Wall Paper Industry
16 CFR Part 35 · Trade practice rules · in the Code of Federal Regulations 1938-1960 (5 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1960 CFR · Earliest edition: 1938 CFR
Text (1960 edition, OCR)
§ 3423 (2) That nothing contained in this paragraph shall prevent differentials which make only due allowance for dif- ferences in the cost of manufacture sale or delivery resulting from the differmg methods or quantities m which such commodities are to such purchasers sold or delivered (3) That nothing contained 1 this section shall prevent persons engaged 1n selling goods, wares, or merchandise 1n commerce from selecting their own cus- tomers 1n bona fide transactions and not in restraint of trade (4) That nothing contained m this paragraph shall prevent price changes from time to time where made m re- sponse to changing conditions affecting the market for or the marketability of the goods concerned such as but not lumited to obsolescence of seasonal goods, distress sales under court process or sales in good faith m discontinuance of busi- ness 1n the goods concerned (5) That nothing contained in this section shall prevent the meeting 1n good faith of an equally low price of a com- petitor or the services or facilities furnished by a competitor (See para- graphs (c) and (d) of this section ) (b) Prohibited brokerage and com- missions It 1s an unfair trade practice for any member of the industry engaged in commerce, 1n the course of such com- merce, to pay or grant or to receive or accept anything of value as a commis- sion brokerage or other compensation, or any allowance or discount m lieu thereof, except for services rendered in connection with the sale or purchase of goods wares, or merchandise either to the other party to such transaction or to an agent representative or other inter- mediary therein where such intermedi- ary 1s acting 1n fact for or 1n behalf, or is subject to the direct or indirect con- trol of any party to such transaction other than the person by whom such compensation 1s so granted or paid (c) Prohibited advertising or promo- tional allowances, ete It 1s an unfair trade practice for any member of the industry engaged in commerce to pay or contract for the payment of advertising or promotional allowances or any other thing of value to or for the benefit of a customer of such member 1n 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 processing Page 140 Title 16—Commercial Practices handling, sale, or offering for sale of any products or commodities manufactured sold or offered for sale by such member unless such payment or consideration 1S available on proportionally equal terms to all other customers competing in the distribution of such products or commodities (d) Prohibited discriminatory services or facthties It is an unfair trade prac- tice for any member of the industry en- gaged in commerce to discriminate in favor of one purchaser against another purchaser or purchasers of a commodity bought for resale with or without proc~ essing by contracting to furnish or fur- nishing or by contributing to the fur- nishing of, any services or facilities connected with the processing handling, sale or offermg for sale of such com- modity so purchased upon terms not accorded to all competing purchasers on proportionally equal terms (e) Inducing or recewing an illegal discrimination in price It 1s an unfair trade practice for any member of the industry engaged 1n commerce in the course of such commerce, knowingly to induce or receive a discrimination in price which 1s prohibited by the fore- going provisions of this section (f) Purchases by U S Government applicability of Robinson-Patman Anti- discrimination Act to same In an opmion submitted to the Secretary of War under date of December 28 1936, the U S Attorney General advised that the Robmson-Patman Antidiscrunina- tion Act “is not applicable to Govern-~ ment contracts for supplies” (38 Opin- ions Attorney General 539 ) § 3423 Aiding or abetting use of unfair trade practices It 1s an unfair trade practice for any person to aid abet, coerce, or induce an- other directly or indirectly, to use or promote the use of any unfair trade prac- tice specified in this part PART 35—WALL PAPER INDUSTRY Group I Sec 351 352 353 354 False marking or branding Misrepresentation in general Defamation of competitors Imitation of trade-marks trade names ete Sales below cost Enticing employees Espionage Deviation from standards 355 356 357 359 Chapter Il—Federal Group II Sec 35101 Truthful disclosure of quality of products 85102 Cost accounting 85108 Arbitration COMMITTEE ON TRADE PRACTICES 85 201 Industry committee AUTHORITY §§ 351 to 35201 issued under sec 6(g) 38 Stat 722 15 USC 46(g) Interpret or apply sec 5 38 Stat 719 as amended 15 USC 45 Source §§ 35 1 to 35 201 contalned in trade practice rules Wall Paper Industry FIC Aug 21 1931 except as otherwise noted Group I § 351 False marking or branding The false marking or branding of products of the industry, with the effect of misleading or deceivmg purchasers with respect to the quantity quality grade, or substance of the goods pur- chased, 1S an unfair trade practice §352 Mhisrepresentation m general The making or causing or permitting to be made or published any false, un- true or deceptive statement by way of advertisement or otherwise concerning the grade quality quantity substance character nature origin, size, or prepa- ration of any product of the industry having the tendency and capacity to mislead or deceive purchasers or pro- spective purchasers is an unfair trade practice § 353 Defamation of competitors The defamation of competitors by falsely umputing to them dishonorable conduct, inability to perform contracts questionable credit standing, or by other false representations or the false dis- paragement of the grade or quality of their goods with the tendency and ca-~ pacity to mislead or deceive purchasers or prospective purchasers, 1S an unfair trade practice § 354 Imitation of trade-marks, trade names, etc. The imitation of the trade-marks, trade names slogans or other marks of identification of competitors, having the tendency and capacity to mislead or de- celve, is an unfair trade practice §355 Sales below cost The selling of goods below cost with the intent and with the effect of injuring a@ competitor and where the effect may be to substantially lessen competition or Trade Commission § 35 201 tend to create a monopoly or to un- reasonably restrain trade is an unfair trade practice §356 Enticing employees Maliciously enticing away the em- ployees of competitors with the purpose and effect of unduly hampering, injur- ing or embarrassing competitors in their business 1s an unfair trade practice § 357 Espionage Securing information from competi- tors concerning their businesses by false or misleading statements or representa- tions or by false umpersonations of one in authority and the wrongful use there- of to unduly hinder or stifle the competi- tion of such competitors 1s an unfair trade practice §359 Deviation from standards Deviation from the established stand- ards of the industry by any deceptive or false means or device with the effect of misleading or deceiving purchasers or prospective purchasers is an unfair trade practice Groovp II § 35.101 Truthful disclosure of qualty of products It 1s in the interest of the industry to encourage the sale of products on the basis of quality and intrinsic value Salesmen should be encouraged to ex- plain carefully the merits of their par- ticular lines § 35102 Cost accounting It is the judgment, of the industry that each member should install a proper and accurate method for determiming his cost § 35103 Arbitratiou The industry approves the practice of handling disputes in a fair and reason- able manner coupled with a spirit of moderation and good will and every effort should be made by the disputants themselves to arrive at an agreement If unable to do so they should agree, if possible upon arbitration under some one of the prevailing codes COMMITTEE ON TRADE PRACTICES § 35201 Industry committee. The provisions of §161 of this sub- chapter shall be applicable to an in- dustry committee established under this part [21 F.R 1174 Feb 21, 1956] Page 141