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Deception as to transistor count of radio receiving sets, including transceivers.
Failure to disclose the lethal effects of inhaling quick-freeze aerosol spray
products used for frosting cocktail glasses.

Deceptive advertising and labeling as to length of extension ladders.
Games of chance in the food retailing and gasoline industries.

Failure to post minimum research octane ratings on gasoline dispensing
pumps constitutes an unfair trade practice and an unfair method of
competition.

Care labeling of textile wearing apparel.

Retail and store advertising and marketing practices.

Cooling-off period for door-to-door sales.

SUBCHAPTER E-RULES,

500

501

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POLICY OR INTERPRETATION AND EXEMPTIONS UNDER THE FAIR PACKAGING AND LABELING ACT

Regulations under section 4 of the Fair Packaging and Labeling Act. Exemptions from requirements and prohibitions unnder Part 500. Regulations under section 5(c) of the Fair Packaging and Labeling Act. 503 Statements of General Policy or Interpretation.

502

600

Statements of general policy or interpretations.

CROSS REFERENCES: Agricultural Research Service, Department of Agriculture: 7 CFR Chapter III; 9 CFR Chapter I.

Commodity Exchange Authority, Department of Agriculture: 17 CFR Chapter I.

Food and Drug Administration, Department of Health, Education, and Welfare: 21 CFR Chapter I.

Securities and Exchange Commission: 17 CFR Chapter II.

SUPPLEMENTAL PUBLICATIONS: Federal Trade Commission decisions, Volumes 1-52. Index digest of volumes, 1, 2, and 3 of decisions of the Federal Trade Commission with annotation of Federal cases. Mar. 16, 1915-June 30, 1921. Statutes and decisions pertaining to the Federal Trade Commission. 1914-1929, 1930-1938, 1939–1943, 1944-1948, 1949–1955.

SUBCHAPTER B-GUIDES AND TRADE PRACTICE RULES (Cont'd)

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It is an unfair trade practice to make or publish, or cause to be made or published, directly or indirectly, any false, misleading, or deceptive statement or representation, whether in the form of advertisement, testimonial, endorsement, depiction, illustration, or other form of representation, however disseminated or published, concerning the grade, quality, material, size, contents, use, value, price, origin, preparation, manufacture, or date of publication or copyright of any book, or the current or up-to-date character thereof, or concerning the grade, quality, material, substance, size, manufacture, or value of the binding thereof or the lettering thereon, or concerning any service offered in connection therewith, or in any other material respect.

§ 150.2 Misrepresentation of books as being free.

In the sale or offering for sale of books, it is an unfair trade practice to represent, through advertising or otherwise, that such books are given free and that payments required in connection there

with are for supplements thereto or for extension, revision, continuation, yearbook, or other similar services, or for services to be rendered by a research or other bureau, when such is not the fact; or that a certain number of books have been reserved to be given away free of cost to selected persons as a means of advertising, or that a certain number of persons in a community have been designated to receive a book or books or any form of service free of cost, when such is not the fact.

§ 150.3 Use of deceptive name or title. In the sale or offering for sale of books, It is an unfair trade practice:

(a) To pass off one book for another by use of the same or a deceptively similar name or title; or

(b) To use a name or title different from that under which such book or substantially the same text or content material is being or has previously been published and offered for sale in any form, with the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers by reason of the use of such name or title or by reason of the failure to make proper disclosure of such other name or title; or

(c) To represent, in advertising or otherwise, by the use of an edition title such as "Teachers' Edition," "Doctors' Edition," "Lawyers' Edition," or "School Edition," or by other means, that the contents of a book or edition have been especially adapted for the use of a certain profession or class of persons, when such is not the fact; or

(d) To use any name or title which has the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers with respect to the purpose, use, contents, or scope of such book, or in any other material respect.

§ 150.4 Deceptive use of names, initials, or signature in connection with articles brought forward from earlier edition.

In respect to articles or textual material brought forward from a former edition, it is an unfair trade practice:

(a) To use in connection therewith any name, initials, or signature in such a manner as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into the belief:

(1) That the name, initials, or signature so used is that of the actual author

Part

414

417

418

419

422

423

424 429

Deception as to transistor count of radio receiving sets, including transceivers.
Failure to disclose the lethal effects of inhaling quick-freeze aerosol spray
products used for frosting cocktail glasses.

Deceptive advertising and labeling as to length of extension ladders.
Games of chance in the food retailing and gasoline industries.

Failure to post minimum research octane ratings on gasoline dispensing
pumps constitutes an unfair trade practice and an unfair method of
competition.

Care labeling of textile wearing apparel.

Retail and store advertising and marketing practices.

Cooling-off period for door-to-door sales.

SUBCHAPTER E-RULES,

REGULATIONS,

STATEMENT OF

GENERAL

POLICY OR INTERPRETATION AND EXEMPTIONS UNDER THE FAIR PACKAGING AND LABELING ACT

500 Regulations under section 4 of the Fair Packaging and Labeling Act. 501 Exemptions from requirements and prohibitions unnder Part 500.

502 Regulations under section 5(c) of the Fair Packaging and Labeling Act. Statements of General Policy or Interpretation.

503

600

Statements of general policy or interpretations.

CROSS REFERENCES: Agricultural Research Service, Department of Agriculture: 7 CFR Chapter III; 9 CFR Chapter I.

Commodity Exchange Authority, Department of Agriculture: 17 CFR Chapter I.

Food and Drug Administration, Department of Health, Education, and Welfare: 21 CFR Chapter I.

Securities and Exchange Commission: 17 CFR Chapter II.

SUPPLEMENTAL PUBLICATIONS: Federal Trade Commission decisions, Volumes 1-52. Index digest of volumes, 1, 2, and 3 of decisions of the Federal Trade Commission with annotation of Federal cases. Mar. 16, 1915-June 30, 1921. Statutes and decisions pertaining to the Federal Trade Commission. 1914-1929, 1930-1938, 1939-1943, 1944-1948, 1949-1955.

SUBCHAPTER B-GUIDES AND TRADE PRACTICE RULES (Cont'd)

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It is an unfair trade practice to make or publish, or cause to be made or published, directly or indirectly, any false, misleading, or deceptive statement or representation, whether in the form of advertisement, testimonial, endorsement, depiction, illustration, or other form of representation, however disseminated or published, concerning the grade, quality, material, size, contents, use, value, price, origin, preparation, manufacture, or date of publication or copyright of any book, or the current or up-to-date character thereof, or concerning the grade, quality, material, substance, size, manufacture, or value of the binding thereof or the lettering thereon, or concerning any service offered in connection therewith, or in any other material respect.

§ 150.2 Misrepresentation of books as being free.

In the sale or offering for sale of books, it is an unfair trade practice to represent, through advertising or otherwise, that such books are given free and that payments required in connection there

with are for supplements thereto or for extension, revision, continuation, yearbook, or other similar services, or for services to be rendered by a research or other bureau, when such is not the fact; or that a certain number of books have been reserved to be given away free of cost to selected persons as a means of advertising, or that a certain number of persons in a community have been designated to receive a book or books or any form of service free of cost, when such is not the fact.

§ 150.3 Use of deceptive name or title. In the sale or offering for sale of books, It is an unfair trade practice:

(a) To pass off one book for another by use of the same or a deceptively similar name or title; or

(b) To use a name or title different from that under which such book or substantially the same text or content material is being or has previously been published and offered for sale in any form, with the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers by reason of the use of such name or title or by reason of the failure to make proper disclosure of such other name or title; or

(c) To represent, in advertising or otherwise, by the use of an edition title such as "Teachers' Edition," "Doctors' Edition," "Lawyers' Edition," or "School Edition," or by other means, that the contents of a book or edition have been especially adapted for the use of a certain profession or class of persons, when such is not the fact; or

(d) To use any name or title which has the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers with respect to the purpose, use, contents, or scope of such book, or in any other material respect.

§ 150.4 Deceptive use of names, initials, or signature in connection with ar ticles brought forward from earlier edition.

In respect to articles or textual material brought forward from a former edition, it is an unfair trade practice:

(a) To use in connection therewith any name, initials, or signature in such a manner as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into the belier:

(1) That the name, initials, or signature so used is that of the actual author

of the article or textual material, when such is not the fact; or

(2) That the article or material is new, when such is not true in fact; or

(3) That the article or material has been revised, when no substantial revision has been made; or

(4) That the article or material or any substantial part thereof has not previously been published or used in any former editions, or otherwise, when such is not true in fact; or

(b) To mislead or deceive in any other respect.

§ 150.5 Deceptive use of copyright renewal date.

It is an unfair trade practice to set forth the date of any copyright renewal in such manner, whether by omission of other copyright dates or otherwise, as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into the belief that such renewal date is the date of original copyright or publication, or of otherwise misleading or deceiving purchasers or prospective purchasers with respect thereto.

NOTE: When other applicable copyright dates are properly set out and no deception, direct or indirect, is involved in the omission of a copyright date prior to 1909, such copyright date prior to 1909 need not be shown under this section.

§ 150.6 Misrepresentation as to editor, contributing editor, etc.

It is an unfair trade practice to represent, by means of any listing, advertisement, or in any other manner, that any person is a contributor to, or contributing or other editor of, a book, when such is not true in fact, or to make any false, misleading, or deceptive representation with respect to any person who is, or is represented as being, a contributor to, or contributing or other editor of, a book. § 150.7 Deceptive testimonials.

(a) It is an unfair trade practice for any member of the industry to use any testimonial or purported testimonial, or representation with respect thereto, which is false, misleading, or deceptive; or to cause any testimonial or part thereof to be used in such manner as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into the belief:

(1) That the testimonial was given without solicitation or payment therefor, when such is not the fact; or

(2) That the testimonial was given by a school, library, or other institution, when in fact such testimonial was given by an individual connected therewith but acting in a personal capacity and not officially on behalf of such school, library, or other institution; or

(3) That the testimonial is a bona fide and genuine testimonial given by a person whose name is used in connection therewith, when the testimonial was not given by such person, or when the testimonial was not given with respect to the particular book or books to which it purports to relate, or when the testimonial is otherwise inapplicable or misleading or deceptive.

(b) In order to avoid deception in the use of bona fide and genuine testimonials, the complete testimonial should be given wherever practicable, and words, phrases, sentences, or other parts of such testimonial, shall not be separated from their context, or rearranged or otherwise used in such manner as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers in any respect.

§ 150.8 Disclosure of nature and scope of services offered.

To the end that purchasers and prospective purchasers may not be misled or deceived with respect to any research, revision, extension, continuation, yearbook, or other type of service offered by a member of the industry, full and nondeceptive disclosure of the nature and scope of the particular service offered should be made in all contracts and order forms, sales literature, advertising, and other representations having reference to such service; and it is an unfair trade practice to conceal such information or to fail or refuse to make said disclosure thereof, such concealment or nondisclosure having the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers.

§ 150.9 Misrepresentation as to research service.

Where a research service or a service for the answering of questions is offered, it is an unfair trade practice (a) to represent, in advertising or otherwise, that the service offered is performed by an organization which is in fact nonexistent, or that such organization or any organization is independent of the industry member offering the service, when such is not the fact, or to use the names

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