regulations issued thereunder, and shall appear in immediate conjunction with any representation in advertisements, sales promotional literature, or invoices, which relate to fiber content. The following are examples of disclosure of metallic weighting which will be considered as meeting the requirements of this Administrative Interpretation: When the fiber content is wholly silk, and the weighting constitutes 50 percent of the weight of the fiber content in its finished state: "Fiber content 100 percent silk, weighted 50 percent"; or "Fiber content all silk, weighted 50 percent." When the fiber content is of a mixture of 50 percent silk and 50 percent rayon, and the weighting constitutes not more than 25 percent of the silk fiber in its finished state: (e) When similar payments are not accorded to sales persons of competing customers on proportionally equal terms in compliance with section 2 (d) and (e) of the Clayton Act. NOTE: Payments made by an industry member to a sales person of a customer under any agreement or understanding that all or any part of such payments is to be transferred by the sales person to the customer, or is to result in a corresponding decrease in the sales person's salary, are not to be considered within the purview of this Rule but are to be considered as subject to the requirements and provisions of section 2(a) of the Clayton Act. (Secs. 5, 6; 38 Stat. 719, as amended, 721; 15 U.S.C. 45, 46) [27 F.R. 4331, May 5, 1962] PART 15-ADMINISTRATIVE OPINIONS AND RULINGS Sec. 15.1 "Fiber content 50 percent silk (weighted not to exceed 25 percent), and 50 percent rayon." 15.2 15.3 (Sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45) [25 F.R. 2835, Apr. 5, 1960] 15.4 It is an unfair trade practice for any industry member to pay or contract to pay anything of value to a sales person employed by a customer of the industry member, as compensation for, or as an inducement to obtain, special or greater effort or service on the part of the sales person in promoting the resale of products supplied by the industry member to the customer: (a) When the agreement or understanding under which the payment or payments are made or are to be made is without the knowledge and consent of the sales person's employer; or (b) When the terms and conditions of the agreement or understanding are such that any benefit to the sales person or customer is dependent on lottery; or (c) When any provision of the agreement or understanding requires or contemplates practices or a course of conduct unduly and intentionally hampering sales of products of competitors of an industry member; or (d) When, because of the terms and conditions of the understanding or agreement, including its duration, or the attendant circumstances, the effect may be to substantially lessen competition or tend to create a monopoly; or 15.5 15.6 15.7 15.8 15.9 Use of the word "chamois." Toy catalog advertising payments. Three-party promotional assistance plans. Publication of product standards by Manufacturer's setting of a minimum Resumption of advertising by a manu- Foreign origin disclosure. Labeling of containers for imported knives. 15.10 Cooperative advertising allowances. 15.11 Labeling of truss plates manufactured from imported steel. 15.12 Promotional assistance-Publisher payments to a single reseller of the publisher's periodical. 15.13 Discount-buying membership organi zation. Sec. 15.21 "Free" offer of merchandise. 15.22 Impropriety of description "Made in U.S.A." for kit with substantial amount of foreign components. 15.23 Establishment of buying corporation by broker. 15.24 Food store promotional plan. 15.25 Impropriety of description "14 K" for item not entirely gold. 15.26 Paying advertising allowances based upon certain percentage of purchases from the supplier. 15.27 Affirmative misrepresentation of domestic origin. 15.28 Selection of customers by a single trader. 15.29 Affirmative domestic origin representation on products containing imported components. 15.30 Origin disclosure on package for Canadian-made automotive part. Rebate pricing plan. 15.31 15.32 Advertising by manufacturer planning to make both wholesale and direct mail sales. 15.58 15.59 Foreign origin-Toy balloons. Disapproval of private group adver. tising review board. 15.60 Advertising of diamonds as "clear, pure, color". 15.61 Improper use of terms such as "gold filled" or "rolled gold plate". 15.62 Suppliers and grocery chain exhibition, in-store promotion. 15.63 Disclosure of terms and conditions in guarantee advertising. 15.64 Pledge of adherence to FTC trade practice rules as a condition to membership in trade association. 15.65 Broadcast of suppliers' commercials in retail stores conditionally approved. 15.66 Magazine publisher's promotional allowance program approved. 15.67 Functional discount to "premium" book jobbers. 15.68 Clearance given for use of pseudonym for doctor's real name on radio programs. 15.71 Products composed of ground leather may not be described as "leather" without proper qualifications. Franchise agreement. Rejection of description "golden" for nongold thimble. 15.41 Additional discount to mail order seller of paperback books. 15.42 Advertising service disclosing where manufacturers' products are sold. 15.43 Goods of like grade and quality. 15.44 Agreement among retailers for uniform store hours. 15.75 Publisher's display allowance plan given conditional approval. 15.76 Foreign origin disclosure of individual items repackaged in combination. sets. 15.77 Proportionally equal treatment for competing customers under promotional assistance programs. 15.78 Disapproval of merchandising plan involving a lottery. 15.79 Rejection of deceptive firm name for skip-tracing operation. 15.80 By-law prohibiting certain advertising claims by members of trade association. Sec. 15.87 Sale of silverware through plan in volving lottery rejected. 15.88 Three-way promotional plan set up by radio station and financed by participating retailers and their suppliers. 15.89 Proportionalized equal treatment for competing customers under threeway promotional program involving recipes for free distribution. 15.90 Legality of notice calling attention to page on which magazine publisher's promotional assistance program is located. 15.91 Supplying domestic markets from foreign plant operated by an export trade association member raises possibility of unlawful interference with domestic trade and commerce. 15.92 Cooperative advertising program must be made available to all competing customers. 15.93 Newspapers right to reject advertising. 15.94 Promotional assistance plans must be reasonable and nondiscriminatory. 15.95 Foreign origin; computers. 15.96 Product certification program. 15.97 Trade association code governing dealings with customers. 15.98 Removal of foreign origin disclosure and use of word "manufacturing." 15.99 Retailer's advertising of "reward" approved. 15.100 Lifetime guarantees for aluminum siding. 15.101 Recipe promotional plan. 15.102 Disapproval of proposed weight-reducing claims for garments. 15.103 Three-party promotional and merchandising assistance plan available to direct and indirect purchasers. 15.104 Approval of descriptions to be used by exclusive seller to U.S. Government. 15.105 Foreign origin chemicals. 15.106 Film projector promotional plan. 15.107 Labeling of product composed of leather fibres. 15.108 Holding company ownership of both auto parts warehouse distributor and auto parts jobber. 15.109 Use of manufacturer's list prices to denote value. 15.110 Agreement among retailers for uniform store hours. 15.111 Functional discounts unlawful whenever an adverse effect on competition results therefrom. 15.112 Foreign origin disclosure not required on outside of packaged badminton sets. Promotional allowances by fabric supplier. Proposed license agreement for process patent. 15.145 Aggregating purchases of multi-unit organizations. 15.146 Request for revision of advisory opinion pertaining to use of the word "new". Sec. 15.147 Granting of "back-haul" allowances to customers picking up their own orders. 15.148 Corsage wearing apparel under Flammable Fabrics Act. 15.149 Payment for recruiting new students. 15.150 Trade association publication of advertisements for use by members featuring range of prices to be charged consumers. 15.151 Commission cannot approve substantial additional annual volume discount pricing program. 15.152 Product certification program. 15.153 Proposal to grant discounts for increased annual purchases. 15.154 Legality under antitrust laws of complying with State milk marketing orders. 15.155 Varying discount price scheduledistributor recruitment through grant of override. 15.156 Origin of toilet preparations. 15.157 Paying advertising allowances in selected trade area. 15.158 Proposed trade association adoption of a pricing manual for common use by electronics servicemen members. 15.181 Compliance interpretation of requests for premerger clearance: De minimis competitive effects; one request denied. 15.182 Compliance interpretation of request for premerger clearance: Liquidation probable. 15.183 Compliance interpretation of request for premerger clearance: Denies, competitive considerations. 15.184 Compliance interpretation of request for premerger clearance: Bankruptcy imminent. 15.185 Compliance intepretation of request for premerger clearance: De minimis competitive effect. 15.186 Compliance interpretation of request for premerger clearance: De minimis competitive effect. 15.187 Compliance interpretation of request for premerger clearance: Imminent insolvency. 15.188 Premerger clearance denied: Merger of firms in same industry would raise questions. 15.189 Premerger clearance: Precarious filnancial condition. 15.190 Random distribution of "bonus certificates" with purchase. Advertisements 15.191 news format. 15.192 15.193 15.195 which appear in Clearance denied for merger of competing milk companies. Substitution of merchandise unlawful even though equivalent in grade, quality, and appearance to that ordered by customers. 15.194 Use of uniform delivered pricing system effected by deducting freight allowances from f.o.b. price. Notice to magazine dealers as to availability of display allowance. 15.196 Commission holds not objectionable the advertising phrase "It works *** or we'll fix it free." 15.197 Use of term "Hand Made" to describe boot with a sealed sole. 15.198 Truckload discount for quantity purchases. 15.199 Agreement by processors to sell at prices higher than minimums set by State regulation. 15.200 Promotion and sponsorship of price catalogs by trade association. Sec. 15.201 Specialized automotive repair association wants to publish flat rate manual for its members. 15.202 Definition of jobbers and wholesalers for functional pricing purposes. 15.203 Common selling organization. 15.204 Use of terms "unconditional" and "lifetime" guarantee. 15.205 Use of a computer system to collect and disseminate marketing data. 15.206 Marking requirements for apparel of U.S. components assembled abroad. 15.207 "Made in U.S.A." label on answering machine composed of domestic and foreign made components. 15.208 Disclosure of origin of golf clubs made in this country from imported parts. 15.209 Disclosure of foreign origin of component used in drawer slide assembly. 15.210 Disclosure of foreign origin of imported mechanical pencil action. 15.211 Disclosure of country of origin of imported FM tuners. 15.212 No foreign origin disclosure required of imported shower head components. 15.213 Country of origin disclosure on bicycles assembled with some imported parts. 15.214 Country of origin labeling on lamp containing an imported wooden base. 15.215 Misrepresenting hoist as "Made in U.S.A." Sec. 15.227 15.229 Necessity for disclosing foreign country of origin of repackaged imported nails. 15.228 Country of origin labeling on bubble-packed imported switchplates. Country of origin disclosure of imported braids used in production of braided rugs. 15.230 Foreigr. country of origin disclosure on mounting cards displaying imported eyelashes. 15.231 Foreign country of origin disclosure on containers of repackaged imported chemicals. 15.232 Foreign country of origin disclosure of imported knife blades. 15.233 Foreign country of origin disclosure of imported radios at point of sale. 15.234 Labeling partially imported product as "Made in U.S.A." 15.235 American manufacturer may not place labels "Made in U.S.A.” on garments manufactured in this country from imported cloth. 15.236 Foreign country of origin disclosure of imported picture components. 15.237 Foreign origin disclosure on containers of repackaged toy kits. Clearance denied for proposed merger of substantial local independent producer of a food product and a leading national processor and distributor of the same product. 15.238 15.239 15.240 Net weight labeling of mesquite chips. Use of symbols and names having fur-bearing animal connotations in labeling textile fiber products. 15.241 Proposed promotional allowance program based on pyramiding sales of customers rejected. 15.242 Necessity for disclosing the country of origin of imported ink. 15.243 Receipt of discount in lieu of brokerage by respondent wholesale food distributor. 15.244 Disclosure of foreign origin of nasal cannula required. 15.245 Commission denies approval of proposed joint venture corporation composed of five competing manufacturers to bid on prime contract to furnish products of uniform specification. 15.246 Trade association publication recommending procedures for freight prepayment by manufacturers. 15.247 Disclosure of origin of crib mattresses, etc. made in this country using imported outside covers. 15.248 Validation of guarantee-time requirement. |