Guides For The Household Furniture Industry
16 CFR Part 250 · Guides · in the Code of Federal Regulations 1974-1995 (22 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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: 1974 CFR
Text (1995 edition, OCR)
§ 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-
Federal Trade Commission
vision receiving sets and venetian
blinds. Also excluded from the purview
of this part are pictures, lamps, clocks,
rugs, draperies as well as appliances
and fixtures such as refrigerators and
air conditioners.
(c) Exposed surfaces. Those parts and
surfaces exposed to view when fur-
niture is placed in the generally ac-
cepted position for use. Included in this
definition are visible backs of such
items of furniture as open bookcases,
hutches, etc.
$250.1 Avoiding deception and making
disclosures.
(a) In general. Industry members
should not sell, offer for sale, or dis-
tribute any industry product under any
representation or circumstance, in-
cluding failure to disclose material
facts, that has the capacity and tend-
ency or effect of misleading or deceiv-
ing purchasers or prospective pur-
chasers with respect to its utility, con-
struction, composition, durability, de-
sign, style, quality, quantity or num-
ber of items, model, origin, manufac-
ture, price, grade, or in any other ma-
terial respect.
(b) Affirmative disclosures. Material
facts concerning merchandise which, if
known to prospective purchasers,
would influence their decision of
whether or not to purchase should be
disclosed. This includes. situations
where deception may result from the
appearance alone which in the absence
of affirmative disclosures, could have
the capacity and tendency or effect of
misleading or deceiving. For example,
veneered construction, use of plastic
with simulated wood appearance, use of
materials or products that simulate
other materials or products used in the
manufacture of furniture, or use of
simulated finish or grain design, are
considered to be material facts and a
failure to disclose such information
may be an unfair trade practice viola-
tive of section 5 of the Federal Trade
Commission Act.
(1) Where disclosures should be made.
Unless otherwise provided, any affirm-
ative disclosure which should be made
under this part, should be on the indus-
try product, or on a tag or label promi-
nently attached thereto, and should be
of such permanency as to remain on or
73
dustry products,
§ 250.1
attached to the product until con-
summation of sale to the consumer.
Also, affirmative disclosures should ap-
pear in all advertising relating to in-
irrespective of the
media used, whenever statements, rep-
resentations or depictions are used
which could create an impression that
the furniture is of a certain construc-
tion or composition and which, in the
absence of such disclosures, could have
the capacity to mislead purchasers or
prospective purchasers.
(2) The manner of disclosure. In all
cases in which the disclosure is nec-
essary, it should be made in close con-
junction with the representation or de-
piction to be qualified and should be of
sufficient clarity, conspicuousness, and
audibility (when spoken), as to be
noted by prospective purchasers. The
number of times a disclosure should be
made will depend entirely upon the for-
mat and context in which it appears.
As a general proposition, in catalogs
and brochures advertising a suite or
line of furniture it will be sufficient to
make appropriately conspicuous disclo-
sures once at the outset; however, addi-
tional disclosures should be made on
any page where additional descriptive
words are used which should be quali-
fied under this part.
(3) The form of disclosure with respect
to composition. Whenever an affirmative
disclosure regarding composition
should be made under this part, it may
be accomplished by either describing
the true composition of the product or
parts thereof (‘‘plastic’, ‘vinyl’,
“marble particles with binder’’) or by
stating that the material is not what it
appears to be (‘‘simulated wood’’, ‘“‘imi-
tation leather’, ‘‘simulated marble’’).
Terms such as ‘molded components”,
“walnut plastic’ or ‘carved effect’
will not suffice to disclose that exposed
surfaces are plastic, or that they are
not wood.
(4)0) Trade names, coined names, trade-
marks, etc. suggestive of composition. Any .
trade name, coined name, trademark,
depiction, symbol or other word or
term which is susceptible of more than
one interpretation, one or more of
which could be misleading, should be
immediately qualified to remove clear-
ly and conspicuously the misleading
implication(s). For instance, a trade
§ 250.1
name such as ‘Durahyde”’, if used to
describe a fabric-backed vinyl] uphol-
stery covering which simulates leather,
should be immediately qualified to dis-
close (A) the true composition of the
product (e.g., ‘‘fabric-backed vinyl’’) or
(B) that the product is not leather (e.g.,
“simulated leather’, ‘‘not leather’’ or
“imitation leather’’).
(ii) Trade designations or other rep-
resentations which cannot be qualified
without the qualification amounting to
a contradiction should not be used. A
trade designation consisting in whole
or in part of a word which denotes a
kind or type of material of which the
product is not in fact composed should
not be used. For example, the words
‘hide’, “skin’? and “leather”? should
not be used in trade names denoting
nonleather products, although
homophones of those words such as
“hyde”? may be used if qualified as pro-
vided above. Similarly, the word
‘““wood’’ should not be used in a trade
name of a product which does not con-
tain wood.
(iii) Also, ambiguous or imprecise
trade designations will not be suffi-
cient to satisfy the disclosure provi-
sions of this part. For example, the
coined name ‘“‘Hardiclad” used to de-
scribe molded plastic drawer fronts
having the appearance of wood, is not
sufficient to disclose that such parts
are plastic or that they are not wood.
(c) Rlustrative examples of affirmative
disclosure of composition or appearance.
The following examples are among
those which, if factually correct, will
meet the provisions of this section
with respect to affirmative disclosures:
(1) Disclosure of veneered construction.
“Veneered construction’’, “Cwood
name] solids and veneers’, ‘“[wood
name] veneered tops, fronts and end
panels’’ or “‘[wood name] veneered 5-ply
construction with solid parts of [wood
name]”’;
(2) Disclosure of the use of plastics or
other materials having the appearance of
wood. “High impact polystyrene’’,
“door panels of polystyrene’, “‘legs of
rigid polyurethane’, ‘‘walnut grained
plastic tops’, “parts of the exposed
surfaces are of simulated wood”’ (to de-
scribe minor parts of the exposed sur-
faces of furniture), “imitation wood’,
“carved effects of simulated wood’’,
74
16 CFR Ch. | (1-1-95 Edition)
“simulated wood components”, ‘“‘wood
grained vinyl veneer’’, ‘walnut grained
hardboard” or “‘simulated wood effect
on plastic’’;
(3) Simulated leather, slate, or marble.
“Vinyl”, “leather look on vinyl’,
“simulated leather’, “slate effect on
plastic tops’’, ‘simulated slate’, ‘“‘sim-
ulated marble’ or “marble dust and
polyester binder’’;
(4) Simulated wood grain design. ‘‘Sim-
ulated wood grain design’, ‘cherry
grained maple’’, ‘‘simulated mahogany
crotch on mahogany veneer’, “Simu-
lated Carpathian Elm burl’’ or ‘‘en-
graved cathedral walnut grain on hard-
board’’; .
(5) Simulated carvings. ‘“‘Carved effect
in plastic’’, ‘“‘simulated wood carvings”’
or ‘‘molded polystyrene with carved
look”’;
(6) Hang tags or labels disclosing the
use of veneers, plastic simulating wood, or
simulated wood grain. ‘‘Veneered con-
struction, heat and stain resistant
plastic tops, drawer fronts and decora-
tive parts of rigid polyurethane’, or
“This furniture is made of selected
hardwoods and veneers with matching
plastic tops and decorative carved ef-
fects of polystyrene in dark oak fin-
ish’’, or “This suite is constructed of
selected walnut veneers and _ solid
pecan, and has simulated wood panels
on drawers, doors, and headboards’’, or
“Walnut veneer end panels and tops,
polystyrene drawer and door fronts,
and selected solid hardwood’’, or ‘‘This
furniture is constructed of selected
handwood solids and veneers, with cer-
tain veneered surfaces having simu-
lated grain finish to enhance their ap-
pearance’ or “Solid and Veneered
hardwoods with carved effects in simu-
lated wood and simulated grain design
on veneered tops in matching pecan
finish’’.
(ad) Removal of tags or labels. Members
of the industry should not: (1) Remove,
obliterate, deface, change, alter, con-
ceal, or make illegible any information
this part provides be disclosed on in-
dustry products, such as on tags or la-
bels attached thereto, without replac-
ing the same with a proper disclosure
meeting the provisions of this part be-
fore offering for sale, sale, or distribu-
tion; or
Federal Trade Commission
(2) Sell, resell, distribute, or offer for
sale an industry product without it
being marked, tagged, or labeled and
described in accordance with the provi-
sions of this part. [Guide 1)
$250.2 Describing wood and wood imi-
tations.
(a) Solid wood construction. Industry
members should not use unqualified
wood names to describe furniture un-
less all of the exposed surfaces are con-
structed of solid wood of the type
named. If more than one type of solid
wood is used and one of the woods is
named, then all of the principal woods
should be disclosed, or the extent of
the use of the wood named should be
indicated. In lieu of naming the spe-
cific woods, a general designation of
the type of wood, such as “hardwood”
or “softwood”? may be used. For exam-
ple, the following representations, if
factually correct, will be acceptable:
“solid maple’, “solid African mahog-
any’’, ‘‘walnut and pecan’’, “‘solid oak
fronts’, ‘‘walnut’’, ‘‘maple and other
selected hardwoods’’, ‘‘fine hardwoods”’
and ‘‘selected hardwoods’’.
(b) Wood veneers. (1) When the ex-
posed surfaces of furniture are of
veneered and solid construction, and
wood names are used to describe such
furniture, the wood names should be
qualified to disclose the fact of
veneered construction. For example,
“walnut solids and veneers’’ or ‘‘ma-
hogany veneered construction’’ may be
used when all the exposed surfaces of
furniture are constructed of solid and
veneered wood of the type named.
When such terms as ‘‘walnut veneered
construction”’ or ‘‘oak veneered con-
struction” are used, it is understood
that the exposed solid parts are com-
posed of the same wood.
(2) When solid parts of furniture are
of woods other than those used in
veneered surfaces, either the use of
such other woods should be disclosed or
the location of the veneers stated. Ex-
amples: ‘‘walnut veneers and pecan sol-
ids’, ‘‘mahogany veneers and African
mahogany solids’, “‘walnut veneered
tops, fronts and end panels’’, ‘“‘table
tops of mahogany veneers" or “cherry
veneers and selected solid hardwoods’’.
(c) Wood products. Wood names or
names suggesting wood should not be
75
§ 250.3
used to refer to materials which, while
produced from wood particles or fibers,
do not possess a natural wood growth
structure. Such materials, however,
may be referred to by their generally
accepted names, if otherwise
nondeceptive, such as ‘“hardboard’’,
“particleboard’’, ‘“‘chipcore’’ or ‘‘fiber-
board’’, or may be referred to as “wood
products’’.
(a) Color or grain design finish. When
wood names are used merely to de-
scribe a color of a stain finish and/or
grain design or other simulated finish
applied to the exposed surfaces of fur-
niture that is composed of something
other than solid wood of the types
named, it must be made clear that the
wood names are merely descriptive of
the color andor grain design or other
simulated finish. Terms such as ‘“wal-
nut finish’’ or “fruitwood finish’? will
not suffice. However, terms such as
“walnut color’, ‘‘fruitwood stain fin-
ish’’, ‘‘maple finish on birch solids and
veneers’’, ‘‘walnut finish on walnut ve-
neers and selected solid hardwoods’,
“cherry grained maple drawer fronts’’,
“walnut finish plastic top’ or ‘‘maple
stained hardwoods’”’ will be considered
acceptable when factually correct and
in contexts otherwise nondeceptive.
(e) Materials simulating wood. No wood
names should be used to describe any
materials simulating wood without dis-
closures making it clear that the wood
names used are merely descriptive of
the color and/or grain design or other
simulated finish; nor should any trade
names or coined names be employed
which may suggest that such materials
are some kind of wood. [Guide 2]
§250.3 Identity of woods.
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
§ 250.4
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
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 ‘“‘Af-
rican” (eg., “African mahogany
desk’’).
(3) In naming or designating the
seven non-mahogany 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 table’), due to the long
standing usage of that term. Examples
of improper use of the term ‘“‘mahog-
any” include 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’’,
“pock 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 shouid 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 §250.2(a). (Guide 3)
76
16 CFR Ch. I (1-1-95 Edition)
$250.4 Leather and leather imitations.
(a) Members of the industry should
not make any direct or indirect rep-
resentation concerning furniture or
parts thereof covered with leather, or
other material which simulates leath-
er, which is false or misleading.
(b) Practices which should not be
used under this section include, but are
not limited to, the use of any trade
name, coined name, trademark,! or
other word or term, or any depiction or
device, which could have the capacity
and tendency or effect of misleading
prospective purchasers into believing
that furniture is covered in whole or in
part with the skin or hide of an animal,
or that the covering of furniture is
leather, top grain leather, or split
leather, when such is not the case.
When a furniture covering is made
from ground, shredded, pulverized or
powdered leather, industry members
should affirmatively disclose, in a
manner provided for under §250.1 of
this part, either the true composition
thereof, or the fact that it is not leath-
er.
(c) In the case of non-leather mate-
rial having the appearance of leather,
industry members should conspicu-
ously disclose facts concerning the
composition thereof either by identify-
ing the composition of the product
(e.g., “vinyl covering’’, ‘fabric-backed
vinyl’’, “upholstered in plastic’’) or by
a disclosure that the product is not
leather (e.g., “imitation leather’’, ‘‘not
leather’), as provided for under §250.1
of this part. [Guide 4]
$250.56 Outer coverings.”
(a) In connection with the sale of fur-
niture, members of the industry should
1 See §250.1(b)(4).
2 Section 12(a)(2) of the Textile Fiber Prod-
ucts Identification Act (72 Stat. 1717; 15
U.S.C. 70) specifically exempts ‘‘outer cover-
ings of furniture’’ from the application of the
Act. Section 14 of the same Act provides that
the Act “shall be held to be in addition to,
and not in substitution for or limitation of,
the provisions of any other Act of the United
States.’ Therefore, corrective action involv-
ing deceptive practices in the sale of fur-
niture would be initiated under the author-
ity of Section 5 of the Federal Trade Com-
mission Act which prohibits “unfair methods
Federal Trade Commission
not use any direct or indirect represen-
tation concerning the outer covering
thereof which:
(1) Is false (e.g., using the term ‘‘Mo-
hair” to describe a fabric not produced
from fibers derived from the angora
goat); or
(2) Has the capacity and tendency or
effect of deceiving furniture purchasers
(e.g., by telling a half-truth, such as
using the unqualified word ‘‘Nylon’’ to
describe a blend of nylon and other fi-
bers).
(b) When (if) any identifying ref-
erence is made in advertising to an
outer covering made of a mixture of
different kinds of fibers, each constitu-
ent fiber present in substantial quan-
tity (at least 5 percent) should be des-
ignated in the order of its predomi-
nance by weight (e.g., “cotton and
nylon”) in a manner provided for in
§250.1 of this part. If a fiber so des-
ignated is not present in a substantial
quantity (ess than 5 percent) the per-
centage thereof should be stated (e.g.,
“cotton, rayon, 3 percent nylon’’).
(c) When (if) any identifying ref-
erence is made on a tag or label to an
outer covering made of a mixture of
different kinds of fibers; each and
every kind of fiber present in such
outer covering should be identified by
showing the fiber content with percent-
ages of the respective fibers in order of
their predominance by weight (e.g., ‘‘55
percent Cotton, 45 percent Rayon’’). In
the case of pile fabrics, identification
of the fiber content should be made on
a tag or label by stating: .
(1) The fiber content of the face or
pile and of the back or base, with per-
centages of the respective fibers in
order of their predominance by weight
and the respective percentages of the
face and back showing the ratio be-
tween face and back (e.g., ‘‘Face 60 per-
cent Rayon, 40 percent Nylon—Back
100 percent Cotton; Back constitutes 80
percent of fabric and face 20 percent’);
or
(2) The percentages of the fibers of
the face or pile and the back or base in
relation to the total weight of the fab-
ric (e.g., ‘40 percent Cotton, 40 percent
Rayon, 20 percent Nylon” to describe a
of competition in commerce and unfair or
deceptive acts or practices in commerce.”
7
§ 250.6
fabric having an all nylon pile con-
stituting 20 percent of the total weight
backed by a 50 percent—50 percent
blend of cotton and rayon).
(d) No representation should be
made, directly or by implification, that
an upholstery fabric has been tested
unless:
(1) Actual tests have been conducted
by persons qualified to perform and
evaluate tests on upholstery fabrics;
and
(2) Such tests were devised and con-
ducted so as to constitute a reasonable
basis for evaluating the fabric for use
as a furniture covering; and
(3) Such representation is accom-
panied by a conspicuous and accurate
statement, in layman’s language, of
the actual test results. (See Note fol-
lowing paragraph (e) of this section.)
(e) No direct or indirect representa-
tion should be made concerning any
performance characteristic of any up-
holstery fabric unless at the time such
representation is made the advertiser
has in his possession a reasonable basis
therefor, which may consist of com-
petent scientific tests and/or other ap-
propriate substantiating materials.
NOTE: On demand by the Commission, any
advertiser who makes representations con-
cerning tests or performance characteristics
of fabrics should submit documentation of
such tests, studies, and other data (as he had
in his possession prior to the time the claims
were made), which purport to substantiate
the truth of such representations. Accurate
records of all such documentation should be
maintained for three years from the date
such representations were last disseminated.
[Guide 5]
(38 FR 34992, Dec. 21, 1973; 39 FR 1833, Jan. 15,
1974)
§250.6 Stuffing (including filling, pad-
ding, etc.).
Members of the industry should not
make any direct or indirect representa-
tion relating to the stuffing of fur-
niture which:
(a) Is false (e.g., describing cotton
stuffing as ‘‘wool’’, or urethane foam as
“latex foam rubber’’): or ,
(b) Has the capacity and tendency or
effect of deceiving or misleading (e.g.,
by telling a half-truth, such as describ-
ing shredded or flaked foam rubber
stuffing as ‘“‘foam rubber’’ without dis-
§ 250.7
closing, in a manner provided for under
§250.1 of this part, that it is shredded
or flaked, or describing any non-latex
foam cushion as ‘‘foam’”’ without dis-
closing the kind of foam used, such as
“urethane foam’’).
(1) The unqualified terms ‘‘Foam’’,
“Latex”? or ‘“‘Latex Foam Rubber’’ or
other terms of similar import, should
not be used as descriptive of any part
of the filling of an upholstery which
does not consist of one or more homo-
geneous pads of latex foam rubber.
(2) When an upholstered industry
product contains filling material con-
sisting of a top layer of homogeneous
latex foam rubber, or of other type of
stuffing which is of substantial thick-
ness, and another layer or layers of
other material, terms such as “latex
foam rubber’’, “polyurethane foam”’ or
other terms which accurately describe
the composition of such top layer may
be used as descriptive thereof, provided,
however, That in immediate conjunc-
tion therewith, nondeceptive disclosure
is made of the fact that only a part of
such filling material is of latex foam
rubber or such other type of designated
stuffing.
(3) When the filling is composed, in
whole or in part, of latex foam rubber,
polyurethane foam, or other type of
stuffing which has been shredded,
flaked, or ground, full and
nondeceptive disclosure should be
made of such fact in immediate con-
junction with any such term irrespec-
tive of whether the pieces or shreds of
latex foam rubber, polyurethane foam,
or other type of stuffing are in loose
form or are held together by glue or
some other adhesive agent.
Note: This section is promulgated under
the Federal Trade Commission Act for the
purposes of interpreting requirements of
such Act and to assist in the general enforce-
ment of the Act. The section is not to be
construed as relieving industry members
from full compliance with applicable State
and local legal requirements.
(Guide 6)
$250.7 Origin and style of furniture.
(a) Industry members should not
make any direct or indirect representa-
tion which is false or likely to deceive
16 CFR Ch. I (1-1-95 Edition)
to its origin, either domestic or for-
eign. For example:
(D) Furniture manufactured in the
United States should not be
unqualifiedly described as ‘“Danish”,
“Spanish’’, ‘Italian’, “English’’, or by
any other unqualified terms suggesting
foreign origin, unless the fact that
such furniture was manufactured in
the United States is clearly and con-
spicuously disclosed in advertising and
on the furniture by means of such
statements as “Made in U.S.A.” or
“manufactured by’’ followed by the
name and address of the domestic man-
ufacturer.
(2) When appropriate, furniture may
be described by such terms as “Danish
Style’, ‘Italian Design’’, ‘““Spanish In-
fluence’, ‘‘English Tradition” or by
any other terms accurately descriptive
of a generally recognized furniture
style.
(3) Because of general understanding
by the furniture buying public, terms
such as “French Provincial’, ‘Italian
Provincial”, ‘‘Chinese Chippendale’”’
and “Mediterranean” are considered to
have acquired a secondary meaning as
descriptive of the styles of furniture so
described. Thus, unqualified use of such
terminology, when appropriate, would
not be considered deceptive.
(4) Furniture should not be rep-
resented by trade name or otherwise as
being manufactured in the Grand Rap-
ids (Michigan) area, or in any other
furniture producing area, when such is
not the fact.
(b) In connection with the sale of fur-
niture of foreign manufacture, mem-
bers of the industry should clearly and
conspicuously disclose the foreign
country of origin, when the failure to
make such disclosure has the capacity
and tendency or effect of deceiving pur-
chasers of such products. The disclo-
sure of foreign origin, when required,
should be in the form of a legible
marking, stamping, or labeling on the
outside of the furniture, and shall be of
such size, conspicuousness and degree
of permanency, as to be and remain no-
ticeable and legible upon casual inspec-
tion until consumer purchase. (Guide 7]
$250.8 Deception as to being “new”.
(a) Industry members should not
prospective purchasers of furniture as make any direct or indirect representa-
78
Federal Trade Commission
tion that an industry product is new
unless such product has not been used
and is composed entirely of unused ma-
terials and parts.
(b) In connection with the sale of fur-
niture which has the appearance of
being new but which contains used ma-
terials or parts, such as springs, latex
foam rubber stuffing, or hardware,
members of the industry should con-
spicuously disclose, in a manner pro-
vided for in §250.1 of this part, such
fact (e.g., ‘cushions made from reused
shredded latex foam rubber’’). —
(NOTE: See also § 250.9.)
(Guide 8]
§250.9 Misuse of the terms “floor sam-
ple”, “discontinued model”, etc.
(a) Representations that furniture is
a ‘floor sample’, ‘demonstration
piece’’, etc., should not be used to de-
scribe ‘‘trade-in’’, repossessed, rented,
or any furniture except that displayed
for inspection by prospective pur-
chasers at the place of sale for the pur-
pose of determining their preference
and its suitability for their use.
(b) Furniture should not be described
as ‘discontinued’ or ‘‘discontinued
. model’ unless the manufacturer has in
fact discontinued its manufacture or
the industry member offering it for
sale will discontinue offering it en-
tirely after clearance of his existing in-
ventories of furniture so described.
(Guide 9]
§250.10 Passing off through imitation
or simulation of trademarks, trade
names, etc.
Members of the industry should not
mislead or deceive purchasers by pass-
ing off the products of one industry
member as and for those of another
through the imitation or simulation of
trademarks, trade names, brands, or la-
bels. [Guide 10)
§250.11 Misrepresentation as to char-
acter of business.
Members of the industry should not
represent, directly or by implication,
in advertising or otherwise, that they
produce or manufacture products of the
industry, or that they own or control a
factory making such products, when
such is not the fact, or that they are a
719
§ 251.1
manufacturer, wholesale distributor or
a wholesaler when such is not the fact,
or in any other manner misrepresent
the character, extent, or type of their
business. (Guide 11]
$250.12 Commercial bribery.
Members of the industry should not
give, or offer to give, or permit or
cause to be given, directly or indi-
rectly, money or anything of value to
agents; employees, or representatives
of customers or prospective customers,
or to agents, employees, or representa-
tives of competitors’ customers or pro-
spective customers, without the knowl-
edge of their employers or principals,
as an inducement to influence their
employers or principals to purchase or
contract to purchase products manu-
factured or sold by such industry mem-
ber or the maker of such gift or offer,
or to influence such employers or prin-
cipals to refrain from dealing in the
products of competitors or from deal-
ing or contracting to deal with com-
petitors. [Guide 12]
§ 250.13 Other parts in this Title 16 ap-
plicable to 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 Household Furniture Indus-
try. Members of this industry should
comply with those parts.
PART 251—GUIDE CONCERNING
USE OF THE WORD “FREE” AND
SIMILAR REPRESENTATIONS
§251.1 The guide.
(a) General. (1) The offer of ‘‘Free’’
merchandise or service is a _ pro-
motional device frequently used to at-
tract customers. Providing such mer-
chandise or service with the purchase
of some other article or service has
often been found to be a useful and val-
uable marketing tool.
(2) Because the purchasing public
continually searches for the best buy,
and regards the offer of ‘‘Free’’ mer-
chandise or service to be a special bar-