Guides For The Beauty And Barber Equiptment And Supplies Industry
16 CFR Part 248 · Guides · in the Code of Federal Regulations 1993-1995 (2 annual editions)
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Latest edition: Library of Congress, 1995 CFR · Earliest edition: 1993 CFR
Text (1995 edition, OCR)
§ 247.9
seller’s products of like grade and qual-
ity.
NOTE 1: The ‘“‘meeting competition in good
faith” defense which is set forth in the note
following paragraph (a)(5) of §247.7 is also ap-
plicable to provisions of both paragraphs (a)
and (b) of this section.
NOTE 2: For farther guidance in this area
see Part 240 of this chapter for the Commis-
sion’s Guides for Advertising Allowances and
Other Merchandising Payments and Serv-
ices.
(Guide 8]
§247.9 Inducing or receiving illegal
discrimination in price, advertis
or promotional allowances, or serv-
ices or facilities.
NOTE: §247.9 is interpretive of section 2(f)
of the amended Clayton Act and of section 5
of the Federal Trade Commission Act, as
amended.
(a) Industry members engaged in
commerce, in the course of such com-
merce, should not knowingly induce or
receive a discrimination in price, ad-
vertising or promotional allowances, or
services or facilities, as reflected in
§§ 247.7 and 247.8 of this part.
(b) The following are examples of in-
ducing or receiving discriminations in
‘price, advertising or promotional al-
jowances, or services or facilities, to be
considered as subject to this section
when the requisites of an improper dis-
crimination on the part of the seller as
reflected in §§ 247.7 and 247.8 of this part
are present and the party receiving the
discriminations knows or has reason to
know that the discriminations are ille-
gal. '
Ezample 1. An industry member purchases
handbags purportedly for resale to retailers,
and is charged a lower price than the seller
charges other customers for handbags which
they resell at retail; but the member then
transfers such handbags to another part of
its business where they are resold at retail,
thereby receiving a discrimination in price
which is covered in §247.7 of this part.
Example 2. An industry member induces
suppliers to contribute sums of money to de-
fray some or all of the costs of advertising
sponsored by such member and designed to
promote the sale of such suppliers’ handbags
in its place of business, when the industry
member knows or should know that allow-
ances for such purpose are not made avail-
able on proportionally equal terms by the
same suppliers to other customers competing
with the favored member, thereby receiving
66
16 CFR Ch. | (1-1-95 Edition)
a discrimination in promotional allowances
subject to the provisions reflected in §247.8
of this part.
(Guide 9]
PART 248—GUIDES FOR THE BEAU-
TY AND BARBER EQUIPMENT AND
SUPPLIES INDUSTRY
Sec.
248.0 Definitions.
248.1 Misrepresentation in general.
248.2 Misrepresentation as to character of
business.
248.38 Deceptive plaques and certificates.
248.4 Deceptive pricing.
248.5 Deceptive use and imitation of trade
or corporate names, trademarks, etc.
248.6 False invoicing.
248.7 Defamation of competitors or false
disparagement of their products.
248.8 Push money.
248.9 Enticing away employees of competi-
tors.
248.10 Inducing breach of contract.
248.11 Exclusive deals.
248.12 Commercial bribery.
248.13 Discriminatory prices, rebates, dis-
counts, etc.
248.14 Advertising or promotional allow-
ances, or services or facilities.
248.15 Inducing or receiving an illegal dis-
crimination in price, advertising or pro-
motional allowances, or services or fa-
cilities.
AUTHORITY: Secs. 5, 6, 38 Stat. 719, as
amended, 721; 15 U.S.C. 45, 46: 49 Stat. 1526; 15
U.S.C. 18, as amended.
SOURCE: 33 FR 11987, Aug. 23, 1968, unless
otherwise noted.
$248.0 Definitions.
As used in this part the terms indus-
try products, industry member, beauty
salon, beauty school, beauty clinic, cos-
metology, hairdressing, barber shop, and
barber school shall have the following
meanings, respectively:
(a) Industry products. Items used by
or marketed through barber shops, bar-
ber schools, beauty parlors, beauty sa-
lons, beauty schools and beauty clinics.
(Such products embrace a wide range of
beauty and barber preparations; also
the many articles or items of equip-
ment, furnishings and supplies for such
aforementioned establishments.)
(b) Industry member. Any person, firm,
corporation, organization, barber shop,
beauty salon, beauty school, beauty
clinic or similar establishment engaged
Federal Trade Commission
in the manufacture, distribution, or
sale (including utilization in connec-
tion with services) of industry prod-
ucts.
(c) Beauty salon. An establishment
providing cosmetology and hairdress-
ing services to the public.
(a) Beauty school. An institution es-
tablished to render instruction in cos-
metology and hairdressing.
(e) Beauty clinic. The segment of a
beauty school furnishing the students
with practical experience in hairdress-
ing and cosmetology.
(f) Cosmetology. Art or practice of
treating, protecting, cleaning or
beautifying the skin, hair or nails of
human beings, and the art or practice
of treating, protecting or beautifying
synthetic hair, wigs, or hair pieces to
be worn by human beings.
(g) Hairdressing. Art or practice of
treating, grooming, protecting, clean-
ing, beautifying or styling of hair of
human beings.
(h) Barber shop. An establishment
which provides tonsorial services.
(i) Barber scheol. An institution es-
tablished to render instruction in the
art of tonsorial services.
§248.1 Misrepresentation in general.
An industry member should not use,
or cause or promote the use of, any
statement, representation, guarantee,!
testimonial, or endorsement, by way of
advertising (through newspapers, mag-
azines, circulars, booklets, or by radio,
television or any other medium), oral
representation, or otherwise, which has
the capacity and tendency or effect of
misleading or deceiving purchasers,
prospective purchasers, or the consum-
ing public including customers receiv-
ing cosmetology, hairdressing, or ton-
sorial services—
(a) With respect to efficacy, perma-
nency of the effects, medicinal or cura-
tive properties, grade, quality, quan-
tity, substance, character, origin, size,
preparation, manufacture, or distribu-
tion of any product of the industry; or
1The Commission has adopted Guides
Against Deceptive Advertising of Guaran-
tees. See 16 CFR Part 239 for the Guides
Against Deceptive Advertising of Guarantees
for additional guidance with respect to guar-
antee and warranty representations.
67
§ 248.3
(b) Concerning the purported ap-
proval or endorsement of such product
by State, Federal, medical or other au-
thority, or
(c) In any other materia! respect.
NOTE: Among the provisions of this section
is ‘‘false advertisement,” as defined in sec-
tion 15 of the Federal Trade Commission Act,
of any ‘‘cosmetic”’ as such term is defined in
the same section. Furthermore, nothing in
this Part 248 is to be construed as relieving
anyone of the necessity of complying with
the cosmetic labeling requirements of the
“Federal Food, Drug and Cosmetic Act.” and
the general regulations thereunder.
{Guide 1)
§248.2 Misrepresentation as to char-
acter of business.
An industry member should not mis-
represent, directly, or indirectly,
through the use of any word or term in
his corporate or trade name, in his ad-
vertising, or otherwise:
(a) That he is a producer, manufac-
turer, wholesaler, distributor, im-
porter, or retailer of industry products;
or
(b) The character, including the na-
ture, purpose or function, of his busi-
ness or the type of services he offers.
Example: An industry member advertises
his place of business as a beauty salon when
in fact it is a clinic operated by a beauty
school, thereby deceiving the public as to the
true character of his establishment. In order
to avoid such deception the industry member
should clearly and conspicuously disclose
that his establishment is a beauty school.
{Guide 2]
§248.3 Deceptive plaques and certifi-
cates.
In the course of or in connection with
the distribution, promotion, or sale (in-
cluding utilization in connection with
services) of any industry product, an
industry member should not display or
place in the hands of others any
plaque, emblem, seal, insignia, testi-
monial, or certificate which is false,
misleading, or deceptive as to an indus-
try member’s professional proficiency
or competence or as to his membership
in any guild or industry association.
Erample 1. A distributor of industry prod-
ucts awards a certificate to a beauty salon
owner indicating that the recipient has at-
tained a high degree of professiona] skill
§248.4
through some unusual or extended training,
when in fact the award was not granted on
the basis of professional competency but was
given merely as an inducement to buy the
products of such distributor.
Ezample 2. An industry member displays in
his salon a seal which indicates he is a mem-
ber of a guild when in fact he is not such a
member.
(Guide 3)
§248.4 Deceptive pricing.
Members of the industry should not
represent directly or indirectly in ad-
vertising 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 and are to be considered as
supplementing this section. See 16 CFR Part
233 for the Guides Against Deceptive Pricing
for additional guidance with respect to price
savings representations.
{Guide 4]
§248.5 Deceptive use and imitation of
trade or corporate names, trade-
marks, etc.
An industry member should not use
any trade name, corporate name,
trademark, or other trade designation,
which has the capacity and tendency or
effect of misleading or deceiving pur-
chasers or prospective purchasers as to
the character, name, nature, or origin
of any product of the industry, or of
any material used therein, or which is
false or misleading in any other mate-
rial respect. (See also §248.2 of this
part.) [Guide 5]
§248.6 False invoicing.
An industry member should not with-
hold from, or insert in, invoices or
sales slips, any statements, or informa-
tion by reason of which omission or in-
sertion a false record is made, wholly
or in part, of the transactions rep-
resented on the face of such invoices or
sales slips, with the capacity and tend-
68
16 CFR Ch. | (1-1-95 Edition)
ency or effect of thereby misleading or
deceiving purchasers, prospective pur-
chasers, or the consuming public in
any material respect. (Guide 6]
$248.7 Defamation of competitors or
false disparagement of their prod-
An industry member should not en-
gage in (a) the defamation of competi-
tors by falsely imputing to them dis-
honorable conduct, inability to per-
form contracts, questionable credit
standing, or by other false representa-
tions, or (b) the false disparagement of
the quality, grade, origin, use, design,
performance, properties, manufacture,
or distribution of the products of com-
petitors or of their business methods,
selling prices, values, credit terms,
policies or services. [Guide 7]
$2488 Push money.
An industry member should not pay
or contract to pay anything of value to
a salesperson employed by a customer
of the industry member, as compensa-
tion for, or as an inducement to obtain,
special or greater effort or service on
the part of the salesperson in promot-
ing the resale, including use in connec-
tion with services, of products supplied
-by the industry member to the cus-
tomer—
(a) When the agreement or under-
standing under which the payment or
payments.are made or are to be made
is without the knowledge and consent
of the salesperson’s employer; or
(b) When the terms and conditions of
the agreement or understanding are
such that any benefit to the sales-
person or customer is dependent on lot-
tery; or
(c) When any provision of the agree-
ment or understanding requires or con-
templates practices or a course of con-
duct unduly and intentionally hamper-
ing sales of products of competitors of
an industry member; or
(d) When, because of the terms and
conditions of the understanding or
agreement, including its duration, or
the attendant circumstances, the effect
may be to substantially lessen com-
petition or tend to create a monopoly;
or
(e) When similar payments are not
accorded to salespersons of competing
Federal Trade Commission
customers on proportionally equal
terms in compliance with sections 2 (d)
and (e) of the Clayton Act. (See §248.14
of this part.)
NOTE: Payments made by an industry
member to a salesperson of a customer under
any agreement or understanding that all or
any part of such payments is to be trans-
ferred by the salesperson to the customer, or
is to result in a corresponding decrease in
the salesperson’s salary, are not to be con-
sidered within the purview of this §248.8; but
are to be considered as subject to the re-
quirements and provisions of section 2(a) of
the Clayton Act. (See § 248.13.)
[Guide 8]
§248.9 Enticing away employees of
competitors.
An industry member should not will-
fully entice away employees or sales-
contract personnel of competitors with
the intent and effect of thereby ham-
pering or injuring competitors in their
business or destroying or substantially
lessening competition; Provided, That
nothing in this section shall be con-
strued as precluding such persons from
seeking more favorable employment,
or as precluding employers from hiring
or offering employment to employees
of a competitor in good faith and not
for the purpose of inflicting competi-
tive injury. (Guide 9]
§248.10 Inducing breach of contract.
(a) An industry member should not
knowingly induce or attempt to induce
the breach of existing lawful contracts
between competitors and their cus-
tomers or between competitors and
their suppliers, or interfere with or ob-
struct the performance of any such
contractual duties or services, under
any circumstance having the capacity
and tendency or effect of substantially
injuring or lessening competition.
(b) Nothing in this section is in-
tended to imply that it is improper for
an industry member to solicit the busi-
ness of a customer of a competing in-
dustry member; nor is the section to be
construed as in anywise authorizing
any agreement, understanding, or
planned common course of action by
two or more industry members not to
solicit business from, or to sell to, the
customers of either of them, or cus-
69
§ 248.13
tomers of any other industry member.
(Guide 10]
§248.11 Exclusive deals.
An industry member should not con-
tract to sell or sell any industry prod-
uct, or fix a price charged therefor, or
discount from, or rebate upon, such
price, on the condition, agreement, or
understanding that the purchaser
thereof shall not use or deal in the
products of a competitor or competi-
tors of such industry member, where
the effect of such sale or contract for
sale, or of such condition, agreement,
or understanding, may be substantially
to lessen competition or tend to create
@ monopoly in any line of commerce.
(Guide 11]
$248.12 Commercial bribery.
An industry member shall not di-
rectly or indirectly give, or offer to
give, or permit or cause to be given,
money or anything of value to agents,
employees, or representatives of cus-
tomers or prospective customers, or to
agents, employees, or representatives
of competitors’ customers or prospec-
tive customers, without the knowledge
of their employers or principals, as an
inducement to influence their employ-
ers or principals to purchase or con-
tract to purchase products manufac-
tured or sold by such industry member
or the maker of such gift or offer, or to
influence such employers or principals
to refrain from dealing in the products
of competitors or from dealing or con-
tracting to deal with competitors.
(Guide 12]
§248.13 Discriminatory prices,
bates, discounts, etc.
(a) An industry member engaged in
commerce, should not in the course of
such commerce, grant or allow, se-
cretly or openly, directly or indirectly,
any rebate, refund, discount, credit, or
other form of price differential, where
such rebate, refund, discount, credit, or
other form of price differential, effects
a discrimination in price between dif-
ferent purchasers of goods of like grade
and quality, where either or any of the
purchases involved therein are in com-
merce, and where the effect thereof
may be substantially to lessen com-
petition or tend to create a monopoly
re-
§ 248.13
in any line of commerce, or to injure,
destroy, or prevent competition with
any person who either grants or know-
ingly receives the benefit of such dis-
crimination, or with customers of ei-
ther of them: Provided, however,
(1) That the goods involved in any
such transaction are sold for use, con-
sumption, or resale within any place
under the jurisdiction of the United
States, and are not purchased by
schools, colleges, universities, public
libraries, churches, hospitals, and char-
itable institutions not operated for
profit, as supplies for their own use;
NOTE 1: This section does not apply to pur-
chases by the U.S. Government for its own
use.
(2) That nothing contained in this
section shall prevent differentials
which make only due allowance for dif-
ferences in the cost of manufacture,
sale, or delivery resulting from the dif-
fering methods or quantities in which
industry products are sold or delivered
to different purchasers;
NOTE 2: Cost justification under the above
proviso (2) depends upon net savings in cost
based on all facts relevant to the trans-
actions under the terms of such proviso. For
example, if a seller regularly grants a dis-
count based upon the purchase of a specified
quantity by a single order for a single deliv-
ery, and this discount is justified by cost dif-
ferences, it does not follow that the same
discount can be cost justified if granted to a
purchaser of the same quantity by multiple
orders or for multiple deliveries.
(3) That nothing contained in this
section shall prevent persons engaged
in selling goods, wares, or merchandise
in commerce from selecting their own
customers in bona fide transactions
and not in restraint of trade;
(4) That nothing contained in this
section shall prevent price changes
from time to time where made in re-
sponse to changing conditions affecting
the market for or the marketability of
the goods concerned, such as but not
limited to actual or imminent deterio-
ration of perishable goods, obsoles-
cence of seasonal goods, distress sales
under court process, or sales in good
faith in discontinuance of business in
the goods concerned;
(5) That nothing contained in this
section shall prevent the meeting in
70
16 CFR Ch. | (1-1-95 Edition)
good faith of an equally low price of a
competitor.
NOTE 3: Subsection 2(b) of the Clayton Act,
as amended, reads as follows: “Upon proof
being made, at any hearing on a complaint
under this section, that there has been dis-
crimination in price or services or facilities
furnished, the burden of rebutting the prima
facie case thus made by showing justifica-
tion shall be upon the person charged with a
violation of this section, and unless justifica-
tion shall be affirmatively shown, the Com-
mission is authorized to issue an order ter-
minating the discrimination: Provided, how-
ever, That nothing herein contained shall
prevent a seller rebutting the prima facie
case thus made by showing that his lower
price or the furnishing of services or facili-
ties to any purchaser or purchasers was
made in good faith to meet an equally low
price of a competitor, or the services or fa-
cilities furnished by a competitor.”
NOTE 4: In complaint proceedings, jus-
tification of price differentials under para-
graphs (a) (2), (4), and (5) of this section is a
matter of affirmative defense to be estab-
lished by the person or concern charged with
price discrimination.
NOTE 5: Nothing in this section should be
construed as precluding charging customers
at a higher level of distribution lower prices
than those charged to customers at a lower
level of distribution provided that such price
differential is not otherwise precluded by the
aforegoing provisions of this section. For ex-
ample, a seller may grant a lower price to
wholesalers than to retailers to the extent
that such wholesalers resel] to retailers. If
such wholesalers also sell at retail they may
not properly be granted a price lower than
the prices granted to competing retailers on
that portion of the goods they sell at retail.
(b) The following are examples of
price differential practices to be con-
sidered as subject to the provisions of
this section when involving goods of
like grade and quality which are sold
for use, consumption, or resale within
any place under the jurisdiction of the
United States, and which are not pur-
chased by schools, colleges, univer-
sities, public libraries, churches, hos-
pitals, and charitable institutions not
operated for profit, as supplies for their
own use, and when—
(1) The commerce requirements spec-
ified in this section are present; and
(2) The price differential has a rea-
sonable probability of substantially
lessening competition or tending to
create a monopoly in any line of com-
merce, or of injuring, destroying, or
preventing competition with the indus-
Federal Trade Commission
try member or with the customer re-
ceiving the benefit of the price dif-
ferential, or with customers of either "
of them; and
(3) The price differential is not justi-
fied by cost savings (see paragraph
(a)(2) of this section); and
(4) The price differential is not made
in response to changing conditions af-
fecting the market for or the market-
ability of the goods concerned (see
paragraph (a)(4) of this section); and
(5) The lower price was not made to
meet in good faith an equally low price
of a competitor (see paragraph (a)(5) of
this section).
Erample 1. An industry member sells sup-
plies to one or more of his beauty school cus-
tomers at a lower price than he sells to one
or more of his wholesale customers who re-
sell to a competitor or competitors of the fa-
vored beauty school or schools. The probable
injury to competition resulting from such
practice may occur in the resale of the sup-
plies with or without services being fur-
nished in connection therewith.
NOTE 6: Example 1 should not be construed
as admonishing an industry member not to
grant to his beauty school customers a fa-
vorable price on supplies and/or equipment
for use in preclinical training. However, the
industry member should assure himself that
the materials are to be used for the purpose
intended and not diverted for use in a salon
or clinic.
Example 2. An industry member invoices
goods to all his customers at the same price
but supplies additional quantities of such
goods at no extra charge to one or more, but
not to all, such customers; or supplies other
goods or premiums to one or more, but not
to all, such customers for which he makes no
extra charge and which effects an actual
price difference in favor of certain of his cus-
tomers.
Nore 7: Section 248.13 is interpretive of sec-
tions 2(a) and 2(b) of the amended Clayton
Act.
[Guide 13]
§248.14 Advertising or promotional al-
lowances, or services or facilities.
(a) An industry member engaged in
commerce should not pay or contract
for the payment of advertising or pro-
motional allowances or any other thing
of value to or for the benefit of a cus-
tomer of such member in the course of
such commerce as compensation or in
consideration for any services or facili-
ties furnished by or through such cus-
tomer in connection with the process-
71
§ 248.14
ing, handling, sale or offering for sale
of any products or commodities manu-
factured, sold or offered for sale by
such member, unless such payment or
consideration is made known to and is
available on proportionally equal
terms to all other customers compet-
ing in the distribution of such products
or commodities.
(b) An industry member engaged in
commerce should not discriminate in
favor of one purchaser against another
purchaser or purchasers of a commod-
ity bought for resale or distribution,
with or without processing, by con-
tracting to furnish or furnishing, or by
contributing to the furnishing of, any
services or facilities connected with
the processing, handling, sale or offer-
ing for sale of such commodity so pur-
chased upon terms not accorded to all
competing purchasers on proportion-
ally equal terms.
NOTE 1: Subsection 2(b) of the Clayton Act,
as amended, which is set forth in Note 3 in
§ 248.13 is applicable to this § 248.14.
(c) The following is an example of
discrimination in furnishing advertis-
ing or promotional allowances or serv-
ices or facilities to be considered as
subject to the provisions of this section
when involving goods of like grade and
quality and when the industry member
is engaged in commerce and the pro-
motional allowance, or service, or fa-
cility, is paid or furnished in the course
of such commerce.
Example. The furnishing by an industry
member to a beauty salon of any pro-
motional allowance, or service, or facility
without making available on proportionally
equal terms such assistance to all beauty sa-
lons and others who compete with the fa-
vored salon in the resale of the member’s
products with or without services.
NOTE 2: Proportionally equal terms means
that the assistance is proportionalized on
some basis which is fair to all who compete
in the resale of the industry member’s prod-
ucts. No single way to proportionalize is pre-
scribed by law and any method that treats
all who compete in the resale of the mem-
ber’s products on proportionally equa! terms
may be used.
NOTE 3: When an industry member fur-
nishes any promotional allowance, service,
or facility to any direct-buying salon he
must also make such assistance available on
proportionally equal terms to all salons and
others who buy the member's products di-
rectly or through intermediaries and who
§ 248.15
compete with the direct-buying salon in the
resale, with or without services, of the indus-
try member’s products at the same func-
tiona]) leve] of distribution. The industry
member may make such assistance available
directly to the competing salons and others
who buy through intermediaries. He may
also utilize his intermediaries to administer
the promotional program, so long as he
takes responsibility for seeing that the as-
sistance is offered and otherwise made avail-
able to all salons and others who compete in
the resale of the member’s products with or
without services.
NOTE 4: Section 248.14 is interpretive of sec-
tions 2(d) and 2(e) of the amended Clayton
Act.
{Guide 14}
$248.15 Inducing or receiving an ille-
gal discrimination in price, adver-
tis or promotional allowances, or
services or facilities.
(a) An industry member engaged in
commerce, should not in the course of
such commerce, knowingly induce or
receive a discrimination in price, ad-
vertising or promotional allowances, or
services or facilities, which is improper
under the foregoing provisions of
§§ 248.13 and 248.14 of this part.
(b) The following are examples of in-
ducing or receiving discriminations in
price, advertising or promotional al-
lowances or services or facilities, to be
considered as subject to this section
when the requisites of an improper dis-
crimination on the part of the seller as
set forth in §§248.13 and 248.14 of this
part are present and the party receiv-
ing the discriminations knows or
should know that the discriminations
are illegal.
Ezample 1. An industry member purchases
industry supplies purportedly for resale to
beauty salons, and is charged a lower price
than the seller charges other customers for
industry supplies which they resell in beauty
salons, with or without services; but the
member who obtained the supplies at the
lower price transfers them to a salon which
he owns, and resells the supplies therein
with or without services, thereby receiving a
discrimination in price which is subject to
the provisions of § 248.13.
Example 2. An industry member induces
suppliers to contribute sums of money to de-
fray some or all of the costs of advertising
sponsored by such member and designed to
promote the sale, with or without services,
of the suppliers’ products in the industry
member's place of business, when the indus-
try member knows or should know that the
72
16 CFR Ch. | (1-1-95 Edition)
allowances for such purpose are not made
available on proportionally equal terms by
the same suppliers to other customers com-
peting with the favored member, thereby re-
ceiving a discrimination in promotional al-
lowances subject to the provisions of $248.14.
NOTE: Section 248.15 is interpretive of sec-
tion 2(f) of the amended Clayton Act and of
section 5 of the Federal Trade Commission
Act, as amended.
(Guide 15]
PART 250—GUIDES FOR THE
HOUSEHOLD FURNITURE INDUSTRY
Sec.
250.0 Definitions.
250.1 Avoiding deception and making disclo-
sures.
250.2 Describing wood and wood imitations.
250.3 Identity of woods.
250.4 Leather and leather imitations.
250.5 Outer coverings.
250.6 Stuffing (including filling, padding,
etc.).
250.7 Origin and style of furniture.
250.8 Deception as to being ‘‘new’’.
250.9 Misuse of the terms ‘floor sample”,
“discontinued model”, etc.
250.10 Passing off through imitation or sim-
ulation of trademarks, trade names, etc.
250.11 Misrepresentation as to character of
business.
250.12 Commercial bribery.
250.13 Other parts in this Title 16 applicable
to this industry.
AUTHORITY: 38 Stat. 717, as amended (15
U.S.C. 41-58).
SOURCE: 38 FR 34992, Dec. 21, 1973, unless
otherwise noted.
$250.0 Definitions.
(a) Industry member. Any person, firm,
corporation or organization engaged in
the manufacture, offering for sale, sale
or distribution of industry products as
such products are hereinafter defined.
(b) Industry products. Articles of util-
ity, convenience or decoration which
are suitable for use as furniture in a
house, apartment, or other dwelling
place. Such articles include, but are
not limited to, all kinds and types of
chairs, tables, cabinets, desks, sofas,
bedsteads, chests and mirror frames.
The following products, covered by sets
of trade practice rules heretofore pro-
mulgated, are not to be considered as
coming within the purview of this defi-
nition: bed mattresses, bedsprings,
metal cots, cedar chests, mirror glass,
musical instruments, radio and tele-