Consumer Law Library

Ingot Brass And Bronze Industry

16 CFR Part 39 · Trade practice rules · in the Code of Federal Regulations 1938-1959 (4 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1959 CFR · Earliest edition: 1938 CFR

Text (1959 edition, OCR)

Chapter |—Federal

ceived the lower price knowing, or knowing
facts from which he should have known,
that such price was violative of section 2
(a) of said act and not justified under sub-
paragraphs (2), (4) or (5) of paragraph (a)
of this section. When, in any such proceed-
ing, the issue is limited to the question of
‘whether the price differential Involved made
only due allowance for differences in cost
of manufacture, sale, or delivery resuiting
from the differing methods or quantities in
which the goods were soid and delivered,
the Commission may establish a prima facie
case in a number of ways, including:

(1) By showing that the buyer paying the
lower price knew that the methods by, and
quantities in, which the goods were sold and
delivered to him by the seller were the same
as in the case of the competing buyer or
buyers paying the higher price or prices;
or

(2) By showing, when there is a difference
in the methods or quantities In which the
goods were sold and delivered by the seller
to the buyer than in the case of the com-
peting buyer or buyers paying the higher
price or prices, that the buyer paying the
lower price or prices knew the nature and
extent of such differences and knew or should
have known that they couid not have re-
sulted in sufficient cost savings of the kind
and character specified as to justify the price
differential.

§ 37.16 Aiding or abetting use of un-
fair trade practices. It is an unfair trade
practice for any industry member to aid,
abet, coerce, or induce another, directly
or indirectly, to use or promote the use
of any unfair trade practice specified m
the foregoing sections.

§ 37.201 Industry committee. The
provisions of § 16.1 of this subchapter
shall be applicable to an industry com-
mittee established under this part.

Part 38—Greeting Card Industry

COMMITTEE ON TRADE PRACTICES [ADDED]

Sec.
38.201 Industry committee.
§ 38.201 Industry committee. The

provisions of § 16.1 of this subchapter
shall be applicable to an industry com-
mittee established under this part.

(Sec. 6, 38 Stat. 721; 15 U.S.C.46) [21 F.R.
1174, Feb. 21, 1956] .

Part 39-——-Ingot Brass and Bronze
Industry [Revoked]

CopIFIcaTION: Part 39 was revoked, 19 F. R.
3322, June 5, 1964.

Trade Commission § 39.1

Part 39—Steel Bobby Pin and
Steel Hair Pin Manufacturing
Industry [Added]

Sec.

39.0 Definitions.

39.1 Misrepresentation and deception in
general.

39.2 Imitation or simulation of trade-
marks, trade names, etc.

39.3 Inducing breach of contract.

89.4 Commercial bribery.

39.5 Defamation of competitors or false
disparagement of their products.

89.6 False invoicing.

89.7 Prohibited forms of trade restraints
(unlawful price fixing, etc.).

39.8 False and misleading price quotations,
etc.

89.9 Prohibited sales below cost

39.10 Misrepresenting products as conform-
ing to standard.

39.11 Prohibited discrimination.

89.12 Substitution of products.

839.13 Exclusive deals.

39.14 Push money.

39.15 Enticing away employees of competi-
tors.

89.16 Aiding or abetting use of unfair trade
practices.

AUTHORITY: §§ 39.0 to 59.16 issued under

sec. 6, 38 Stat. 721; 15 U.S. C. 46. Interpret
or apply sec. 5, 38 Stat. 719, as amended; 15
U.S. C. 45.

Source: §§ 39.0 to 39.16 appear at 22 F. R,
4437, June 25, 1957.

§ 39.0 Definitions. (a) The industry
and its products: Products of the indus-
try consist of steel bobby pins and steel
hair pins.

(b) Members of the Industry are per-
sons, firms, corporations, and organiza-
tions engaged in the manufacture and
sale of any such products.

GROUP 1

$39.1 Misrepresentation and decep-
tion in general—-(a) Misrepresentation.
It is an unfair trade practice to use, or
cause or promote the use of, any state~
ment, representation, guarantee, war-
ranty, testimonial, or endorsement, by
way of advertising (through newspapers,
magazines, circulars, booklets, or by ra~
dio or any other medium), oral repre-
sentation, or otherwise, which has the
capacity and tendency or effect of mis~
leading or deceiving purchasers, prospec-
tive purchasers, or the consuming public
with respect to the grade, quality. quan-
tity, substance, character, origin, type,
length, size, preparation, manufacture,
or distribution of any product of the in-~
dustry, or in any other material respect.

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