Ice Cream Industry, District Of Columbia And Vicinity
16 CFR Part 89 · Trade practice rules · in the Code of Federal Regulations 1938-1973 (11 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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: 1938 CFR
Text (1973 edition, OCR)
Chapter I—Federal only to disclose the fact of his find, but actually converts the said saw frames, blades, meat-chopper plates, and knives to his own use. This practice is strongly condemned by the industry. § 88.103 Arbitration. The industry approves the practice of handling business disputes between members of the industry and their cus- tomers in a fair and reasonable manner, coupled with a spirit of moderation and good will, and every effort should be made by the disputants themselves to compose their differences. If unable to do so they should, if possible, submit these disputes to arbitration. § 88.104 Maintenance of accurate cost accounting system. It is the judgment of the industry that each member should install an accurate and proper method of determining his cost. § 88.105 Dissemination of credit in- formation. The industry records its approval of distributing to its members information covering delinquent and slow accounts insofar as this may be lawfully done. COMMITTEE ON TRADE PRACTICES § 88.201 Industry committee. The provisions of § 16.1 of this sub- chapter shall be applicable to an indus- try committee established under this part. [21 FR. 1174, Feb. 21, 1956] PART 89-—-ICE CREAM INDUSTRY, DISTRICT OF COLUMBIA AND VICINITY Group I Sec. 89.2 Products not conforming to legal re- quirements. 89.3 False marking or labeling. 89.4 Defamation of competitors. 89.5 Enticing employees. 89.6 Sales below cost. 89.7 Substitution. 89.8 Misrepresentation in general, 89.9 Commerical bribery. 89.11 Espionage. 89.12 Coercing purchases. Group II 89.101 Basis of competition. 89.102 Gratuities to purchasers. 89.103 Publication of price lists and terms of sale. 89.104 Cost accounting. Trade Commission § 89.6 Sec. 89.105 Dummy companies and corporations, 89.106 Arbitration. CoMMITTEE ON TRADE PRACTICES 89.201 Industry committee. AvtTHoriITY: The provisions of this Part 89 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 89 contained in trade practice rules, Ice Cream Industry, District of Columbia, and Vicinity, FTC, Mar, 20, 1933, unless otherwise noted. Group I § 89.2 Products not conforming to legal requirements. The sale or offering for sale of any product as ice cream which does not con- form to the requirements of the act of Congress approved Februry 27, 1925 (43 Stat. 1004), is an unfair trade practice. § 89.3. False marking or labeling. The false marking or labeling of ice- cream products or the aiding or abetting in the false marking or labeling of ice- cream products, or the misrepresentation of the character or manufacture of ice- cream products, or the sale or offering for sale of ice cream products in any manner calculated to mislead or deceive purchasers with respect to the kind, character, quantity, quality, grade, or origin of the products is an unfair trade practice. § 89.4. 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 dispar-~ agement of the grade or quality of their goods, with the tendency and capacity to mislead or deceive purchasers or pro~- spective purchasers, is an unfair trade practice. § 89.5 Enticing employees. Willfully enticing away the employees of competitors with the purpose and effect of unduly hampering, injuring, or embarrassing competitors in their busi- esses, is an unfair trade practice. § 89.6 Sales below cost. The selling of gocds 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~ 491 § 89.7 sonably restrain trade, is an unfair trade practice. § 89.7 Substitution. The practice of shipping or delivering products which do not conform to the samples submitted or representations made prior to securing the orders, with- out the consent of the purchasers to such substitutions, and with the effect of de- ceiving or misleading purchasers, is an unfair trade practice. § 89.8 Misrepresentation in general. The making or causing or permitting to be made or pubiished 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 is an unfair trade practice. § 89.9 Commercial bribery. Commerciai bribery is immoral, against the pubiic interest, and is an unfair method of competition. § 89.11 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 cr stifle the competition of such competition is an unfair trade practice. § 89.12 Coercing purchases. The practice of coercing the purchase of several or a group of products as a condition to the purchase of one or more products under the exclusive control of the seller, where the effect may be to sub- stantially lessen competition or tend to create a monopoly or to unreasonabiy re-~ strain trade, is an unfair trade practice. Group II § 89.101 Basis of competition. For a manufacturer to sell ice cream on any other basis than that of competition in price, quality, and service is con- demned by the industry. § 89.102 Gratuities to purchasers. The giving of gratuities to purchasers solely for the purpose of securing their patronage promotes illegitimate sales- Title 16—Commercial Practices manship, frequently leads to bribery, and is condemned by the industry. § 89.103 Publication of price lists and terms of sale. (a) The industry approves the prac- tice of each individual member of the in- dustry independentiy publishing and circuiating to the purchasing trade its own price lists. (b) The industry approves the prac-~- ice of making the terms of sale a part of ali published price schedules. § 89.104 Cost acconnting. It is the judgment of the industry that each member should install a proper and accurate method for determinmg his cost. § 89.105 Dummy eompanies and cor- porations. For any number of small units to organize a dummy corporation with- out capitai stock or without taking other necessary steps to form a real corpora- tion, and with no other purpose than to deceive manufacturers or producers of ice cream as to their ability to purchase in large quantities, and by shopping around among different manufacturers securing a profitiess price from the man- ufacturer or manufacturers, and there- after distributing the products so pur- chased among the various smali units m- volved, is injurious to the industry and to the public, disrupting the cordial and longtime business relations of the man- ufacturers with their customers, and having withai a tendency to cheapen the quality of ice cream and other milk prod- ucts and is condemned by the industry. § 89.106 Arbitration. The mdustry approves the practice of handling disputes in a fair and reason- able manner, coupled with a spirit of moderation and good will, 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 pos- sibie, upon arbitration under some one of the prevailing codes. COMMITTEE ON TRADE PRACTICES § 89.201 Industry committee. The provisions of § 16.1 of this sub- chapter shali be applicable to an industry committee established under this part. [21 F.R. 1174, Feb. 21, 1956] 492