTE: On December 1, 1953, the Commission
approved a trade practice rule on use of the
word ‘‘Free’’. The provisions of the guide set
forth above are advisory in nature and are
not to be construed as replacing or modify-
ing any of the provisions of the aforemen-
tioned trade practice rule.

(38 Stat. 717, as amended; 15 U.S.C. 41-68)
[33 FR 8336, June 5, 1968)

PART 243—GUIDES FOR THE DECO-
RATIVE WALL PANELING INDUS-

Sec.
243.0
243.1
243.2

Definitions.

Avoiding deception generally.

Describing wood and wood imitations.

243.3 Deceptive use of wood names.

243.4 Imitations of materials other than
wood. .

243.5 Misleading illustrations.

243.6 Deceptive use of trade or corporate
names, coined names, trademarks, etc.

243.7 Passing off through imitation or sim-
ulation of trademarks, trade names, etc.

23.8 Disclosure of ‘‘seconds’’, ‘‘rejected”’, or
“defective” products, etc.

243.9 Representations concerning washabil-
ity, cleanability, etc.

243.10 Size markings and designations.

243.11 Removal, obliteration, or alteration
of marks or labels.

243.12 Misrepresenting products as conform-
ing to standard or specification.

243.138 Deception as to origin.

243.14 Other parts in this Title 16 applicable
to this industry.

AUTHORITY: 38 Stat. 717, as amended; 15
U.S.C. 41-58.

SOURCE: 36 FR 23796, Dec. 15, 1971, unless
otherwise noted.


§ 243.0

$243.0 Definitions.

For the purpose of this part the fol-
lowing definitions shall apply:

(a) Industry member. Any person, firm,
corporation, or organization engaged in
the manufacture, sale or distribution
of industry products as such products
are hereinafter defined.

(b) Industry products. Industry prod-
ucts include all products, whether of
domestic or foreign origin, which are
suitable for use as interior decorative
wall panels. Industry products may be
composed of any material or combina-
tions of materials including, but not
limited to, solid wood, plywood, wood
products, plastics, metals, etc., and
may be textured, prefinished, partially
finished, or unfinished.

(c) Exposed surface, front or face. An
“exposed surface”’ of a decorative wall
panel is the one prominently exposed
to view when the product is placed in
the generally accepted position for use.
The ‘exposed surface”’ is often referred
to as the ‘front’ or ‘‘face’’, as con-
trasted to the back of a panel.

(da) Back. The back of a decorative
wall panel is the surface reverse to the
face. The back is not generally in-
tended to provide an esthetically pleas-
ing appearance and, therefore, is not
considered an ‘‘exposed surface” under
the definition immediately above.
However, these definitions do not pre-
clude unusual construction giving a
panel two exposed surfaces or faces.

(e) Veneer. In this part, the term ‘‘ve-
neer”’ is used in the sense most com-
monly understood by ordinary consum-
ers—namely, to describe a thin layer of
more valuable or beautiful wood used
on the face of a panel for overlaying an
inferior wood or other core material.

§243.1 Avoiding deception generally.

(a) In general. Industry members
should not sell, offer for sale, or dis-
tribute industry products by any meth-
od, or under any representation, cir-
cumstance, or condition which has the
capacity and tendency or effect of mis-
leading purchasers or prospective pur-
chasers as to the grade, type, kind,
character, content, construction, com-
position, process, or technique used in
preparation or fabrication, origin, size,
thickness, quality, quantity, value,
price, serviceability, resistance, per-

48

16 CER Ch. I (1-1-95 Edition)

formance, durability, color, finish,
manufacture, or distribution of any
product of the industry or component
part of such product, or in any other
respect.

(b) Basis for affirmative disclosures of
facts. (1) Many of the following sections
set forth specific examples as to when
affirmative disclosures should be made
in advertising and on labels. In order to
prevent deception the Commission may
require affirmative disclosure of mate-
rial facts concerning merchandise
which, if known to prospective pur-
chasers, would influence their deci-
sions of whether or not to purchase.
The failure to disclose such facts as
may be required is an unfair trade
practice violative of the Federal Trade
Commission Act.

(2) Two of the most prevalent situa-
tions in which disclosures should be
made are (i) when the appearance of a
wall panel could mislead purchasers or
potential purchasers as to its true com-
position, and (ii) when a representation
is made in any manner which is suscep-
tible of at least one misleading inter-
pretation unless it is clearly qualified.
Representations which cannot be quali-
fied without the qualification amount-
ing to a contradiction should not be
used.

(c) Manner of making disclosures on
products and in advertising. (1) Retail
dealers, manufacturers, and other sup-
pliers must all assume the affirmative
responsibility to provide detailed infor-
mation to the public concerning the
compositions of wall panels through in-
formative advertising, promotional
materials, and properly labeled prod-
ucts and samples thereof.

(2) When disclosures are necessary on
industry products, they should appear
on each product (except when sold and
used for industrial purposes and the in-
dustrial purchaser is otherwise fully
informed of the material facts in-
volved). Such disclosures should be on
the product, or on a tag or label at-
tached thereto, and be of such perma-
nency as to remain on, or attached to,
the product until consummation of sale
to the ultimate purchaser. Conspicuous
disclosures may appear on backs of
wall panels, but in instances where
such disclosures would not be readily
noticeable to casual observers, such as


Federal Trade Commission

on certain point-of-sale display panels
where the backs are not easily viewed,
disclosures should be made on the front
or face of panels.

(3) When disclosures are necessary in
advertising, they should be made in
any advertisement relating to an in-
dustry product irrespective of the form
or media used whenever statements,
representations or depictions appear
therein which, in the absence of such
disclosures, could serve to create a
false impression that the product, or
any part thereof, is of a certain kind,
size, quality or composition.

(4) In all cases, disclosures should be
in immediate conjunction with any
representation, depiction, illustration,

simulation, or display making it nec- |

essary, and should be of sufficient clar-
ity and conspicuousness to be noted by
prospective purchasers. The number of
times a disclosure should be made will
depend entirely upon the context in
~ which it appears.

(5) When disclosures are necessary to
describe composition, they may be ac-
complished by stating the true com-
position (e.g., “mahogany grained
hardboard’, ‘‘walnut grain finish on
plastic’, ‘‘reproduction of wood grain
on plastic overlay’’ or ‘printed vinyl
overlay on plywood’’), or by making a
disclaimer of composition (e.g., ‘“‘imita-
tion wood surface’, “simulated wood
finish”? or ‘“‘simulated grain design’’).
Of course, a representation concerning

the composition of a product should |

clearly indicate the part to which the
representation is properly applicable.

NOTE: For examples of when disclosures
should be made, see the following sections.

[Guide 1)

§243.2 Describing wood and wood imi-
tations. :

In connection with the sale of indus-
try products made of wood, or which
are not wood but have an appearance
simulating wood, industry members
should not use any display, exhibit,
sample, sales method, depiction or rep-
resentation which could have the ca-
pacity and tendency directly or indi-
rectly to mislead purchasers or poten-
tial purchasers because of: A false
statement; a half-truth; or the failure
to disclose facts concerning composi-

49

§ 243.2

tion when the appearance of a product
could convey a misleading impression.!

(a) Examples of representations con-
sidered false include:

(1) Describing an oak panel as
“pecan”;

(2) Describing as “solid birch’’ or
“genuine birch’? a panel made with
laminations of all birch plies. Proper
descriptions would include “birch ply-
wood” or ‘‘birch plies’’;

(3) Describing a _ particleboard,
flakeboard, hardwood, fiberboard,
chipcore or plywood panel as “solid
wood”’;

(4) Describing as “natural wood
grain” a simulated grain design which
has been printed on, attached to or
simulated in any other manner on the
surface of an industry product;

(5) Describing a nonlumber product,
such as particleboard, hardboard, fiber-
board, flakeboard, and products of
similar composition, as ‘‘wood’’. Al-
though such products are composed of
wood particles or wood fibers, they
should not be represented without
qualification as ‘‘wood”’ but may be de-
scribed as ‘particleboard’, ‘‘hard-
board’’, ‘“‘fiberboard’’, ‘“wood product’’,
or by any applicable nondeceptive word
or term.

(b) Examples of representations con-
sidered likely to mislead because of a
half-truth include:

(1) Describing as “walnut’’, “in wal-
nut”, “genuine walnut’, ‘walnut
panel” or ‘‘walnut plywood” a panel
having only a face veneer of walnut.
Proper descriptions would include
“walnut veneer face”, ‘“‘walnut veneer
surface’, ‘‘walnut veneer” or ‘walnut
veneered plywood’’.

NOTE: Unqualified terms such as ‘‘walnut’’,
“genuine walnut’ and ‘in walnut” imply
that the product so described is solid walnut.
Unqualified terms such as ‘walnut plywood”
imply that all of the plies are walnut.

(2) Describing as ‘‘walnut veneer” a
panel having a face veneer not entirely
of walnut. If a wood name is used to de-
scribe a panel having more than one
kind of wood in the face veneer then all
of the woods in the face veneers should
be named or otherwise identified (e.g.,

1 See paragraphs (b) and (c) of §243.1.


§ 243.3

“walnut and cherry veneers” or ‘‘wal-
nut and other hardwood veneers’’);

(3) Using unqualified phrases such as
“wood-pattern”’ or ‘‘woodgrain finish’’
to describe a panel having a wood sur-
face which has been stamped, rolled,
pressed, or otherwise processed in such
manner as to change the natural wood
grain design. Proper descriptions would
include ‘simulated woodgrain finish’’,
“imitation grain figure’ or “‘simulated
walnut grain finish on birch face ve-
neer’’;

(4) Describing as ‘hardwood ply-
wood” a panel made of hardwood ply-
wood but having a viny] film surface
simulating a wood finish. Proper de-
scriptions would include ‘hardwood
plywood with simulated wood grain on
vinyl] overlay”’ or ‘‘simulated wood sur-
face on plywood’.

(c) Examples of failure to disclose
facts concerning composition when the
appearance of industry products could
convey a misleading impression in-
clude circumstances such as when a
product, or part thereof, is: Wood but
has the appearance of a different kind
of wood; and Not wood but has an ap-
pearance simulating wood. For in-
stance, when necessary to prevent pos-
sible deception an affirmative disclo-
sure should be made of the facts con-
cerning composition when an industry
product, or part thereof:

(1) Has an exposed surface of plastic,
metal, vinyl, hardboard, particle-board
or other material not possessing a nat-
ural wood grain structure but which
has an appearance simulating that of a
wood grain. Depending on the composi-
tion, proper descriptions would include
“simulated walnut finish on plastic
face’, “‘vinyl surface with simulated
pecan finish’, ‘‘simulated birch finish
on hardboard’? ‘“‘mahogany grained
plastic’, or other nondeceptive
phrases; ‘

(2) Has a wood surface finished by
means of staining, decalcomania,
printing, paper coating or other proc-
ess so as to have the appearance of a
different kind of wood. Depending on
the composition, proper descriptions
would include ‘“‘mahogany finished gum
plywood’, “walnut stained plywood”,
“walnut finish on pecan veneer face’’,
or ‘cherry grain design on hardwood
plywood”’;

50

16 CFR Ch. } (1-1-95 Edition)

(3) Has an appearance which could
mislead potential purchasers in any
material respect.

(d) Examples of wood names to de-
scribe color, grain design, etc.:

(1) When a wood name is used in ad-
vertising or labeling to describe the
grain and/or color of a stain finish or
other type of simulated finish which
has been applied to a surface composed
of something other than solid wood of
the type named, it should be made
clear that the wood name used is mere-
ly descriptive of the grain design and/
or color or other simulated finish.

(2) Under this section, unqualified
phrases such as “walnut’’, ‘‘walnut fin-
ish”, “in walnut”, ‘‘fruitwood’’, “oak’’,
“mahogany finish’, and other terms of
similar import or meaning, will not be
adequate. But statements such as
“walnut stain’’, ‘‘maple stain finish’’,
“mahogany finish on gum’’, “photo-
graphically reproduced pecan grain’’,
“printed pecan design’’, ‘‘fruitwood fin-
ish on selected hardwood veneer’’,
“cherry grain finish on vinyl overlay”
and “walnut finish on other hard-
woods” (or ‘“‘softwoods’, as the case
may be) will satisfy this provision if
such statements are factually correct
and appear in contexts which are oth-
erwise nondeceptive. 2

[Guide 2]

§243.3 Deceptive use of wood names.

Industry members should not use any
direct ‘or indirect representation con-
cerning the identity of the wood in in-
dustry products that is false or likely
to mislead purchasers as to the actual
wood composition.

(a) Walnut. The unqualified term
“walnut’’? should not be used to de-
scribe wood other than genuine solid
walnut (genus Juglans). The term
“black walnut’? should be applied only
to the species Juglans nigra.

(b) Mahogany. (1) The unqualified
term “mahogany” should not be used
to describe wood other than genuine
solid mahogany (genus Swietenia of
the Meliaceae family). The woods of
genus Swietenia may be described by
the term ‘“‘mahogany” with or without
a prefix designating the country or re-
gion of its origin, such as ‘‘Honduras

2 See paragraphs (b) and (c) of §243.1.


Federal Trade Commission

mahogany”. ‘Costa Rican mahogany’’.
“Brazilian mahogany” or ‘Mexican
mahogany”’.

(2) The term ‘‘mahogany’’ may be
used to describe solid wood of the
genus Khaya of the Meliaceae family,
but only when prefixed by the word
“African” (e.g., ‘African mahogany’’).

(3) In naming or designating the
seven nonmahogany Philippine woods
Tanguile, Red Lauan, White Lauan,
Tiaong, Almon, Mayapis, and
Bagtikan, the term ‘‘mahogany” may
be used but only when prefixed by the
word ‘Philippine’ (e.g., ‘‘Philippine
mahogany"), due to the long standing
usage of that term. Examples of im-
proper use of the term “‘mahogany”’ in-
clude reference to Red Lauan as
“Lauan mahogany” or to White Lauan
as “Blond Lauan mahogany’’. Such
woods, however, may be described as
“Red Lauan’’ or ‘‘Lauan’”’ or ‘‘White
Lauan’’, respectively. The term ‘“‘Phil-
ippine mahogany”’ will be accepted as a
name or designation of the seven woods
named above. Such term shall not be
applied to any other wood, whether or
not grown on the Philippine Islands.

(4) The term ‘“‘mahogany”’, with or
without qualifications, should not be
used to describe any other wood except
as provided above. This applies also to
any of the woods belonging to the
-Meliaceae family, other than genera
Swietenia and Khaya.

(c) Maple. The terms “hard maple’’,
“rock maple’, ‘‘bird’s-eye maple’,
“Northern maple’’ or other terms of
similar nature should not be used to
describe woods other than those known
under the lumber trade names of Black
Maple (Acer nigrum) and Sugar Maple
(Acer saccharum).

NOTE: Nothing in this section should be
construed as prohibiting the nondeceptive
use of wood names to describe the color,
stain, simulated finish, or appearance of in-
dustry products; Provided, That appropriate
qualifications are made in accordance with
provisions in §243.2(d).

(Guide 3]
$243.4 Imitations of materials other
than wood.

Industry members should not mis-
represent the composition of any in-
dustry product, or part thereof, or fail
to disclose any material fact concern-

51

§ 243.6

ing the composition of an industry
product when the failure to do so has
the capacity and tendency or effect of
deceiving purchasers or prospective
purchasers.® For example:

(a) A hardboard panel having an imi-
tation marble finish should not be de-
scribed without qualification as ‘“‘mar-
ble’’, ‘‘onyx’’, “‘travertine’’ or ‘“‘traver-
tine marble finish’. Proper descrip-
tions would include “‘simulated marble
finish’, ‘‘imitation marble-textured’’,
“marble pattern on plastic faced hard-
board’’, ‘simulated travertine on hard-
board’’, ‘‘marble pattern on vinylfaced
hardboard” or other nondeceptive
terms; :

(b) A fiberboard panel having an imi-
tation burlap finish should not be de-
scribed without qualifications as ‘‘bur-
lap’”’ or “‘burlap finish’’. Proper descrip-
tions would include “imitation burlap
weave finish’’, “‘simulated burlap de-
sign on fiberboard”’, ‘‘simulated burlap
finish on fiberboard’’, ‘“‘burlap pattern
on embossed vinyl surface’ or other
nondeceptive terms. (Guide 4]

$243.6 Misleading illustrations.

Industry members should not use any
picture, illustration, diagram or other
depiction, either alone or in conjunc-
tion with words or phrases, which
would have the capacity and tendency
or effect of misleading or deceiving
purchasers or prospective purchasers
concerning any material fact relating
to an industry product. For example, if
an advertisement showed installed pan-
els with the color and graining char-
acteristic of walnut, but the paneling
being offered was not genuine solid
walnut, then the advertisement should
contain a clear and conspicuous disclo-
sure of the composition of the product
being offered (e.g., ‘‘walnut veneer ply-
wood", “‘engraved walnut grain design
on selected hardwood plywood’, or

.“simulated walnut finish on hard-

board’’).8
[Guide 5]
$243.6 Deceptive use of trade or cor-

porate names, coined names, trade-
marks, etc. .

Industry members should not use any
trade name, product name, corporate

3 See paragraphs (b) and (c) of §243.1.


§ 243.7

name, coined name, trademark or
other trade designation, which has the
capacity and tendency or effect of mis-
leading or deceiving purchasers or pro-
spective purchasers as to the char-
acter, name, nature, composition, or
origin of any industry product, or of
any material used therein, or which is
false or misleading in any other mate-
rial respect. [Guide 6}

§243.7 Passing off through imitation
or simulation of trademarks, trade
names, etc.

Industry members should not pass off
the products of one industry member
as and for those of another through the
imitation or simulation of trademarks,
trade names, brands, labels or other-
wise. [Guide 7]

§243.8 Disclosure of “seconds”, “re-
jected” or “defective” products, etc.
Industry products which are not of
first quality should be legibly marked
or labeled in a clear and conspicuous
manner as ‘‘second’’, ‘“‘rejected’’, ‘‘de-
fective”, or ‘‘blemished’’, as the case
may be, or by some other term which
clearly and conspicuously makes
known to purchasers, or potential pur-
chasers viewing the products, the fact
that they are not of first quality. Also,
such products should not be advertised
in any manner without a clear and con-
spicuous disclosure that the products
are not of first quality. Such disclo-
sures should conform with provisions
of paragraphs (b) and (c) of §243.1 of
this part. [Guide 8]

$243.9 Representations concerning
washability, cleanability, etc.

Industry members should not di-
rectly or indirectly misrepresent the
manner in which the exposed surfaces
of prefinished industry products may
be washed, cleaned, or otherwise main-
tained, or fail to clearly and conspicu-
ously disclose the manner in which ex-
posed surfaces may be washed, cleaned,
or otherwise maintained without ad-
verse effects whenever representations
are made concerning such matters.
(Guide 9]

52

16 CFR Ch. | (1-1-95 Edition)

$243.10 Size markings and designa-
tions.

Industry members should not:

(a) Mark or otherwise represent, di-
rectly or by implication, an industry
product as being of a certain size un-
less it has the dimensions represented;
or

(b) Fail to disclose in advertising and
on industry products the true size
thereof when the failure to make such
disclosure has the capacity and tend-
ency or effect of deceiving purchasers
or prospective purchasers as to the size
of such products. For example, consum-
ers generally assume that decorative
wall panels are 4’ x 8’ x %” when adver-
tised without disclosure of dimensions.
Therefore, if the dimensions of adver-
tised panels are less than 4’ x 8 x %4”,
an affirmative disclosure of the correct
size should be made.®

(Guide 10]
§243.11 Removal, obliteration, or al-
teration of marks or labels.

Industry members should not:

(a) Remove, obliterate, deface,

. Change, alter, conceal, or make illegi-

ble any information this part provides
be disclosed on industry products,
without replacing the same before sale,
resale or distribution for sale with a
proper mark or label meeting the pro-
visions of this part; or

(b) Sell, resell, or distribute any in-
dustry product without its being
marked or labeled and described in ac-
cordance with the provisions of this
part. (Guide 11]

§243.12 Misrepresenting products as
conforming to standard or speci-
fication.

Members of the industry should not
misrepresent in advertising, labeling,
or otherwise, that any product con-
forms to any applicable standard or
specification. [Guide 12]

4 Officially established Commercial Stand-
ards and Product Standards concerning the
various industry products are recognized as
giving proper guidance for determining di-
mensions of industry products (e.g., CS157-
56; CS176-58; CS35-61; CS251-63; CS236-66; and
PS1-66; and amendments or revisions there-
of).

5 See paragraphs (b) and (c) of § 243.1.


Federal Trade Commission

$243.13 Deception as to origin.

(a) Industry members should not
make any direct or indirect representa-
tion which is false or likely to mislead
prospective purchasers concerning the
origin of either domestic or foreign in-
dustry products, or any substantial
parts thereof.

(b) Industry members should clearly
and conspicuously disclose that indus-
try products, or any substantial parts
thereof, were produced or manufac-
tured in an identified foreign country
when the failure to make such disclo-
sure has the capacity and tendency or
effect of deceiving prospective pur-
chasers. Such disclosures should be in
the form of a legible mark, stamp or
label on the product, and any samples
thereof, and should be of such size, con-
spicuousness and permanency as to re-
main noticeable and legible upon cas-
ual inspection until consumer pur-
chase. (Guide 13]

$248.14 Other in this Title 16 ap-
plicable to this industry.

The Commission has adopted Guides
Against Deceptive Pricing, Part 233,
Guides Against Deceptive Advertising
of Guarantees, Part 239, and Guides
Against Bait Advertising, Part 238, all
of which have general application and
furnish additional guidance for mem-
bers of the Decorative Wall Paneling
Industry. Members of this industry
should comply with those parts.

PART 244~—~(RESERVED)

PART 245—GUIDES FOR THE
WATCH INDUSTRY

Sec,

245.1 Definitions.

245.2 Misrepresentation in general.

245.3 Misrepresentation of metallic com-
position of watchcases and certain watch
bands.

245.4 Misrepresentation as to durability or
suitability.

245.5 Misrepresentation of protective fea-
tures.

245.6 Deception as to jewels.

245.7 Misrepresentation of accessories.

245.8 Deceptive selling of used, rebuilt, or
secondhand products.

245.9 Deceptive imitation, obliteration, or
concealment of trade names, trademarks,
and marks.

53

§ 245.1

245.10 Disclosure of foreign origin of watch
movements, movement parts, and related
parts.

245.11 Deceptive pricing.

245.12 Commercial bribery.

245.138 Coercing purchase of one product asa
prerequisite to the purchase of other
products.

245.14 Misrepresentation of the character
and size of business, extent of testing,
etc.

245.15 Guarantees, warranties, etc.

245.16 Use of the word ‘‘free’’.

APPENDIX TO PART 245

AUTHORITY: Secs. 5, 6, 38 Stat. 719, as
amended, 721; 15 U.S.C. 45, 46.

SOURCE: 33 FR 10332, July 19, 1968, unless
otherwise noted.

$245.1 Definitions.

For the purpose of this part the fol-
lowing definitions shall apply:

(a) The term watch means a time-
piece or time-keeping device for meas-
uring or indicating time which is de-
signed to be worn on or about the per-
son.

(b) The term watchcase or case means
any metal case, covering, or housing of
any quality or description for a watch
as defined above and shall include the
back, center, lugs, bezel, pendant,
crown, bow, cap, and other parts there-
of, including a watch band which has
been permanently affixed thereto; and
unless otherwise stated, either term as
used in this part applies to the case
whether marketed separately or to-
gether with the movement or works.

(c) The term accessories means prod-
ucts, other than watch bands, which
are affixed to and sold in combination
with watchcases or watches, such as,
for example, bracelets, pins, pendants,
brooches, or ornaments. (NOTE: Metal-
lic watch bands of the detachable type
are subject to the provisions of the
Trade Practice Rules for the Metallic
Watch Band Industry, promulgated
June 30, 1962, and amended June 16,
1964.)

(d) The term mark means any letter,
figure, numeral, symbol, sign, word, or
term, or any combination thereof,
which has been stamped, embossed, in-
scribed, or otherwise placed, on any in-
dustry product for the purpose of dis-
closing its metallic composition or any
other material information.