Spice Grinders And Packers
16 CFR Part 43 · 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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)
§ 42.15 (c) When any provision of the agree- ment or understanding requires or con- templates practices or a course of con- duct unduly and intentionally hamper- ing sales of products of competitors of an industry member; or (ad) When, because of the terms and conditions of the understanding or agree- ment, including its duration, or the at- tendant circumstances, the effect may be substantially to lessen competition or tend to create a monopoly; or (e) When similar payments are not accorded to salespersons of competing customers on proportionally equal terms in compliance with sections 2 (d) and (e) of the Clayton Act. Note: Payments made by an industry member to a salesperson of a customer under any agreement or understanding that all or any part of.such payments is to be trans. ferred by the salesperson to the customer, or is to result in a corresponding decrease in the salesperson’s salary, are not to be con- sidered within the purview of this section, but are to be considered as subject to the re- quirements and provisions of section 2 (a) of the Clayton Act. § 42.15 Tie-in sales; coercing purchase of one product as a prerequisite to the purchase of other products. The prac- tice of coercing the purchase of oné or more products of the industry as a prerequisite to the purchase of one or more other products, where the effect may be substantially to lessen competi- tion or tend to create a monopoly or unreasonably to restrain trade, is an unfair trade practice. § 42.16 Aiding or abetting use of un- fair trade practices. It is an unfair trade practice for any person, firm, or corpora- tion 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 Part 43—Spice Grinders and Packers [Revoked] CoprricaTIon: Part 43 was revoked, 19 PF. R. 2493, Apr. 29, 1954. Part 43—Outlet and Switch Box Manufacturing Industry [Added] Sec. 43.0 Definitions. 43.1 Misrepresentatlon and deception (general). Page 256 Title 16—Commercial Practices Sec. 43.2 Substitution of products. 43.3 Prohibited forms of trade restraints (unlawful price fixing, etc.). 43.4 Misrepresentation as to character of business. 43.5 Defamation of competitors or false. disparagement of their products. 43.6 Procurement of competitors’ confi- dential information. 43.7 Inducing breach of contract, 43.8 Exclusive deals. 43.9 Prohibited discrimination. 43.10 Misleading price lists. 43.11 Deceptive invoicing, etc. 43.12 Prohibited sales below cost. 43.13 Aiding or abetting use of unfair trade practices. AUTHORITY: §§ 43.0 to 43.13 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: §§ 43.0 to 43.18 appear at 23 F. R. 9546, Dec. 10, 1958. § 43.0 Definitions. As used in this part the terms “industry member’ and ‘industry products” shall have the fol- lowing meanings, respectively: (a) Industry member. Any person, firm, corporation or organization en- gaged in the manufacture and sale of in- dustry products as defined below. (b) Industry products. The follow- ing products used in the electrical field: Formed meta! switch boxes, outlet boxes, gang boxes, utility boxes, concrete boxes, extension rings, box covers, bar hanger sets, and combinaticn and parts of such products, exclusive of (1) boxes and cab- inets which have interior pre-assembled wiring, (2) hinged cover and pre-assem- bled screw cover metal cabinets, (3) junction boxes and fittings for under fioor-duct systems, (4) fioor boxes, (5) fittings and accessories manufactured as part of surface raceway systems, (6) and combination and parts of such excluded products. § 43.1 Misrepresentation and decep- tion _ (general). It is an unfair trade practice for any industry member, in connection with the offering for sale, sale, or distribution of industry prod- ucts, to use, or cause or promote the use of, any trade promotional literature, ad- vertising matter, guarantee, warranty, mark, brand, label, trade name, picture, design or device, designation, or other type of oral or written representation, hcwever disseminated or published, or to fail to disclose any material fact, when such representation or failure to disclose