Consumer Law Library

Dry Cleaning And Dyeing Service, District Of Columbia And Vicinity

16 CFR Part 91 · Trade practice rules · in the Code of Federal Regulations 1938-1949 (3 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1949 CFR · Earliest edition: 1938 CFR

Text (1949 edition, OCR)

Chapter I—Federal Trade Commission

good will, and every effort should be made
by the disputants themselves to arrive at
an agreement. If unable to do so they
should agree, if possible, upon arbitra-
tion under some one of the prevaiiing
codes,

Part 90—Mopstick Industry

GROUP I
Sec.
90.2
90.3

Deceptive selling methods.

Imitation of trade-marks, trade names,
etc.

Defamation of competitors.

Sales below cost.

Inducing breach of contract.

Fictitious prices.

90.4
90.5
90.6
90.8

GROUP II

90.101 Publication of price lists and terms
of sale.
90.102 Substandard merchandise.
AUTHORITY: §§ 90.2 to 90.102 issued under
sec. 6 (g), 38 Stat. 722; 15 U. S. C. 46 (g).
Interpret or apply sec. 5, 38 Stat. 719, as
amended; 15 U.S. C. 45.
Source: §§ 90.2 to 90.102 contained in trade
practice rules, Mopstick Industry, PTC, Mar.
20, 1933. 9

GROUP I

§ 90.2 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 customers or pros-
pective customers as to the quantity,
quality, substance, or size of such prod-
uct is an unfair trade practice.

§90.3 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 deceive purchasers or pros-
pective purchasers, is an unfair trade
practice.

§ 90.4 Defamation of competitors.
The defamation of competitors by falsely
imputing to them dishonorable conduct,
inability to perform contracts, question-
able credit standing, or by other false
representations, or the false disparage-
ment of the grade or quality of their
goods, with the tendency and capacity
to mislead or deceive purchasers or pros-
pective purchasers, is an unfair trade
practice.

§90.5 Sales below cost. The sale or
consignment of goods below cost for the
purpose and with the effect of injuring
a competitor where the effect may be to

§ 90.102

substantially lessen competition or tend
to create a monopoly or to unreasonably
restrain trade, is an unfair trade
practice.

§90.6 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 a un-
fair trade practice.-

§90.8 Fictitious prices. Offering for
sale merchandise at a price reduced
from a marked-up or fictitious price with
the tendency and capacity to mislead or
deceive purchasers or prospective pur-
chasers is an unfair trade practice.

GROUP II

§ 90.101 Publication of price lists and
terms of sale. (a) The industry ap-
proves the practice of each individual
member of the industry independently
publishing and circulating to the pur-
chasing trade its own price iists.

(b) The industry approves the prac-
tice of making the terms of sale a part of
all pubiished price schedules.

§ 90.102 Substandard merchandise.
To sell mopsticks which do not measure
up to the minimum established stand-
ards of the industry causes confusion and
waste, and if any such mop sticks are
sold or offered for sale the buyer should
be fully informed of the fact. A failure
to so inform the buyer is condemned by
the industry.

Part 91—Dry Cleaning and Dye-
ing Service, District of Colum-
bia and Vicinity

GROUP I
Sec.
91.1
91.2
91.4
91.5
91.6

Misuse of term “special.”

Sales below cost.

Defamation of competitors,

Enticing employees.

Aiding or abetting use of unfair trade
practices.

GROUP II

91.101
91.102
91.103
91.104

Minimum standards,

Misleading offers.

Additional charges.

Use of superlatives in advertising,

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§ 914

Sec.

91.105 Attempted evasion of responsibility.

91.106 Ampie insurance coverage.

91.107 Housing of employees within plants
condemned.

AUTHORITY: §§ 91.1 to 91.107 issued under
sec. 6 (g), 38 Stat. 722; 15 U. S. C. 46 (g).
Interpret or apply sec. 5, 38 Stat. 719, as
amended; 15 U. S. C. 45.

Source: §§ 91.1 to 91.107 contained in trade
practice rules, Dry Cleaning and Dyeing In-
dustry, District of Columbia and vicinity,
FTC, Mar. 24, 1933.

GROUP f

§91.1 Misuse of term “special.” To
represent certain prices and terms as
“special” when they are in fact regular
prices and regular terms, with the tend-
ency and capacity to mislead and de-
ceive purchasers, is an unfair trade prac-
tice.

§91.2 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 substan-
tially lessen competition or tend to create
a monopoly or to unreasonably restrain
trade, is an unfair trade practice.

§91.4 Defamation of competitors.
The defamation of competitors by falsely
imputing to them dishonorable conduct,
inability to perform contracts, question-
able credit standing, or by other false
representations, or the false disparage-
ment 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.

§91.5 Enticing employees. Mali-
ciously enticing away the employees of
competitors with the purpose and effect
of unduly hampering, injuring, or em-
barrassing competitors in their busi-
nesses, is an unfair trade practice.

§91.6 Aiding or abetting use of un-
fair trade practices. To incite, aid, or
abet, directly of indirectly, singly or to-
gether with others, anything unlawful in
connection with any strike, dispute, or
labor trouble between any competitor
and his employees, with the intent to
cause such competitor monetary loss, loss
of business, or other embarrassment, is
an unfair trade practice.

GROUP IT

§91.101 Minimum standards. The
following specifications, or their equiva-
lents, are recommended by the industry

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Title 16—Commercial Practices

as minimum standards for “dry clean-
ing”:

(a) Cleaning: That any article or arti-
cles represented as dry cleaned shall not,
if re~rinsed in water-white solvent (1
gallon to 1 pound of garment weight),
show sufficient soil residue to darken the
dry solvent below 15 Saybolt chronom-
eter;

(b) Finishing: That any article or ar-

ticles represented as finished dry clean-
ing shall be free from solvent or chemi-
cal odors and restored to original hue and
shape; with all spots and/or stains re-
moved, except those chemically deter-
mined as insoluble without injury to the
color or fabric; with the original shape,
dimensions and contour of the article re-
stored as nearly as possible; and with no
damage to fabric finish:
Provided, That damage resulting from
and traceable to the metal weighting of
silk, carbonization, or other defects of
material shall not be considered faulty
or defective dry cleaning.

§ 91.102 Misleading offers. To offer
to dry clean certain articles at a stated
price and then to refuse to clean such
articles except at an additional charge,
alleging therefor that the eradication of
certain “spots” or “stains” on the article
must be charged for additionally, is con-
demned by the industry.

§ 91.103 Additional charges. To ac-
cept work for dry cleaning at a stated
price and upon delivery to collect or at-
tempt to collect an additional charge, al-
leging therefor that the eradication of
certain “spots” or “stains” on the article
was not included in the price first quoted,
is condemned by the industry.

§ 91.104 Use of superlatives in adver-
tising. The use of superlatives in adver-
tising, such as to advertise one’s dry
cleaning as “the best” or “the finest,” is
condemned by the industry.

§91.105 Attempted evasion of respon-
sibility. The attempt to evade proper
responsibility for articles left for clean-
ing, either by verbal statement, or by
the use of any printed form of disclaimer
other than those approved by the courts,
is condemned by the industry.

§91.106 Ample insurance coverage.
The industry recommends that every
cleaning and dyeing plant carry suffi-
cient fire and theft insurance to cover |
loss or damage to garments while in the


Chapter [—Federal Trade Commission

care or custody of the dry-cleaning es-
tablishment. :

§ 91.107 Housing of employees within
plants condemned. To house and/or
board empioyees within a dry-cleaning
plant is injurious to public health and
hygiene and is condemned by the in-
dustry.

Part 92—Woodworking
Machinery Industry

GROUP I
Sec.
92.1
92.2
92.3
92.6
92.7
92.9

Enticing employees.
Misrepresentation in general,
Defamation of competitors.
Commercial bribery.
Inducing breach of contract.
Sales below cost.

GROUP IT

Publication of price lists and terms
of sale.

Activitles of other than bona fide
dealers and salespersons.

92.108 Incomplete price quotations.

92.104 False invoicing.

AUTHORITY: §§ 92.1 to 92.104 issued under
sec. 6 (g), 38 Stat. 722; 15 U. S. C. 46 (g).
Interpret or apply sec. 5, 38 Stat. 719, as
amended; 15 U.S. C. 45.

Source: §§ 92.1 to 92.104 contained in trade
practice rules, Woodworking Machinery In-
dustry, FTC, May 3, 1933.

92.101
92.102

GROUP I

§ 92.1 Enticing employees. Mali-
ciously enticing away the employees of
competitors with the purpose and effect
of unduly hampering, injuring, or em-
barrassing competitors in their busi-
nesses is an unfair trade practice.

§92.2 Misrepresentation in general.
The making or causing or permitting to
be made of 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, is an unfair trade practice.

§92.3 Defamation of competitors.
The defamation of competitors by falsely
imputing to them dishonorable conduct,
inability to perform contracts, question-
able credit standing, or by other false
representations, or the false disparage-
ment of the grade or quality of their
goods, with the tendency and capacity to

§ 92.102

mislead or deceive purchasers or prospec-
tive purchasers, is an unfair trade prac-
tice.

§92.6 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 represent-
atives of customers or prospective cus-
tomers or to agents, employees, or repre-
sentatives 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, is an
unfair trade practice.

§ 92.7 Inducing breach of contract.
Maliciously inducing or attempting to in-
duce the breach of existing contracts be-
tween 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 un-
fair trade practice.

§ 92.9 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 substan-
tially lessen competition or tend to create
a monopoly or to unreasonably restrain
trade is an unfair trade practice.

GROUP II

§ 92.101 Publication of price lists and
terms of sale. (a) The industry ap-
proves the practice of each individual
member of the industry independently
publishing and circulating to the pur-
chasing trade his own price lists.

(b) The industry approves the prac-
tice of making the terms of sale a part
of all published price schedules.

§ 92.102 Activities of other than bona
fide dealers and salespersons. The in-
dustry recognizes as beneficial to the
woodworking machinery Industry the
work of the duly qualified woodworking
machinery dealer or salesman, but con-
demns the practice of other than bona
fide dealers or salesmen acting in that
capacity through misrepresentation and

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