Guides For The Feather And Down Products Industry
16 CFR Part 253 · 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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)
§ 252.6 §252.8 Representations as to “Custom- made”, etc. An industry product should not be described with such terms as ‘‘Custom- made’’, ‘““Customized’’, ‘‘Personalized’’, or with terms of similar import, unless such product is to be (a) designed and structured on the basis of actual per- sonal measurements of the prospective purchaser, and (b) dyed or made of a mixture of precolored hair stock to match a color meeting the personal re- quirements of such purchaser. [Guide 8] §252.9 Representations as to color. An industry product should not be described with such terms as ‘‘Custom- colored’, “Exact match’’, ‘‘personal- ized color’, or with terms of similar import, unless the hair contained therein is to be dyed or made of a mix- ture of precolored hair stock to match a color meeting the personal require- ments of the purchaser. [Guide 9] § 252.10 Representations as to style. An industry product should not be represented in any manner, whether through advertising text, depictions, or otherwise, that may have the capacity to deceive purchasers or prospective purchasers into believing that such product is styled or capable of being styled, or set or capable of being set or reset, in a certain manner, fashion or ‘hairdo’? when such is not the fact. [Guide 10] §252.11 Representations as to “virgin” An industry product should not be described as containing ‘‘virgin’’ hair, unless the hair contained therein is human hair and has never been bleached, dyed or permanented. [Guide 11} PART 253—GUIDES FOR THE FEATH- ER AND DOWN PRODUCTS IN- DUSTRY Sec. 253.1 Definitions. 253.2 Misrepresentation in general. 253.3 Use of trade names, symbols, depic- tions, etc. 253.4 Misuse of the term ‘“‘Tan-O-Quil-QM”. 253.5 Disclosure of filling material. 253.6 Tolerances in filling material. 16 CFR Ch. | (1-1-95 Edition) 253.7 Crushed feathers. 253.8 Damaged feathers. 253.9 Secondhand filling material. 253.10 Cleanliness of filling material. 253.11 Disclosure as to size. AUTHORITY: Secs. 5, 6, 38 Stat. 719, as amended 721; 15 U.S.C. 45, 46. SOURCE: 36 FR 20744, Oct. 29, 1971, unless otherwise noted. $253.1 Definitions. (a) Industry products. For the pur- poses of this part the term “industry products” means and includes all pil- lows, cushions, comforters, sleeping bags, wearing apparel, and similar products which are wholly or partially filled with feathers or down, and all bulk stocks of processed feathers or down intended for use or used in the manufacture of such products. (b) Industry members. All persons, firms, corporations, and organizations engaged in the processing, manufac- ture, distribution, or marketing of any industry product are considered to be industry members. (c) Filling material. Means the con- tents of an industry product including feathers and down of any kind or type. (d) Down. Means the undercoating of waterfowl, consisting of clusters of light, fluffy filaments, i.e., barbs, grow- ing from the quill point but without any quill shafts. (e) Plumules. Means downy waterfowl plumage with under developed soft and flaccid quill with barbs indistinguish- able from those of down. (f) Down fibers. Means the detached barbs from down and plumules and the detached barbs from the basal end of waterfowl quill shaft which are indis- tinguishable from the barbs of down. (g) Feathers. Means the plumage or out-growth forming the contour and external covering of fowl which are whole in structure and which have not been processed in any manner other than by washing, dusting, chemical treatment, and sanitizing. (h) Waterfowl feathers. Means feathers derived from ducks and geese. (i) Nonwaterfowl feathers or landfowl feathers. Means feathers derived from chickens, turkeys, and other landfow). (i) Quill feathers. Means feathers which are over 4 inches in length or Federal Trade Commission which have a quill point exceeding six- sixteenths of an inch in length. (k) Feather fiber. Means the detached barbs of feathers which are not joined or attached to each other. (1) Crushed feathers. Means feathers which have been processed by a curl- ing, crushing, or chopping machine which has changed the original form of the feathers without removing the quill. The term also includes the fiber resulting from such processing. (m) Damaged feathers. Means feathers which have been broken, damaged by insects, or otherwise materially in- jured. (n) Residue. Means quill pith, quill fragments, trash or foreign matter. [Guide 1] $253.2 Misrepresentation in general. (a) An industry product should not be labeled, advertised, or otherwise rep- resented in any manner which may have the capacity and tendency or ef- fect of misleading or deceiving pur- chasers or prospective purchasers con- cerning its filling material, covering, composition, quality, processing, test- ing, manufacture, durability, size, weight, maintenance, cleanliness, con- struction, warmth, moisture resist- ance, color, guarantee, origin, price, or any other feature of such product. (b) Coverings of industry products should be labeled in accordance with the requirements of the Textile Fiber Products Identification Act and the Wool Products Labeling Act. [Guide 2] §253.3 Use of trade names, symbols, depictions, etc. A trade name, symbol, depiction, or any other kind of representation, should not be used in labeling, in ad- vertising, or in any other kind of pro- motion relating to an industry prod- uct, when such representation has the capacity and tendency or effect of mis- leading or deceiving purchasers or pro- spective purchasers into believing that the product is composed: (a) In whole or in part of feathers and down, or feathers, or down, when such is not the fact; or (b) In whole or in part of feathers or down from a particular type of fowl when such is not the fact; or 85 § 253.5 (c) That the product has been given chemical treatment to improve its physical or chemical properties when such is not the fact. [Guide 3] §253.4 Misuse of the term “Tan-O-Quil- QM”. (a) The term. ‘‘Tan-O-Quil-QM”’ or any words or phrases suggestive there- of should not be used in any labeling or advertising respecting an industry product in any manner which may have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into believing that the product or any of its filling material has been treated by the Tan- O-Quil-QM process unless in fact all of the filling material in that product has been treated by the Tan-O-Quil-QM process developed by the Clothing and Organic Materials Laboratory, U.S. Army Natick Laboratories, Natick, Mass., in accordance with applicable U.S. Government specifications (this process is described in Technical Re- port 69-87-CM, ‘‘Tan-O-Quil-QM Treat- ment for Feathers and Down,’’ dated August 1968). (b) When the Tan-O-Quil-QM treat- ment has been applied to all of the fill- ing materials contained in an industry product, the term ‘Tan-O-Quil-QM” may be used on the label, and the label should include a statement that the product has been so treated in accord- ance with the applicable U.S. Govern- ment specification showing the number thereof. [Guide 4] §253.5 Disclosure of filling material. (a) Labeling. An industry product should be labeled as to the kind or type of filling material contained therein and when the filling material consists of a mixture of more than one kind or type, then the proportion of each should be disclosed in the order of pre- dominance, the largest proportion first. (b) Advertising. Disclosure of the kind or type of filling material contained in an industry product need not be made in advertising unless in the absence of disclosure a purchaser or prospective purchaser may likely be deceived. Thus, if advertising contains any rep- resentation, whether affirmative or im- plied, concerning the nature of the fill- § 253.6 ing material, then disclosure should be made in accordance with paragraph (a) of this section. (c) Bulk stocks. Invoices pertaining to bulk stocks of processed feathers and down should disclose the kind or type of feathers and down contained therein, and if more than one kind or type is contained in the bulk stock then the proportion of each should be disclosed in the order of predominance, the larg- est proportion first. (d) Manner and form of disclosures. The disclosures described in paragraphs (a), (b), and (c) of this section should be made in accordance with the following instructions. (1) Disclosures with respect to the kind or type of feathers and down by use of any of the terms listed and de- fined above will be considered proper provided such products conform to the definitions set forth for such term, ex- cept that if the term ‘“‘nonwaterfowl”’ or “‘landfowl’’ is used, it should be ac- companied by the name of the fowl from which the products were obtained, e.g., “chicken” or ‘‘turkey.” (2) Disclosures made in accordance with this part should be clear and con- spicuous, and labels bearing such dis- closures should be attached to the product with sufficient permanency so as to remain thereon until after sale to the ultimate purchaser. (3) The proportion or percentage of a particular kind or type of feathers or down in an industry product should be determined by the relationship be- tween the avoirdupois weight that the particular kind or type bears to the total avoirdupois weight of the filling material in the product. (Guide 5] $253.6 Tolerances in filling material. (a) Down products. The term ‘‘down’’ may be used to designate any industry product containing the following fill- ing material: Percent (1) Down, plumules, and down fiber (minimum) 80 Consisting of: Down and plumules (minimum) .......... 70 Down fider (Maximum) ........00-ssecsneees 10 (2) Remainder 20 86 16 CFR Ch. 1 (1-1-95 Edition) Percent 2 2 (b) Waterfowl feather products. The term ‘‘waterfow! feathers’’ may be used to designate any plumage product con- taining the following filling material which is free of quill and crushed feath- ers: Percent Waterfowl feathers (minimum) 80 Nonwaterfow! feathers (maximum) ..........c00. 8 Residue ( sm) 2 (c) Percentage claims. An industry member should not misrepresent di- rectly or indirectly the percentage of down contained in an industry product. Tlustratively, (1) A product should not be des- ignated as ‘100 percent down,” “all down,’’ ‘“‘pure down,” or by other terms of similar import unless it in fact con- tains only down without regard to the tolerance set forth in this section. (2) A product should not be rep- resented to contain a certain percent- age of feathers or down unless it in fact contains the stated percentage with due regard to the tolerances set forth in this section. (da) Designation of species. An industry product may be designated by the name of a waterfowl species if a mini- mum of 90 percent of the waterfowl plumage contained therein is of that species. (e) Testing. Tests to determine the composition of the filling material in an industry product should be con- ducted in accordance with Federal Standard 148a, dated December 10, 1964, entitled ‘‘Classification, Identification, and Testing of Feather Filling Mate- rial.’’ (f) Aduilteration. The tolerances set forth in this section are not to be con- strued to permit intentional adultera- tion. [Guide 6) $253.7 Crushed feathers. An industry product which contains crushed feathers should be labeled with a clear and conspicuous disclosure of Federal Trade Commission that fact. A crushed feather product should not contain residue in excess of 5 percent of the weight of the crushed feathers contained therein. [Guide 7) §253.8 Damaged feathers. An industry product which contains damaged feathers in an amount in ex- cess of 2 percent of the total weight of the filling material should be labeled with a clear and conspicuous disclosure that it contains damaged feathers. [Guide 8] §253.9 Secondhand filling material. (a) An industry product which con- tains any filling material which has previously been used should not be of- fered for sale unless a clear and con- spicuous disclosure of that fact is made on the label thereof and in all advertis- ing and invoices relating to such prod- uct. (b) In making the disclosure referred to in paragraph (a) of this section the term ‘“‘secondhand”’ may be used. How- ever, such terms as “reworked,” ‘“‘re- processed,”’ or terms of similar import should not be used unless they are ac- companied by a clear and conspicuous statement that such material is not new or has previously been used. [Guide 9] § 253.10 Cleanliness of filling material. (a) An industry product which con- tains filling materials which have not been cleaned so as to meet the stand- ard set forth in paragraph (b) of this section should not be offered for sale or sold. (b) A test such as that reflected in Federal Standard 148a, dated December 10, 1964, entitled ‘‘Classification, Iden- tification, and Testing of Feather Fill- ing Material,’? should be used to deter- mine whether feathers and down have been properly cleaned. Feather and down material having an oxygen num- ber exceeding 20 grams of oxygen per 100,000 grams of sample should be pre- sumed not to have been properly cleaned. [Guide 10] §253.11 Disclosure as to size. (a) Sleeping bags. The sizes of sleeping pags should be disclosed by labeling and such sizes should be expressed in terms of the finished length and width 157-061 O—95——4 87 § 253.11 measurements of the bag in inches qualified by the words ‘‘Finished Size’’. If any representation of the ‘“‘Cut Size”’ or the dimension of the materials used in the construction of sleeping bags, are made in labeling, advertising, marking, or otherwise, the provisions of the Commission’s Trade Regulation Rule on the ‘“‘Advertising and Labeling as to Size of Sleeping Bags’’ should be followed (see Part 400 of this chapter). (b) Comforters, etc. The sizes of com- forters and other similar industry products should be disclosed by label- ing and such sizes should be expressed in terms of the finished length and width measurements in inches exclu- sive of any fringe ornamentation. (c) Pillows, cushions, etc. The sizes of pillows, cushions, and other similar in- dustry products, when disclosed by la- beling, should be expressed in terms of finished measurements in inches quali- fied by the words ‘‘Finished Size.’’ This statement may be followed in paren- theses by a notation of product meas- urement in inches prior to finishing, such parenthetical expression to in- clude the phrase ‘‘Cut Size.”’ Thus, an example of proper size marking when a pillow has a finished size of 21” x 27” and a cut size of 22” x 28”, and disclo- sure is made of the cut size, would be: Finished Size 21” x 27” (Cut Size 22” x 28”). [Guide 11] PART 254—GUIDES FOR PRIVATE VOCATIONAL AND HOME STUDY SCHOOLS Sec. 254.1 Definitions. 254.2 Deceptive trade or business names. 254.8 Misrepresentation of extent or nature of accreditation or approval. 254.4 Misrepresentation of facilities, serv- ices, qualifications of instructors, and status. 254.5 Misrepresentation of enrollment quali- fications or limitations. 254.6 Deceptive use of diplomas, degrees, or certificates. 254.7 Deceptive sales practices. 254.8 Deceptive pricing and misuse of the word “‘free.’”’ 254.9 Deceptive or unfair collection and credit practices. 254.10 Affirmative disclosure prior to enroll- ment.