Consumer Law Library

Multi-Color Printers Of Transparent And Translucent Materials

16 CFR Part 70 · Trade practice rules · in the Code of Federal Regulations 1938-1960 (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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1960 CFR · Earliest edition: 1938 CFR

Text (1960 edition, OCR)

§ 64107

changed and new bids called for after
the original bids have been submitted
and opened, the same fairness should
obtain as with the original bid

§ 64107 Bid “shopping”? condemned

It is a frequent practice for electrical
contractors to submit bids to general
contractors who in turn use the lowest
acceptable price from the several trades
in making up their bids on a general
contract Many general contractors
after securing the genera! contract then
reopen the bidding for the same opera-
thon commonly known as shopping’
which practice involves deception and
misrepresentation, lowering the standard
and quality of electrical installation and
building construction Such practice
is condemned by the industry

§ 64108 Standards of calls for Inds

The industry favors the adoption of
the following rules for calling for bids

(a) In all cases where competitive bids
are requested no one should be invited
to bid to whom the contract would not
be wilingly awarded in the case his bid
is the most acceptable in itself

(b) Where accurate estimates are de-
sired for information only a reasonable
fee or fees should be paid to the parties
preparing them

(c) Plans and specifications should
be sufficiently complete to enable com-
petent bidders to estimate accurately
the amount of material and labor
required

(d) Invited bidders provided they
actually submit bids should not be re-
quired to pay for the use of plans and
specifications

(e) A reasonable time should be
allowed for preparation of estimates

§ 64109 Identical mformation to all
bidders

Where a bidder requests an interpreta-
tion of some feature of the specifications
from the buyer or his representative be-
fore submitting his bid which would ma-
tertally affect the cost of the work the
same information should be subinitted
to all other bidders by the buyer or his
representative

§ 64110 Pubhcation of price hsts and
terms of sale.

(a) The industry approves the prac-
tice of each individual member of the
industry and mdependently pubhshing

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Title 16—Commercial Practices

and circulating to the purchasing trade
its own price lists

(b) The industry approves the prac-
tice of inaking the terms of sale a part
of all pubhshed price schedules

§ 64111 Definmton

The industry hereby records 1ts ap-
proval of the definition of a qualified
wholesale distributor to be one whose
principal business 1s selling to the retail
distributor

§ 64112 Cost accountng

It is the judgment of this industry
that an accurate knowledge of cost is
indispensable to intelligent and fair com-
petition and the adoption of accurate
methods of cost finding and estimating
is recommended by the industry

§ 64113 Arbitration

The industry approves the practice of
handling disputes in a fair and reasona-
ble manner coupled with a spirit of mod-
eration and good will and every effort
should be inade by the disputants them-
selves to arrive atan agreement If un-
able to do so they should agree if possi-
ble, upon arbitration under some one of
the prevailing codes

CoMMITTEE ON TRADE PRACTICES

§ 64.201 Industry committee

The provisions of §161 of this sub-
chapter shall be apphcable to an industry
committee established under this part
[21F.R 1174 Feb 21 1956]

PART 70O—MULTI-COLOR PRINTERS
OF TRANSPARENT AND TRANSLU-
CENT MATERIALS

Group I
Sec
103 Misrepresentation in general
704 Defamation of competitors
105 Imitation of trade-marks trade

names etc

10 6 Inducing breach of contract
707 Commercial bribery
708 Espionage
709 Sales below cost
7010 Deceptive selling methods
7011 Fictitious prices
7012 Consignment selling

Grovp II
70101 Repudiation of contracts
70102 Publication of price lists
70103 Pubiication of terms of sale
70104 Arbitration
70105 Faise Invoicing


Chapter I—Federal

Sec
70106 Hiring of competitors employees
70107 Definition

AvuTHOoRITY §§ 703 to 70107 issued under
sec 6 (g) 38 Stat 722 15 U S C 46 (g)
Interpret or apply sec 5 38 Stat 719 as
amended 15U S C 45

Source §§ 703 to 70 107 contained in trade
practice rules Multi-Color Printers of Trans-
parent and Translucent Materials FTC Jan
22 1932

Group I

§ 703 Mhu-srepresentation in general

The making or causing or permitting to
be made or published any false untrue
or deceptive statement by way of adver-
tisement or otherwise concerning the
grade quality, quantity substance, char-
acter nature origin size, Or preparation
of any product of the industry having
the tendency and capacity to mislead or
deceive purchasers or prospective pur-
chasers and the tendency to injuriously
affect the business of competitors is an
unfair trade practice

§ 704 Defamation of competitors

The defamation of competitors by
falsely iumputing to them disonorable
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 ca-
pacity to mislead or deceive purchasers
or prospective purchasers, and the tend-
ency to injuriously affect the business
of such competitors 1s an unfair trade
practice

§ 705 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 muslead or
deceive purchasers or prospective pur-
chasers and the tendency to injuriously
affect the busmess of such competitors
is an unfair trade practice

§ 706 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

Trade Commission § 7011
competitors in their business 1s an un-
fair trade practice

§ 707 Commercial bribery

Directly or indirectly to give or permit
to be given or offer to give money or
anything of value to agents, employees,
or representatives of customers or pro-
spective customers or to agents employ-
ees or representatives of competitors’
customers or prospective customers
without the knowledge of their employers
or principals as an inducement to influ-
ence their employers or principals to pur-
chase or contract to purchase industry
products from the maker of such gift or
offer or to influence such employers or
principals to refrain from dealing or con-
tracting to deal with competitors with
the tendency to injuriously affect the
business of competitors 1s an unfair
trade practice

§ 708 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 or securing information
concerning competitors’ businesses by
bribery of their employees and the
wrongful use thereof to unduly hinder
or stifle the competition of such competi-
tors 1s an unfair trade practice

§ 709 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

§ 7010 Deceptive sellmg metbods

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 and the
tendency to injuriously affect the busi-
ness of competitors or size of such prod-
uct, 1s an unfair trade practice

§ 7011 Fictittous priees

Offering for sale merchandise at a
price reduced from a marked-up or ficti-
tious price with the tendency and capac-
ity to mislead or deceive purchasers or
prospective purchasers and the tendency
to injuriously affect the business of com-
petitors, 1s an unfair trade practice

Page 225


§ 7012

§ 7012 Consignment selling

The shipment of goods on consign-
ment with the intent and with the effect
of mjuring a competitor and where the
effect may be to substantially lessen com-
petition or tend to create a monopoly or
to unreasonably restrain trade 1s an
unfair trade practice

Group II

§ 70101 Repudiation of contracts

Contracts either written or oral, are
business obligations which should be per-
formed 1n letter and spirit The repudi-
ation of contracts by sellers on a rising
market or by buyers on a declining mar-
ket 1s equally reprehensible and 1s con-
deinned by the industry

§ 70102 Publication of price lists

The industry approves the practices of
each individual member of the industry
independently publishing and circulating
to the purchasing trade its own price lst

§ 70103 Publication of terms of sale

The industry approves the practice of
making the terms of sale a part of all
published price schedules

§ 70 104 Arbitranon

The industry approves the practice of
handling disputes in a fair and reason-
able manner coupled with the spirit of
moderation and good wil] and every ef-
fort should be made by the disputants
themselves to arrive at an agreement
If unable to do so they should agree if
possible upon arbitration under some
one of the prevailing codes

§ 70105 False mvoiemg

(a) The industry approves the prac-
tice of invoicing all goods sold by show-
ing quantity size stock number of col-
ors total amount of order amounts pre-
viously shipped if any thereon amount
applying on present shipment and bal-
ance due on original order if any

(b) Withholding from or inserting in
the invoice or contract statements which
make the invoice or contract a false rec-
ord wholly or in part of the transaction
represented on the face thereof, 1s con-
demned by the industry

§ 70106 Hirmg of compettors’
ployees
The industry approves the practice
that no manufacturer shall employ or
attempt to employ any person while such

em-

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Title 16—Commercial Practices

a@ person 1s under contract with a com-
petitor
§ 70107 Definition

The expression or term “the industry”
as used in this code refers to the busi-
ness of printing 1n colors on transparent

and translucent papers or materials to
be used for wrapping or other purposes

PART 72—KNITTED OUTERWEAR

INDUSTRY
Group I
Sec
T2 1 False marketing or branding
122 Misrepresentation in general
24 Sales below cost
725 Consignment selling
Group IT
72101 Unauthorized use of designs etc
72102 Publication of price lists and terms
of sale
72103 Individual price policy
72104 Arbitration
72105 Conformance with approved
practices

COMMITTEE ON TRADE PRACTICES
72201 Industry committee

AUTHORITY §§ 72 1 and 72 201 issued under
sec 6(g) 38 Stat 722 15 USC 46(g)
Interpret of apply sec 5 88 Stat 719 as
amended 15USC 45

Source §§ 72 1 to 72 201 contained in trade

practice rules Knitted Outerwear Industry
FTC Jan 28 1932 except as otherwise noted

Group I
§ 721 False marking or branding

The false marking or branding of
products of the industry, with the effect
of misleading or decelving purchasers 1n
respect to the quantity, quality, grade or
substance of the goods purchased, 1S an
unfair trade practice

§ 722 Musrepresentation in general

The making or causing or permitting
to be made or pubhshed any false un-
true or deceptive statement by way of
advertisement or otherwise, concerning
the giade, quahty, quantity substance,
character nature, origin size or prepa-
ration of any product of the industry,
and having the tendency and capacity to
mislead or decelve purchasers or pro-
spective purchasers 1s an unfair trade
practice

§ 724 Sales below cost

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