Consumer Law Library

Interior Marble Industry

16 CFR Part 53 · Trade practice rules · in the Code of Federal Regulations 1938-1976 (14 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1976 CFR · Earliest edition: 1938 CFR

Text (1976 edition, OCR)

§ 51.21

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 53—INTERIOR MARBLE
INDUSTRY

Group I
Sec.
63.1
53.2
63.6
53.6
53.7

Inducing breach of contract.
Misrepresentation in general.
Sales below cost.
Deceptive selling methods.
Espionage.

Group IT

Cost accounting.

Standard form of contract.
Production statistics.
Dissemination of credit information.

COMMITTEE ON TRADE PRACTICES
63.201 Industry committee. .

AvuTHORITY: The provisions of this Part 53
issued under secs. 6(g), 5, 88 Stat. 722, 719;
15 U.S.C. 46 (g), 46.

Source: The provisions of this Part 63
contained in trade practice rules, Interlor
Marble Industry, FTC, Sept. 11, 1931, unless
otherwise noted.

63.101
63.102
63.103
53.104

Grovp 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-
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 capaclty to mis-
lead or deceive purchasers or prospective

Title 16—-Commercial Practices

purchasers, and the tendency to injuri-
ously affect the business of competitors,
is an unfair trade practice.

§ 53.5 Sales below cost.

The selling of goods below cost with
the intent and with the effect of injuring
a coinpetitor 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.

§53.6 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, and the tendency to
injuriously affect the business of com-
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 stifie 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 method for determining his
cost.

§ 53.102 Standard form of contract.

It is the judgment of this conference
that the industry should adopt in cooper-
ation with buyers a standard form of

contract which will thoroughly protect
the rights of both buyers and sellers.

§ 53.103 Production statistics.

The industry approves a system of
reports froin its members whereby, with-
out revealing any of the details of the
business of mdividual members, there
may be compiled accurate statements of
the amounts of marble actually used
each year.

§ 53.104 Dissemination of credit in-
formation.

The industry records its approval of
the distribution among members of the
industry of informatlon covering delin-

432


Chapter I—Federa!

quent and slow credit accounts insofar
as it may be lawfully done.

COMMITTEE ON TRADE PRACTICES
§ 53.201 Industry committee.

The provisions of § 16.1 of this sub-
chapter shall be applicable to an indus-
try committee established under this
part.

[21 F.R, 1174, Feb. 21, 1956)

PART 54—WALNUT WOOD

INDUSTRY
Group I
Sec.
64.1 Misuse of word “walnut”,
Group It
64.101 Standards of nomenclature.

AvutTHoriTr: The provisions of this Part 54
issued under secs. 6(g), 5, 38 Stat. 722, 719;
15 US.C, 46(g), 45, unless otherwise noted.

Source: The provisions of this Part 54
contained in trade practice rules, Walnut
Wood Industry, FTC, Sept. 13, 1931, unless
otherwise noted.

Group I

§ 54.1 Misuse of word “walnut.”

The false use of the term “walnut”,
either alone or in conjunction with other
words, as applied to wood other than the
wood of the tree of the botanical walnut
family, or the genus Juglans, with the
tendency and capacity to deceive or mis-
lead purchasers or prospective purchas-
ers, is an unfair trade practice. -

Group II
§ 54.101 Standards of nomeuclature.

The present commercially used species
of “walnut” should be designated with a
qualifying adjective Indicating the
species, variety or place of origin, and
the following names shall be the accepted
trade names for use In the United
States:

Juglans nigra, to be called “American
Walnut” or “Black Walnut”.
Juglans cinerea, to be called “White Wal-
nut” or “Butternut”,
Juglans regia, to be called “Royal” or
‘Persian Walnut”.
From England, to be called “English
Walnut”.
From France, to be called “French
Walnut’. .
From Italy, to be called “Italian
Walnut”’.

Trade Commission § 56.1

From Turkey, to be called “Turkish
Walnut”.

From Russia, to be called “Russian
Walnut”, or “Caucasian Walnut” or
“Circassian Walnut”.

From Spain, to be called “Spanish
Wainut”. '
Juglans sieboldiana, to be called “Jap-

anese Walnut”.

Juglans boliviana, to be called “Bolivian

Walnut”.

PART 56—PLEASURE BOAT
INDUSTRY

Sec. :

66.0 The industry and its products defined.

66.1 Deception (general).

66.2 Deception as to length.

56.8 Deceptive speed claims.

56.4 Deception as to maintenance.

56.5 Deceptive use of wood names.

56.6 Deceptive pricing.

56.7 Guarantees, warranties, etc.

56.8 Exclusive deals.

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

56.10 Defamation of competitors or false
disparagement of their products.

66.11 Prohibited discrimination.

AvuTHOonrIrr: The provisions of this Part 56
issued under secs. 6, 5, 38 Stat. 721, 719;
15 US.C. 46(g), 45, unless otherwise noted.

Source: The provisions of this Part 56 ap-
pear at 26 F.R. 7012, Aug. 4, 1961, uniess
otherwise noted.

§ 56.0 The industry and its products
defined.

Members of this industry are persons,
firms, corporations, and organizations
engaged in the manufacture, sale or dis-
tribution of pleasure boats. Products of
the industry consists of pleasure boats of
all types (row boats, motor boats, sail
boats, etc.), the length of which does not
exceed 65 feet, and equipment therefor,
such as engines, propellers, rigging and
tanks, which are installed on such boats
when the boats are sold or offered for
sale. Such equipment, when not installed
on pleasure boats is not to be considered
a product of the industry.

§ 56.1 Deception (general).

Boats and equipment thereof, shall
not be sold or offered for sale by an tn-
dustry member under any representation
or circumstance (including failure to
adequately disclose relevant facts) hav~
Ing the capacity and tendency or effect
of misleading or deceiving purchasers or
prospective purchasers with respect to
size, weight, accommodations, load ca-

433