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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, Page 233 § 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 Page 234 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 Page 235