Lime Industry
16 CFR Part 59 · 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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)
§ 583
trust (such as instructor director of
athletics or advisor 1n any particular
line of sports), without the knowledge
of their employers, upon the condition
or understanding express or implhed
that 1ts goods be recommended or used
by such person in preference to the ath-
letic goods or equipment of a competitor
or competitors of that person firm or
corporation with the tendency to in-
juriously affect the business of competi-
tors 1s an unfair trade practice Pro-
vided That nothing in this section shall
prevent any person firm, or corporation
from selling its goods to anyone upon
whatsoever terms it sees fit but without
any condition or understanding express
or imphed, as to the recommendation or
use of said athletic goods or equipment
§583 Misuse of prominent uames
The use of the names of prominent
athletes on athletic goods or equipment
used 1n the particular branch of athletics
engaged in by said athletes when said
athletes did not design or do not bona
fide endorse or do not themselves bona
fide use said athletic goods or equipment
and where from the use of said name
there 1s a tendency and capacity to in-
duce purchasers of said athletic goods
or equipment to purchase said athletic
goods or equipment 1n the belief that the
same are bona fide used or endorsed or
were designed by said athletes with the
tendency to injuriously affect the busi-
ness of conipetitors 1s an unfair trade
practice
§ 584 Mhisrepresentation as to endorse
ment, ete, of industry products
Falsely advertising or falsely repre-
senting that an athlete prominent in a
particular line of sports or athletics de-
signed or uses or endorses certain ath-
letic goods or equipment with the tend-
ency and capacity to deceive purchasers
or prospective purchasers and the tend-
ency to injuriously affect the business
of competitors 1s an unfair trade prac-
ice
§ 585 Full-lime forang
For any person firm, or corporation
to lease or make a sale or contract for
sale of athletic goods or equipment
whether patented or unpatented for use
consumption or resale within the United
States, or to fix a price charged therefor
or discount from, or rebate upon such
price, on the condition agreement or
understanding that the lessee or pur-
Page 220
Title 16—Commercial Practices
chaser thereof shall not use or deal in
the athletic goods or equipment of a
competitor or competitors of the lessor
or seller where the effect of such lease
sale, or contract for sale or such condi-
tion agreement or understanding may
be to substantially lessen competition or
tend to create a monopoly in any hne
of commerce 1s an unfair trade practice
(Sec 3 38 Stat 731 51USC 14)
§587 Appropriatmg names used by
competitor
It 1s an unfair trade practice for any
person firm or corporation to use on
or In any way in connection with the
sale of any of 1ts athletic goods or equip-
ment the name nickname or initials of
any athlete or person prominent in any
line of sport when a competitor has pre-
viously acquired of the said athlete or
person, and with his approval the ex-
clusive right and good will in and to said
name, nickname or initials for use on
the same line of goods and where the
effect of the use by the said person firm
or corporation of the said name nick-
name, or initials 1s to deceive or tend
to deceive the purchasing public as to
the source or make of the said lne of
goods and where the tendency 1s to in-
juriously affect the business of com-
petitors
§588 Inducing breach of contract
Malhciously inducing or attempting to
induce the breach of existing contracts
between competitors and any athletes or
persons prominent in any hne of sport
relative to the use of said athletes’ or per-
sons name nicknanie or initials or ma-
liciously interfering with or obstructing
the performance of any such contractual
duties or services with the purpose and
effect of unduly injuring or hampering
such competitors 1n their businesses 1s
an unfair trade practice
COMMITTEE ON TRADE PRACTICES
§ 58201 Industry committee
The provisions of §161 of this sub-
chapter shall be apphcable to an indus-
try committee established under this
part
{21 FPR 1174 Feb 21 1956]
PART 59——LIME INDUSTRY
Group I
Sec
593 Inducing breach of contract
594 Sales below cost
595 Defamation of competitors
Chapter I—Federal
Sec
596 Violation of legal standards for con-
tainers
597 Appropriation of brands or labels
59 8 Deceptive selling methods
599 Imitation of trade-marks trade
names etc
5910 False marking or branding
5911 Misrepresentation in general
5912 Commercial bribery
5913 Consignment selling
5914 Deviation from standards
Grovur II
59101 Cost accounting
59102 Observance of rules of approved
practice
59103 Definitions
59104 Publication of price lists and terms
of sale
COMMITTEE ON TRADE PRACTICES
59201 Industry committee
AUTHORITY §§ 593 to 59201 issued under
sec 6 (g) 38Stat 722 15U S C 46(g) In-
terpret or apply sec 5 38 Stat 719 as
amended 15U S C 45
Source §§ 593 to 59 201 contained in trade
practice ruies Lime Industry FTC Oct 31
1931 except as otherwise noted
Group I
§593 Indneimg 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 business 1s an un-
fair trade practice
§ 594 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
tend to create a monopoly or to unrea-
sonably restrain trade 1s an unfair
trade practice
§595 Defamation of competitors
The defamation of competitors by
falsely imputing 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 capac-
ity to mislead or deceive purchasers or
Trade Cammissian § 5911
prospective purchasers 1S an unfair
trade practice
§596 Vnrolation
containers
To violate the provisions of the act of
Congress approved August 23 1916, en-
titled ‘An act to standardize hme bar-
rels” (39 Stat 530 15 USC 237-242),
is an unfair trade practice
legal standards for
§597 Appropration of brands’ or
labels
To sell lime or permit 1t to be sold
in used barrels bearing the brand label
or name of producers or dealers other
than the one producing or selling the
lime contained therein where the effect
may be to mislead or deceive purchasers
or prospective purchasers as to source
of production, grade, quality or quantity
of such product is an unfair trade
practice
§598 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
§599 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 purchasers or prospective pur-
chasers, 1s an unfair trade practice
§5910 False marking or branding
The false marking or branding of prod-
ucts of the industry with the effect of
misleading or deceiving purchasers with
respect to the quantity quality grade or
substance of the goods is an unfair trade
practice
§5911 Musrepresentation 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 prep-
aration of any product of the industry
having the tendency and capacity to mis-
lead or deceive purchasers or prospective
purchasers 1s an unfair trade practice
Page 221
§ 5912
§ 5912 Commercial bribery
Directly or indirectly to give or permit
to be given or offer to give money or any-
thing of value to agents, employees or
representatives of customers or prospec-
tive customers or to agents employees
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 industry prod-
ucts from the maker of such gift or offer
or to influence such employers or prin-
cipals to refrain from dealing or con-
tracting to deal with competitors 1s an
unfair trade practice
§ 5913 Consignment selling
To ship lime or lime products on con-
signment with the intent and with the ef-
fect of Injuring a competitor and where
the effect may be to substantially lessen
competition or tend to create a monopoly
or to unreasonably restrain trade is an
unfair trade practice
§5914 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 1s an unfair trade
practice
Group II
§59101 Cost accounting
It 1s the judgment of the industry that
each member should install a proper and
accurate method for determining his
cost
§59102 Observance of rules of ap
proved practice
It 1s the opinion of the industry that
lime manufacturers should use their best
efforts to observe these rules of approved
practices
§59103 Defimtons
A jobber or distributor shall be defined
as any person firm or corporation who
1s engaged 1n the business of selling lime
or lime products either exclusively or
with other materials but 1s not engaged
in the manufacture of the particular type
or class of lime or lime products and who
sells the materials to another person or
to another firm or corporation for the
purpose of resale
Page 222
Title 146—Commercial Practices
§ 59104 Publication of price hsts 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 approves the prac-
tice of making the terms of sale a part
of all published price schedules
COMMITTEE ON TRADE PRACTICES
§ 59201 Industry committee
The provisions of §161 of this sub-
chapter shall be applicable to an indus-
try committee established under this
part
[21FR 1174 Feb 21 1956]
PART 64—ELECTRICAL CONTRACT-
ING INDUSTRY
Group I
Sec
641 Inducing breach of contract
642 Enticing employees
43 Defamation of competitors
644 Sales below cost
645 Substitution
646 Substitution in installation
648 Aiding or abetting use of unfair
practices
Group II
64101 Regulatory standards
64102 Solicitation of favors in bidding
64103 Solicitation of information with a
view to price cutting
64104 Deception in bidding
64105 Unethical acquisition of bid infor-
mation
64106 Fictitious bids
64107 Bid shopping condemned
64108 Standards of calls for bids
64109 Identical information to all bidders
64110 Publication of price lists and terms
of sale
64111 Definition
64112 Cost accounting
64113 Arbitration
COMMITTEE ON TRADE PRACTICES
64201 Industry committee
AUTHORITY §§ 641 to 64201 issued under
sec 6(g) 388 Stat 722 15 USC 46(g)
Interpret or apply sec 5 38 Stat 719 as
amended 15USC 45
Source §§ 641 to 64 201 contained in trade
practice ruies Electrical Contracting Indus-~
try FTC Nov 28 1931 except as otherwise
noted