motion, the supplier should identify those areas in which the offer is not available if the advertising is likely to be seen in such areas, and should clearly state that it is available only through participating resellers, indicating the extent of participation by the use of such terms as "some", "all", "a majority”, or "a few", as the case may be.

(f) Introductory offers. (1) No "Free" offer should be made in connection with the introduction of a new product or service offered for sale at a specified price unless the offeror expects, in good faith, to discontinue the offer after a limited time and to commence selling the product or service promoted, separately, at the same price at which is was promoted with a "Free" offer.

(2) In such offers, no representation may be made that the price is for one item and that the other is "Free" unless the offeror expects, in good faith, to discontinue the offer after a limited time and to commence selling the product or service promoted, separately, at the same price at which is was promoted with a "Free" offer.

(g) Negotiated sales. If a product or service usually is sold at a price arrived at through bargaining, rather than at a regular price, it is improper to represent that another product or service is being offered "Free" with the sale. The same representation is also improper where there may be a regular price, but where other material factors such as quantity, quality, or size are arrived at through bargaining.

(h) Frequency of offers. So that a "Free" offer will be special and meaningful, a single size of a product or a single kind of service should not be advertised with a "Free" offer in a trade area for more than 6 months in any 12-month period. At least 30 days should elapse before another such offer is promoted in the same trade area. No more than three such offers should be made in the same area in any 12-month period. In such period, the offeror's sale in that area of the product in the size promoted with a "Free" offer should not exceed 50 percent of the total volume of his sales of the product, in the same size, in the area.

(i) Similar terms. Offers of "Free" merchandise or services which may be deceptive for failure to meet the provisions of this section may not be corrected by the substitution of such similar words and terms as "gift", "given without charge", "bonus", or other words

(a) "Industry Member" means any person, firm, corporation, or organization engaged in the manufacture, sale, or distribution of any industry product as defined below.

(b) "Industry Product" means any kind or type of lady's wig, wiglet, fall, chignon, or other hairpiece and any kind or type of man's toupee or other hairpiece.

(c) "Hair Composition" means the type of hair fiber contained in an industry product. Hair composition may consist of, or be a combination of, three basic types of fiber, namely, human hair, animal hair, and artificial hair. § 252.1

Misrepresentation (general).

An industry product should not be labeled, advertised, or otherwise represented in any manner which may have the capacity and tendency or effect of misleading or deceiving purchasers or

prospective purchasers concerning the composition, quality, durability, construction, weight, length, size, fit, color, set, ability to accept a set or be reset, style, ease of styling, maintenance, service, guarantee, origin, price, or any other feaure of such product.' [Guide 1]

§ 252.2 Disclosure of hair composition.

Disclosure of hair composition of an industry product should be made by label attached to the product and in all advertising relating to such product. If the hair composition consists of more than one of the basic types of fiber, e.g., human hair and artificial hair, then the percentage of each contained therein should be set forth on the label attached to the product and in all advertising relating to the product.

NOTE 1: A disclosure made in accordance with this section should be clear and conspicuous, and labels bearing such disclosure should be attached to the product with sufficient permanency so as to remain thereon until sale to the ultimate purchaser.

NOTE 2: The percentage of each type of hair fiber contained in an industry product may be based on (1) the ratio of the weight of each type of hair fiber to the total weight of hair fiber in the product or (2) the ratio of the number of hair fibers of each type to the total number of hair fibers in the product. Under the latter method, a representative sample of the hair fibers contained in a product may be used to determine the percentage of each type of hair fiber.

NOTE 3: Disclosure of artificial hair may be made with such terms as "simulated hair", "man-made hair", "imitation hair", or with terms of similar import, or with the generic name of the material itself, or with such other term or name as will clearly disclose the artificial nature of the hair.

origin or foreign area of origin should be disclosed. An example of acceptable labeling, assuming the product is made entirely of human hair from "X" country, would be "Human Hair from 'X' country", or, assuming "X" country is European, "Human Hair from Europe".

NOTE 1: A disclosure of the foreign area of origin of the human hair in an industry product may be made with such terms as "European", "Asian", "Oriental", or with such other term or name as will clearly disclose the foreign area of origin.

NOTE 2: If the hair composition of an industry product consists of hair from more than one foreign country or area, then the percentages from each country or area contained therein should be set forth on the label attached to the product. For guidance with respect to the statement of percentages, see Note 2 under § 252.2.

NOTE 3. A disclosure made in accordance with this section should be clear and conspicuous, and labels bearing such disclosure should be attached to the product with sufficient permanency so as to remain thereon until sale to the ultimate purchaser.

(b) Mail order advertising. The disclosure of foreign country of origin or foreign area of origin of the hair in an industry product, indicated in the labeling provisions (a) of this section, should also be made in all mail order advertising.

(c) Other advertising. A disclosure of foreign country of origin or foreign area of origin of the hair in an industry product need not be made in other advertising unless in the absence of disclosure a purchaser or prospective purchaser may likely be deceived. If such advertising contains any representation, whether affirmative or implied, concerning origin of the product, or any part thereof, then the disclosure indicated in the labeling provision (a) of this section should be made. The following examples are set forth as guidance to advertisers.

Example 1. An industry product made in "X" country of hair from "Y" country should not be advertised as an "X" country wig, or with terms of similar import, unless accompanied by clear and conspicuous disclosure of the foreign country or area of origin of the hair, in accordance with the labeling provision (a) of this section.

Example 2. An industry product made in Europe of non-European hair should not be advertised as "European manufactured", "European processed", "European wig", or with terms of similar import, unless accompanied by clear and conspicuous disclosure of the foreign country or area of origin of the hair, in accordance with the labeling provision (a) of this section.

Example 3. Regardless of country of manufacture, an industry product made of nonEuropean hair should not be advertised with such terms as "European Texture", or with terms of similar import which suggest that the product contains European hair.

Example 4. An industry product manufactured in the United States of imported hair ("X" country) should not be advertised as an "American Wig" or with terms of similar import, unless accompanied by clear and conspicuous disclosure of the foreign country or area of origin of the hair, in accordance with the labeling provision (a) of this section.

[Guide 3]

§ 252.4 Flammability.

An industry product, which is so highly flammable as to be dangerous when worn by individuals, should not be manufactured for sale, offered for sale, sold, or distributed in the United States, or imported into the United States.

NOTE 1: The Commission considers industry products to be subject to the requirements of the Flammable Fabrics Act (15 U.S.C. section 1191, as amended). The flammability standard for industry products is Commercial Standard 191-53 or other subsequently promulgated standard of flammability pertaining to such products which may be established by the Secretary of Commerce pursuant to section 4 of the Act. Copies of the Act and/or the Commercial Standard are available upon request.

NOTE 2: The prohibitions of the Flammable Fabrics Act apply to industry products which fail the flammability standard either before or after washing and/or drycleaning.

[Guide 4]

§ 252.5 Use of terms such as "hair", "natural hair", "real hair", etc., and trade names.

The unqualified term "hair", and the terms "natural hair", "true hair", "genuine hair", "real hair", and terms of similar import, as well as trade names which have the capacity of misleading a purchaser or prospective purchaser into believing that an industry product is made of human hair, should not be used to describe an industry product containing either animal hair or artificial hair. [Guide 5]

§ 252.6 Disclosure relating to used industry products or parts thereof.

(a) An industry product which has been previously used by a consumer on a trial basis or otherwise, and then returned, should not be offered for sale or resale without clear and conspicuous dis

closure of such fact by label attached thereto and in all advertising relating to such product. The label disclosing prior use should be attached to the product with sufficient permanency so as to remain thereon until sale to the ultimate purchaser.

NOTE: Sellers should maintain adequate inventory control records that reflect the disposition of returned merchandise. Maintenance of inventory control records should enable sellers to demonstrate that returned merchandise was not placed in inventory and sold or resold without disclosing the fact of its prior use.

(b) An industry product which contains hair or other components subjected to prior use in another industry product should not be advertised or otherwise offered for sale without clear and conspicuous disclosure of such fact. Disclosure should be made in accordance with provision (a) of this section. [Guide 61

(a) Industry products. For the purposes of this part the term "industry products" means and includes all pillows, cushions, comforters, sleeping bags, wearing apparel, and similar products, which are wholly or partially filled with feathers or down, and all bulk stocks of processed feathers or down intended for use or used in the manufacture of such products.

(b) Industry members. All persons, firms, corporations, and organizations engaged in the processing, manufacture, distribution, or marketing of any industry product are considered to be industry members.

(c) Filling material. Means the contents of an industry product including feathers and down of any kind or type.

(d) Down. Means the undercoating of waterfowl, consisting of clusters of light,

fluffy filaments, i.e., barbs, growing from the quill point but without any quill shafts.

(e) Plumules. Means downy waterfowl plumage with underdeveloped soft and flaccid quill with barbs indistinguishable from those of down.

(f) Down fiber. Means the detached barbs from down and plumules and the detached barbs from the basal end of waterfowl quill shaft which are indistinguishable from the barbs of down.

(g) Feathers. Means the plumage or out-growth forming the contour and external covering of fowl which are whole in structure and which have not been processed in any manner other than by washing, dusting, chemical treatment, and sanitizing.

(h) Waterfowl feathers. Means feathers derived from ducks and geese.

(i) Nonwaterfowl feathers or landfowl feathers. Means feathers derived from chickens, turkeys, and other landfowl.

(j) Quill feathers. Means feathers which are over 4 inches in length or which have a quill point exceeding sixsixteenths of an inch in length.

(k) Feather fiber. Means the detached barbs of feathers which are not joined or attached to each other.

(1) Crushed feathers. Means feathers which have been processed by a curling, crushing, or chopping machine which has changed the original form of the feathers without removing the quill. The term also includes the fiber resulting from such processing.

(m) Damaged feathers. Means feathers which have been broken, damaged by insects, or otherwise materially injured.

(n) Residue. Means quill pith, quill fragments, trash or foreign matter (Guide 1).

§ 253.2 Misrepresentation in general.

(a) An industry product should not be labeled, advertised, or otherwise represented in any manner which may have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers concerning its filling material, covering, composition, quality, processing, testing, manufacture, durability, size, weight, maintenance, cleanliness, construction, warmth, moisture resistance, color, guarantee, origin, price, or any other feature of such product.

(b) Coverings of industry products should be labeled in accordance with the requirements of the Textile Fiber Prod

ucts Identification Act and the Wool Products Labeling Act (Guide 2).

§ 253.3

Use of trade names, symbols, depictions, etc.

A trade name, symbol, depiction, or any other kind of representation, should not be used in labeling, in advertising, or in any other kind of promotion relating to an industry product, when such representation has the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into believing that the product is composed:

(a) In whole or in part of feathers and down, or feathers, or down, when such is not the fact; or

(b) In whole or in part of feathers or down from a particular type of fowl when such is not the fact; or

(c) That the product has been given chemical treatment to improve its physical or chemical properties when such is not the fact (Guide 3).

§ 253.4 Misuse of the term "Tan-OQuil-QM".

(a) The term "Tan-O-Quil-QM” or any words or phrases suggestive thereof should not be used in any labeling or advertising respecting an industry product in any manner which may have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into believing that the product or any of its filling material has been treated by the Tan-O-Quil-QM process unless in fact all of the filling material in that product has been treated by the Tan-O-Quil-QM process developed by the Clothing and Organic Materials Laboratory, U.S. Army Natick Laboratories, Natick, Mass., in accordance with applicable U.S. Government specifications (this process is described in Technical Report 69-37-CM, "TanO-Quil-QM Treatment for Feathers and Down," dated August 1968).

(b) When the Tan-O-Quil-QM treatment has been applied to all of the filling materials contained in an industry product, the term "Tan-O-Quil-QM” may be used on the label, and the label should include a statement that the product has been so treated in accordance with the applicable U.S. Government specification showing the number thereof (Guide 4).

the

(b) Advertising. Disclosure of kind or type of filling material contained in an industry product need not be made in advertising unless in the absence of disclosure a purchaser or prospective purchaser may likely be deceived. Thus, if advertising contains any representation, whether affirmative or implied, concerning the nature of the filling material, then disclosure should be made in accordance with paragraph (a) of this section.

(c) Bulk stocks. Invoices pertaining to bulk stocks of processed feathers and down should disclose the kind or type of feathers and down contained therein, and if more than one kind or type is contained in the bulk stock then the proportion of each should be disclosed in the order of predominance, the largest proportion first.

(d) Manner and form of disclosures. The disclosures described in paragraphs (a), (b), and (c) of this section should be made in accordance with the following instructions.

(1) Disclosures with respect to the kind or type of feathers and down by use of any of the terms listed and defined above will be considered proper provided such products conform to the definitions set forth for such term, except that if the term "nonwaterfowl" or "landfowl" is used, it should be accompanied by the name of the fowl from which the products were obtained, e.g., "chicken" or "turkey."

(2) Disclosures made in accordance with this part should be clear and conspicuous, and labels bearing such disclosures should be attached to the product with sufficient permanency so as to remain thereon until after sale to the ultimate purchaser.

(3) The proportion or percentage of a particular kind or type of feathers or down in an industry product should be determined by the relationship between