Common Or Toiletpin Industry

16 CFR Part 52 · Trade practice rules · in the Code of Federal Regulations 1973-1973 (1 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1973 CFR · Earliest edition: 1973 CFR

Text (1973 edition, OCR)

§ 51.18

of thereby unduly hampering or injur-
ing competitors in their business and
destroying or substantially lessening
competition: Provided, That nothing in
this section shall be construed as pro-
hibiting employees from seeking more
favorable employment, or as prohibit-
ing employers from hiring or offering
employment to employees of competitors
in good faith and not for the purpose of
injuring, destroying, or preventing
competition. [Rule 17]

§ 51.18 Exclusive deals.

It is an unfair trade practice for any
member of the industry to lease, con-
tract to sell or sell any industry product,
or fix a price charged therefor, or dis-
count from, or rebate upon, such price,
on the condition, agreement, or under-
standing that the lessee or purchaser
thereof shall not use or deal in the prod-
ucts of a competitor or competitors of
such industry member, where the effect
of such sale or contract for sale, or of
such condition, agreement, or under-
standing, may be substantially to lessen
competition or tend to create a monopoly
in any line of commerce. [Rule 18]

§ 51.19 Commercial bribery.

It is an unfair trade practice for a
member of the industry, directly or in-
directly to give, or offer to give, or permit
or cause to be given, money or anything
of value to agents, employees, or repre-
sentatives of customers or prospective
customers or to agents, employees, or
representatives of competitors’ customers
or prospective customers, without the
knowledge of their employers or prin-
cipals, as an inducement to influence
their employers or principals to purchase
or contract to purchase products manu-
factured or sold by such industry mem-
ber or the maker of such gift or offer,
or to influence such employers or prin-
cipals to refrain from dealing in the
products of competitors or from dealing
or contracting to deal with competitors.
(Rule 19]

§ 51.20 Unlawful interference with com-
petitors’ pnrchases or sales.

It is an unfair trade practice for any
member of the industry, by means of any
monopolistic practices or through com-
bination, conspiracy, coercion, boycott,
threats, or any other unlawful means,
directly or indirectly, to interfere with a
competitor’s right to purchase his ma-
terials and supplies from whomsoever he

Title 16—Commercial Practices

chooses, or to sell his product to whom-
soever he chooses. [Rule 20]

§ 51.21 Aiding or abetting use of unfair
trade practices.

It is an unfair trade practice for any
person, firm, or corporation to aid, abet,
coerce, or induce another, directly or in-
directly, to use or promote the use of
any unfair trade practice specified in
this part. [Rule 21]

PART 52—COMMON OR TOILET-
PIN INDUSTRY

Group I
Sec.
52.3 Sales below cost.
62.4 Imitation of trade-marks, trade
names, etc.
52.5 Mislabeling. :
52.6 Deceptive selling methods.
Group II
52.101 Publication of price lists and terms

of sale.
52.102 Faise invoicing.

AutHoriry: The provisions of this Part 52
issued under secs. 6(g), 5, 38 Stat. 722, 719;
15 U.S.C. 46(g), 45, unless otherwise noted.

Source: The provisions of this Part 52
contained in trade practice rules, Common
or Toilet-Pin Industry, FTC, Sept. 3, 1931,
unless otherwise noted.

Group I
§ 52.3 Sales below cost.

The sellmg 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
tend to create a monopoly or to unrea-
sonably restrain trade is an unfair trade
practice.

§ 52.4 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-
ceive purchasers or prospective pur-
chasers, is an unfair trade practice.

§ 52.5 Mislabeling.

'To label boxes or papers of iron or steel
pins with the words “bank”, “dress-
makers”, “silk”, “satin’’, “voile”, “‘chif-
fon”, or similar words, when such
deceives the public into the belief that
such pins are rustproof or suitable for
the fabrics above mentioned, is an un-
fair trade practice.

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Chapter |—Federal

$52.6 Deceptive selling methods.

The sale or offering for sale of any
product of the industry by any false
means or device which has the tendency
and capacity to mislead or deceive cus-
tomers or prospective customers as to
the quantity, quality, substance, or size
of such product is an unfair trade
practice.

Group II

§ 52.101 Publication of price lists and
terms of sale.

(a) The industry approves the prac-
tice of each individual member of the
industry independently publishing and
circulating to the purchasing trade its
own price lists.

(b) The industry hereby records its
approval of the practice of making the
terms of sale a part of all published price
schedules.

§ 52.102 False invoicing.

Withholding from, or inserting in the
invoice, statements which make the in-
voice a false record, wholly or in part, of
the transaction represented on the face
thereof, is condemned by the industry.

PART 53-—INTERIOR MARBLE

INDUSTRY

Group I
Sec.
53.1 Inducing breach of contract.
53.2 Misrepresentation in general.
53.5 Sales below cost.
53.6 Deceptive selling methods.
§3.7 Espionage.

Group II
53.101 Cost accounting.
53.102 Standard form of contract.
53.103 Production statistics.
§3.104 Dissemination of credit information.

COMMITTEE ON TRADE PRACTICES
53.201 Industry committee.

AuTHOoRITY: The provisions of this Part 53

issued under secs. 6(g), 5, 38 Stat. 722, 719;
"15 U.S.C. 46(g), 45.

Source: The provisions of this Part 53
contained in trade practice rules, Interior
Marble Industry, FTC, Sept. 11, 1931, unless
otherwise noted.

Group I
§ 53.1 Inducing breach of contract.

Maliciously inducing or attempting to
induce the breach of existing contracts
between competitors and their customers
by any false or deceptive means whatso-

84-05S—73—_27

Trade Commission § 53.102
ever, or interfering with or obstructing
the performance of any such contractual
duties or services by any such means,
with the purpose and effect of unduly
hampering, injuring, or embarrassing
competitors in their businesses, is an
unfair trade practice.

§ 53.2  Misrepresentation in 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 mis-
lead or deceive purchasers or prospective
purchasers, and the tendency to injuri-
ously affect the business of competitors,
is an unfair trade practice.

§ 53.5 Sales below eost.

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
tend to create 2 monopoly or to unrea-
sonably restrain trade, is an unfair trade
practice.

§ 53.6 Deceptive selling methods.

The sale or offering for sale of any
product of the mdustry by any false
means or device which has the tendency
and capacity to mislead or deceive cus-
tomers or prospective customers as to
the quantity, quality, substance, or size
of such product, and the tendency to
injuriously affect the business of coin-
petitors is an unfair trade practice.

§ 53.7 Espionage.

Securing information from competi-
tors concerning their businesses by false
or misleading statements or representa-
tions or by false impersonations of one
in authority and the wrongful use thereof
to unduly hinder or stifle the competi-
tion of such competitors is an unfair
trade practice.

Group II
§ 53.101 Cost accounting.

It is the judgment of the industry that
each member should install a proper and
accurate inethod for determining his
cost.

§ 53.102 Standard form of contract.

It is the judgment of this conference
that the industry should adopt in cooper-

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