Guides For The Law Book Industry
16 CFR Part 256 · Guides · in the Code of Federal Regulations 1976-1995 (20 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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: 1976 CFR
Text (1995 edition, OCR)
Federal Trade Commission
tion paid the endorser is substantial, neither
the fact nor the amount of compensation
need be revealed.
Example 3: An actual patron of a res-
taurant, who is neither known to the public
nor presented as an expert, is shown seated
at the counter. He is asked for his ‘‘sponta-
neous” opinion of a new food product served
in the restaurant. Assume, first, that the ad-
vertiser had posted a sign on the door of the
restaurant informing all who entered that
day that patrons would be interviewed by
the advertiser as part of its TV promotion of
its new soy protein ‘‘steak’’. This notifica-
tion would materially affect the weight or
credibility of the patron’s endorsement, and,
therefore, viewers of the advertisement
should be clearly and conspicuously in-
formed of the circumstances under which the
endorsement was obtained.
Assume, in the alternative, that the adver-
tiser had not posted a sign on the door of the
restaurant, but had informed all interviewed
customers of the “hidden camera” only after
interviews were completed and the cus-
tomers had no reason to know or believe
that their response was being recorded for
use in an advertisement. Even if patrons
were also told that they would be paid for al-
lowing the use of their opinions in advertis-
ing, these facts need not be disclosed.
(Guide 5}
[45 FR 3873, Jan. 18, 1980]
PART 256—GUIDES FOR THE LAW
BOOK INDUSTRY
Sec.
256.0 Definitions.
256.1 General disclosures.
256.2 Disclosures relative to
supplementation.
256.38 Disclosures relative to texts and trea-
tises.
256.4 New revisions or replacement sets or
series.
256.5 Representations, express or implied,
describing a work as ‘“‘new’’, ‘“‘current”’ or
“up-to-date’’.
256.6 Disclosures relative to misleading ti-
tles of texts and treatises.
256.7 Representations relative to works not
yet published.
256.8 Representations relative to jurisdic-
tional designations.
256.9 Catalogs.
256.10 Subscription renewal notices.
256.11 Disclosures on publications.
256.12 Jurisdictional designations of publi-
cations.
256.13 Disclosures on supplements.
256.14. Upkeep service.
256.15 Billing practices.
97
§ 256.1
256.16 Added materials—germane subject
matter.
256.17 Misrepresentations (genera)).
AUTHORITY: 38 Stat. 717, as amended; (15
U.S.C, 41-58).
Source: 40 FR 33436, Aug. 8, 1975, unless
otherwise noted.
§256.0 Definitions. .
(a) Industry product. Any law book,
case book, publication, series, service,
law research materials, supplements
and other printed materials of similar
nature as well as materials appearing
in microform,~ film, tape or other
nonprint format designed primarily for
use by members of the law profession
and by law schools, excluding second-
hand or used law materials.
(b) Treatise or text. An exposition—
critical, evaluative, interpretive or in-
formative—which analyzes one or more
areas. of the law. Generally, a legal
treatise is more exhaustive in scope
than an encyclopedia, and is considered
a secondary aid.
(c) Set. A group of books published as
a unit by virtue of such unifying char-
acteristics as common authorship, edi-
torship, relevance, or subject.
(d) Series. A number of separate
works or sets, usually related to one
another in subject or otherwise, issued
in succession, normally by the same
publisher or in uniform style, with a
collective title.
(e) Looseleaf (binder). A law book or
series of law books that consist of ring
or post-bound (compression-type) bind-
ers used to hold separate looseleaf
sheets as opposed to the bound book
format wherein pages are permanently
attached to the binder.
[40 FR 33436, Aug. 8, 1975; 40 FR 36116, Aug. 19,
1975]
§256.1 General disclosures.
Direct-mail promotional materials}
or oral representations soliciting the
1 Where the direct-mail advertising of spe-
cific industry products consists of a pro-
motional package containing more than one
advertising piece (e.g., a brochure and/or
cover letter, order form, and/or reply card),
the disclosures required by §§256.1-256.3,
256.5-256.8 and 256.17 must appear clearly and
conspicuously in the place where they are
most likely to be noticed, on at least one
Continued
§ 256.2
sale of specific industry products
should clearly and conspicuously dis-
close:
(a) Name and address of publisher;
(b) Full title including any sub-titles,
and edition name or number if not the
first;
(c) Surname and given name or ini-
tials of authors, editors or compilers or
designate if authored, edited or com-
piled by publisher’s editorial staff;
(d) Latest copyright date and wheth-
er supplemented; or in the event of a
looseleaf or post-bound (compression-
type) publication, other appropriate
identification of currency (latest copy-
right date not necessary for open-
ended, ongoing type works such as re-~
ports and digests);
(e) In the case of a reprint by other
than the original publisher, the pub-
lisher and copyright date of the origi-
nal work, name and address of the re-
print publisher and reprint dates;
(f) Whether part of a set or series
and, if so, the full title of said set or se-
ries;
(g) Where the title of the advertised
industry product is general, when in
fact coverage therein is more limited
than the title implies, a synoptic de-
scription of the limited coverage of
subject matter, except in cases where
chapter headings are listed and ade-
quately reflect the Limited subject
matter;
(h) Type of binding (e.g., perma-
nently bound with pocket parts, loose-
leaf including post-bound, compres-
sion-binder type or paperback);
(i) Where the price of the industry
product appears, a description of what
the price includes (e.g., the number of
volumes in a set) and whether there are
any extra charges such as postage, han-
dling, shipping or other. surcharges.
[Guide 1]
$256.2 Disclosures
supplementation.
Direct mail promotional materials or
oral representations soliciting the sale
of specific industry products should,
where an industry product is being sup-
plemented, or supplementation is being
relative to
piece of the promotional advertising pack-
age.
16 CFR Ch. I (1-1-95 Edition)
contemplated, clearly and conspicu-
ously disclose:
(a) The general type of
supplementation currently being sup-
plied, a description of what is included
in that supplementation (e.g., pocket
part supplements [bound, unbound or
pamphlet type], replacement pages, cu-
mulative supplements, revised vol-
umes, split volumes, replacement vol-
umes), and the anticipated frequency of
supplementation (e.g., annually or
monthly);
(b) Any charge for the latest pocket
parts or supplements, and the clearly
identified period of time within which
supplementation will be supplied with-
out additional charge;
(c) The specific nature of any offer of
credit or discount for supplements in
connection with the original purchase,
and the clearly identified period of
time for said offer;
(ad) Whether supplementation to the
industry product has been abandoned,
or is knowingly to be abandoned within
1 year after issuance of the solicita-
tion, and the date or approximate date
for abandonment of supplementation;
(e) Minimum supplementation cost
for each of the past 2 calendar years, or
such shorter period in which the publi-
cation has been available. (Guide 2]
$256.3 Disclosures relative to texts
and treatises.
Direct-mail promotional materials or
oral representations soliciting the sale
* of specific texts and treatises should
98
clearly and conspicuously disclose:
(a) For a multivolume set the num-
ber or estimated number of volumes
which are anticipated to complete the
set, and the estimated publication
schedule;
(b) Where offer is of a set, a general
description of subjects covered under
said set title;
NOTE: Industry member should clearly in-
dicate general scope of the work, e.g., set
may be titled Encyclopedia of Hawaiian Law.
If the work is not a full encyclopedic treat-
ment of Hawaiian law, it should be disclosed
that it covers only certain areas which are
to be clearly identified.
(Guide 3)
Federal Trade Commission
§256.4 New revisions or replacement
sets or series.
Where a publisher sells an industry
product whose replacement or substan-
tial revision is scheduled to be offered
for sale within 1 year following the
date of sale of the precursor work, such
publisher should notify the purchaser,
prior to consummating the sale, that
the industry product will be replaced
or revised and the approximate date of
such replacement or revision. If the
purchaser has not been so notified, the
publisher should offer to the purchaser
either:
(a) Full refund for the obsolete work
within the 1 year period, less reason-
able charges for the period of use of the
work, or
(b) Full credit on the obsolete work
within the 1 year period towards pur-
chase of the new work, less reasonable
charges for the period of use of the ob-
solete work.
NOTE: This section does not apply when the
publisher continues full supplementation of
the precursor set or series.
[Guide 4]
{40 FR 33436, Aug. 8, 1975; 40 FR 36116, Aug. 19,
1975]
§256.5 Representations, express or im-
plied, escribing a work as “new”,
current” or “up-to-date”.
No direct-mail promotional mate-
rials or oral representations soliciting
the sale of specific industry products
should:
(a) Expressly or impliedly represent
that the industry product is new when
said industry product was first distrib-
uted more than 18 months prior to the
time of the offer or dissemination of
the advertisement (some examples, but
not all inclusive, of terms suggesting
new publications are: ‘“‘Announcing”’,
“newly. revised’, ‘“‘“New 8th Edition’’,
“Up-to-date’’, ‘“New’’);
(b) Represent an industry product as
current or up-to-date unless the work
itself, or the supplementation thereto,
is current or up-to-date, considering
the amount and nature of legal activ-
ity in the particular area of law cov-
ered on the date of issuance of the ad-
vertisement; but in no event should
any representation be made that the
industry product is current or up-to-
_date when either the copyright date,
99
§ 256.6
printing date or end of coverage date
for supplementation of such industry
product is more than 18 months from
the date of issuance of the advertise-
ment.
NOTE: Some areas of the law and thus some
works may require monthly supplementation
to be considered current while others may be
kept sufficiently current by annual or, in ex-
ceptional cases, even less frequent
supplementation. In some exceptional cases,
for example, where legislatures only meet on
a biannual basis, supplementation based
thereon may be designated as current and
up-to-date.
[Guide 5}
(40 FR 33436, Aug. 8, 1975; 40 FR 36116, Aug. 19,
1975]
§ 256.6 Disclosures relative to mislead-
ing titles of texts and treatises.
Direct-mail promotional materials or
oral representations soliciting the sale
of specific texts or treatises should
clearly and conspicuously disclose:
(a) Where a title contains the name
of a person who did not author or edit
or only partially authored or edited the
actual texts or treatises, the names of
authors or editors who contributed
substantial parts of an industry prod-
uct. The names of such authors or edi-
tors should appear at least once in im-
mediate conjunction with the title
where it most prominently appears in
the advertisement;
(b) Other or prior titles and last
copyright date where the advertised in-
dustry product or substantially the
same industry product is or was pub-
lished separately and/or as part of a set
or as part of two or more sets, under
identical or different titles (e.g.,
“Smith on Mortgages’? is also pub-
lished as Volume 9 of ‘The Symposium
on Real Property Law’’ (1980); or * * *
Smith on Mortgages is substantially
the same book as * * * or is based on
* * * or is composed of material also
found in * * * Volume 9 of ‘‘The Sym-
posium on Real Property Law’ (1980)
{or words to that effect));
(c) Other or prior titles and last
copyright date where the industry
product or substantially the same in-
dustry product is or was published else-
where and/or in another format under
identical or different titles (e.g.,
“Brown on Leases,’”’ Revised Edition,
published under the title of ‘Landlord
§ 256.7
& Tenant’ (1980); or “Brown on
Leases,’’ Revised Edition, is composed
primarily of materials from Landlord
& Tenant (1980) [or words to that ef-
fect]);
(d) The identity of any sources, by
title and last copyright date or other
identification of currency, where the
material in the industry product is
substantially extracted from such
sources [e.g., Chapter 1 of this book is
based on the author’s article in ‘‘97
Harvard Law Review 283’’ (1980)];
(e) For 5 years after issuance of a re-
vision or a new edition of another title,
the original title and last copyright
date or other identification of currency
of the precursor industry product.
NOTE: Where an industry product is com-
posed of innumerable, short excerpts from
other sources, such as a lawyer’s desk aid
and lawyer’s almanac, then disclosure that
the work is such a compilation will suffice
without identifying all sources of the mate-
rial therein.
(Guide 6]
$256.7 Representations relative to
works not yet published.
Representations soliciting the sale of
specific industry products should not
expressly or impliedly hold out a publi-
cation as having been printed or pub-
lished at the time of the offer when
such is not the fact. Solicitations rel-
ative to works not yet published should
clearly and conspicuously disclose that
the publication is being planned or con-
templated and that inquiries or orders
are being solicited to determine de-
mand for the publication, or words to
that effect. [Guide 7]
§256.8 Representations relative to ju-
risdictional designations.
- Representations soliciting the sale of
an industry product should not ex-
pressly or impliedly describe such
product as being designed for a particu-
lar jurisdiction unless the contents of
said industry product are designed pri-
marily for and contain significant
amounts of materials for use in the ju-
risdiction so designated. Nor shoud the
promotional materials for an industry
product have a designation or title
that expresses or implies that a broad-
er or more general jurisdiction is cov-
ered when in fact the industry product
16 CFR Ch. | (1-1-95 Edition)
is designed primarily for a jurisdiction
more limited in scope (e.g., ‘“‘The New
Rules of Evidence”’ is actually a work
which applies to new evidence rules en-~
acted in one State only). [Guide 8]
$256.9 Catalogs.
Catalog listings and descriptions of
law publications should conform to
§§ 256.1 to 256.3, 256.5 to 256.8, and § 256.17
of this part, and such catalogs should
clearly and conspicuously disclose the
printing or coverage dates on the front
cover. (Guide 9]
§256.10 Subscription renewal notices.
(a) A subscription renewal notice for
industry products should not be sent to
any person, firm, library, or entity,
where the recipient thereof is not cur-
rently subscribing to the industry
product to which the renewal notice re-
fers or relates.
(b) A subscription renewal notice
should clearly designate the number of
the notice (e.g., ‘First Renewal No-
tice’ or ‘‘Second Renewal Notice’’).
{Guide 10]
§256.11 Disclosures on publications.
Texts or treatises, separately pub-
lished or published in sets or series,
should clearly and conspicuously dis-
close on the title page or pages, half
title page and/or verso of title page:
(a) Full title of the book, including
any sub-titles;
(b) If part of a set or series, the title
of same;
(c) The number of the edition if not
the first;
(ad) For 5 years after issuance of a re-
vision or a new edition of another title,
the original title and last copyright
date or other identification of currency
of the precursor industry product;
(e) Unambiguous identification of au-
thors, editors or compilers; or whether
authored, edited or compiled by the
publisher’s editorial staff. However, if
authors, editors or compilers are listed
in the table of contents or credits, this
paragraph need not apply;
(f) Name, city and State of publisher;
(g) Where the industry product or
substantially the same industry prod-
uct is or was published separately or as
part of one or more sets under identical
or different titles, or is or was pub-
100
Federal Trade Commission
lished in various places or formats
under identical or different titles, the
prior titles and the place and date of
previous publication. However, if such
disclosures appear in the table of con-
tents or credits, this paragraph need
not apply;
(h) When the industry product is sub-
stantially extracted from other
sources, the identity of sources by ti-
tles and copyright dates unless such
disclosures appear in the table of con-
tents or credits;
(i) Where the title contains the name
of a person who did not author or edit,
or only partially authored or edited the
industry product, the names of au-
thors, editors or publisher’s editorial
staff who contributed substantial parts
of the industry product, and such dis-
closures should appear on the title
page in conspicuous type or print.
{Guide 11]
[40 FR 33436, Aug. 8, 1975; 40 FR 36116, Aug. 19,
1975]
§ 256.12 Jurisdictional designations of
publications.
No industry product should be titled
with a jurisdictional designation (e.g.,
‘““Maryland Edition’’; or ‘‘Montana Real
Estate Law’’) unless the contents of
said industry product are designed pri-
marily for and contain significant
amounts of material for use in that ju-
risdiction. Nor should an industry
product have a title which expresses or
implies that a broader or more general
jurisdiction is covered when in fact the
industry product is designed primarily
for a jurisdiction more limited in scope
(e.g., “The New Rules of Evidence’”’ is
actually a work which applies to new
evidence rules enacted in one State
only). [Guide 12]
§ 256.13 Disclosures on supplements.
Supplements issued to industry prod-
ucts should clearly and conspicuously
disclose:
(a) On title page or verso of pocket
parts and of stapled or bound supple-
mental units and on cover page or
pages or their versos for replacement
or supplemental pages:
(1) Full title of the industry product;
and where part of a set or series, title
of said set or series;
~ § 256.14
(2) Surname and given name of au-
thors, editors or compilers of the titled
industry product or if prepared by the
publisher’s editorial staff;
(3) Surname and given name of au-
thors, editors or compilers of supple-
ment if different from that of the titled
book;
(4) Coverage date or date of issuance
for the supplement.
(bo) On each replacement sheet, the
month and year of issuance. [Guide 13]
§256.14 Upkeep service.2
Prior to the formation of any con-
tract, or other agreement, whether
written or oral, for the purchase of in-
dustry products containing provisions
for subsequent automatic shipment of
materials for upkeep purposes, the seli-
er should:
(a) Clearly and conspicuously define
the nature and extent of basic upkeep
service. Basic upkeep service should in-
clude only those parts of upkeep which
are absolutely essential and without
which a set cannot remain functional
(this might include such parts as pock-
et part supplements, replacement
pages, releases and inserts, advance
sheets, and replacement, revised,
recompiled or split volumes); and
(b) Make available for purchase such
basic upkeep service on an automatic
shipment basis without requiring the
2 Upkeep service is also sometimes referred
to as ‘Standing Order’’, ‘‘Continuations’’,
“Subscription’’, or ‘‘Subscription Upkeep”’.
Once a customer invests in a work, his in-
vestment serves as a compelling factor in his
decision of whether or not to continue future
upkeep. Financial practicality and limited
choices offered by sellers of particular types
of works in a heavily concentrated industry
tend to keep the buyer confined to the work
in which he has already invested; therefore,
the buyer will not or is reluctant to switch
to a competitive work (if there is one) when
he cannot purchase the type of upkeep he
wants or needs.
Customers have varied needs and wants re-
lating to upkeep. For example, the customer
may want to enter his subscription or order
for automatic upkeep of supplements (i.e.,
pocket part supplements, replacement pages,
releases, inserts), advance sheets, replace-
ment, revised, recompiled or split volumes,
but he may want to be notified of and given
the opportunity to order any additional,
companion or related volumes, series or sets,
new editions, or any related titles.
101
§ 256.15
purchase of other additional upkeep
services whether on an automatic basis
or otherwise.
NOTE 1: Nothing in this section is meant to
preclude a seller from offering to buyers the
option of ordering and receiving ali parts of
upkeep on an automatic basis, including
basic supplementation and all other extra
parts of supplementation, or any other meth-
od of upkeep such as alternate year
supplementation, as long as other require-
ments of this section are met.
NOTE 2: The purpose of this section is to
furnish the seller and buyer with a clear un-
derstanding of what is being ordered. There
- has been dissension and confusion in the law-
book industry as to what constitutes upkeep
service and as to what the customer expects
to receive or thinks he ordered under the up-
keep provision, and as to which parts or
units of the upkeep service the customer
considers necessary or unnecessary for his
particular requirements.
NOTE 3: Where a customer chooses to pur-
chase individual parts of the upkeep service
on @ non-automatic basis [see paragraph (b)
of this section], the total price for each part
so ordered should not exceed the cost of such
parts when ordered automatically (see Note 1
of this section], unless any increased charges
are based upon the actual increased costs to
the seller directly attributable to such sale
andor delivery.
NOTE 4: The Federal Trade Commission Act
will be enforced in accordance with Section
3009 of the Postal Reorganization Act which
designates that ‘‘(a) * * * the mailing of
unordered merchandise or of communica-
tions prohibited by paragraph (c) of this sec-
tion constitutes an unfair method of com-
petition and an unfair trade practice. * * *
“(b) Any merchandise mailed in violation
of paragraph (a) of this section, or within the
exceptions contained therein, may be treated
as a gift by the recipient, who shall have the
right to retain, use, discard, or dispose of it
in any manner he sees fit without any obli-
gation whatsoever to the sender. All such
merchandise shall have attached to it a clear
and conspicuous statement informing the re-
cipient that he may treat the merchandise as
a gift to him and has the right to retain, use,
discard, or dispose of it in any manner he
sees fit without any obligation whatsoever
to the sender.
“(c) No mailer of any merchandise mailed
in violation of paragraph (a) of this section,
or within the exceptions contained therein,
shall mail to any recipient of such merchan-
dise a bill for such merchandise or any dun-
ning communications.”
{Guide 14)
16 CFR Ch. | (1-1-95 Edition)
§256.15 Billing practices.
(a) Sellers of industry products
should notify all customers in a clear
and conspicuous manner:
(1) To mark conspicuously their ac-
count numbers (if any) or other appro-
priate identifying data on all cor-
respondence and payments, including
checks, sent by customers to the seller;
(2) That, upon request for clarifica-
tion of an account, any customer may
receive a statement of accounts, show-
ing each purchase, payment or credit
itemized for the current or all perti-
nent, preceding months;
(3) That, where the seller can apply
payments to specific items under its
billing procedures, to indicate or iden-
tify to the seller or payee the item or
items to which any payment is to be
applied.
(b) The publisher or seller of industry
products should:
(1) When receiving communications
showing account numbers, have the re-
sponsibility of applying all correspond-
ence and payments to the correct ac-
count, and where there is any question,
notify the customer before entering the
pertinent data into the computer sys-
tem;
(2) Provide a statement of accounts
when requested by the customer;
(3) Where seller can apply payments
to specific items under its billing pro-
cedures, apply payments or credits as
designated by the buyer or payor.
(c) The seller of industry products, in
oral or written communications with
the buyer, should not use fictitious
names, but should use names of live
persons who are actively participating
in the business.
(d) Billing statements to purchasers
of industry products should show:
(1) Date and customer’s account
number, if any;
(2) Invoice numbers or, where items
are listed, a clear and readable descrip-
tion of each item or unit. If abbrevia-
tions are used which are not readily
understandable, the statement should
have thereon or attached thereto a
clear interpretation of said abbrevia-
tions (e.g., a table);
(3) A price for each item, or invoice
totals, or the total of invoice totals;
102
Federal Trade Commission
(4) Penalty, interest, or carrying
charges, if any, clearly and separately
identified;
(5) Purchases sent on approval, if
any, Clearly and separately identified.
(e) All industry product invoices
should:
(1) Be dated, numbered or adequately
identified, and should show customer’s
account number, if any;
(2) Show a clear and readable descrip-
tion of each item or unit. If abbrevia-
tions are used which are not readily
understandable, the invoice should
have thereon or attached thereto a
clear interpretation of said abbrevia-
tions;
(3) Show a price for each item, and
clearly state terms of sale and amount
of discount, if any;
(4) Clearly show the time period for
approval orders, by showing specific
opening and termination dates.
NoTe: This section is meant to suggest
some basic information that should be pro-
vided for the billing process although the
seller may prefer to use some other system
or method which furnishes essentially the
same information as provided by this sec-
tion. Further, this section does not relieve
an industry member of his responsibilities to
comply with the Fair Credit Billing Act, 15
U.S.C. 1601, and law book sellers should note
with particularity section 161 of that Act
dealing with ‘Correction of Billing Errors’’.
(Guide 15]
$256.16 Added
subject matter.
The adding of volumes or other mate-
rials, the overall content of which is
not substantially germane to the sub-
ject matter of the basic work, con-
stitutes an unfair trade practice.
(Guide 16]
materials—germane
§256.17 Misrepresentations (general).
An industry product should not be
advertised, published 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 the grade, quality, material,
size, contents, authorship, editorship,
use, value, price, origin, preparation,
manufacture or date of publication or
copyright of any industry product or of
any supplementation thereto, or the
current or up-to-date character there-
§ 259.1
of, or concerning any service offered in
connection therewith, or in any other
material respect. [Guide 17]
NOTE. If a fixed fee per period is charged
for a current topic reporting upkeep service
which is supplemented monthly or more fre-
quently, §§256.2, 256.3, 256.18(a) and 256.14 do
not apply.
PART 259—GUIDE CONCERNING
FUEL ECONOMY ADVERTISING
FOR NEW AUTOMOBILES
§ 259.1 Definitions.
For the purposes of this part, the fol-
lowing definitions shall apply:
(a) New automobile. Any passenger
automobile or light truck for which a
fuel economy label is required under
the Energy Policy and Conservation
Act (42 U.S.C. 6201 et seg.) or rules pro-
mulgated thereunder, the equitable or
legal title to which has never been
transferred by a manufacturer, dis-
tributor, or dealer to an ultimate pur-
chaser. The term ‘“‘manufacturer”’ shall
mean any person engaged in the manu-
facturing or assembling of new auto-
mobiles, including any person import-
ing new automobiles for resale and any
person who acts for and is under con-
trol of such manufacturer, assembler,
or importer in connection with the dis-
tribution of new automobiles. The term
“dealer”? shall mean any person, resi-
dent or located in the United States or
any territory thereof engaged in the
sale or distribution of new automobiles
to the ultimate purchaser. The term
“ultimate purchaser’? means, for pur-
poses of this part, the first person,
other than a dealer purchasing in his
or her capacity as a dealer, who in good
faith purchases such new automobile
for purposes other than resale, includ-
ing a person who leases such vehicle for
his or her personal use.
(b) Gas Mileage Guide. The most re-
cent publication of the U.S. Environ-
mental Protection Agency (EPA) and/
or the U.S. Department of Energy is-
sued pursuant to section 506(b) of the
Energy Policy and Conservation Act
(15 U.S.C. 2006(b)).
(c) Estimated mpg and estimated city
fuel economy. The gasoline consumption
or mileage of new automobiles as de-
termined in accordance with the test
103