Sec.

14.4

14.7

Identification of metallically weighted silk fiber.

Rule---------Push Money.

§ 14.2 Use of word "tile" in designation of non-ceramic products.

It is not the policy of the Commission to consider false and misleading the use of the word "tile" in the designation of non-ceramic products provided that either the true composition of said products or the fact that they are not ceramic products is plainly disclosed.

(Sec. 6, Stat. 721; 15 U.S.C. 46) [15 F.R. 7357, Nov. 12, 1950]

(a) The following requirements for disclosure of metallic weighting are based on, and interpretive of, section 5(a) of the Federal Trade Commission Act, as amended, and are to be construed as supplementing the fiber identification requirements of the Textile Fiber Products Identification Act and the rules and regulations issued thereunder.

(b) In the case of yarn and fabric containing metallically weighted silk fiber, the fiber identification required by the Textile Fiber Products Identification Act (72 Stat. 1717; 15 U.S.C. 70), and the rules and regulations issued thereunder, shall be immediately accompanied by a clear and non-deceptive disclosure of the fact that the silk fiber present is weighted, with specification of the percentage of the total weight of the silk fiber content in its finished state which the weighting represents: Provided, however, That specification of the percentage shall be subject to a tolerance not exceeding 3 percent when the deviation is not intentional and reasonable effort has been made to determine and accurately state the precise percentage; and, Provided further, That in lieu of a statement of the precise percentage, a maximum percentage may be stated when the precise percentage does not exceed such maximum.

(c) The disclosure of such weighting, in accordance with the above requirements, shall be on the same label on which appears the fiber identification required by the Textile Fiber Products Identification Act and the rules and 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 fol

lowing 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:

Sec. 15.1

15.2

15.3

15.4

(Sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45) [25 F.R. 2835, Apr. 5, 1960]

15.5

"Fiber content 50 percent silk (weighted not to exceed 25 percent), and 50 percent rayon."

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

(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.

15.6

15.7

15.8 15.9

15.10 15.11

PART 15-ADMINISTRATIVE OPINIONS AND RULINGS

Use of the word "chamois."

Toy catalog advertising payments.
Three-party promotional assistance
plans.

Publication of product standards by
a trade association as an industry
goal.
Manufacturer's setting of a minimum
resale price for dealers.
Three-way promotional program set
up by outdoor advertiser and fi-
nanced by participating grocery
chains and their suppliers.
Resumption of advertising by a manu-
facturer in a trade buying guide
formerly but no longer owned by a
wholesaler customer.

Foreign origin disclosure.

Labeling of containers for imported knives.

Cooperative advertising allowances. 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

Sec. 15.150

15.151

Trade association publication of advertisements for use by members featuring range of prices to be charged consumers. 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.

15.159

Advertising offering sale of treatment for athlete's foot. 15.160 Advertising promoting sale of information and a product.

15.161 Advertising promoting sale of information and a product.

15.162 Exchanging wage rates among association members.

15.163

Publication of dealer sales standards announcing a policy of not selling to dealers who advertise sale prices. 15.164 Premerger clearance: No anti-competitive effects foreseeable.

15.165 Premerger clearance: Deteriorating financial condition.

15.166 Premerger clearance: Declining industry.

15.167 Premerger clearance: Deteriorating industry.

15.168 Premerger clearance: Imminent insolvency.

15.169 Premerger clearance: Financial distress.

15.170 Premerger clearance: De minimis

competitive effect.

15.171 Premerger clearance denied: Adverse competitive effects probable. 15.172 Premerger clearance: Adverse competitive effects not discernible. 15.173 Premerger clearance denied: Lack of competitive information.

15.174 Premerger clearance denied: Vertical merger would raise questions. 15.175 Interpretation of request for premerger clearance: Declining industry. 15.176 Premerger clearance: De minimis competitive effects.

15.177 Compliance interpretation of request for premerger clearance: Imminent insolvency.

Sec. 15.179

Compliance interpretation of request for premerger clearance: Imminent bankruptcy.

15.180 Compliance interpretation of request for premerger clearance: Imminent insolvency.

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: Denied, competitive considerations.

15.184 Compliance interpretation of request for premerger clearance: Bankruptcy imminent.

15.185 Compliance interpretation 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 financial condition.

15.190 Random distribution of "bonus certificates" with purchase.

Advertisements

which appear in Clearance denied for merger of competing milk companies.

15.191

news format.

15.192

15.193

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. 15.195 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 Associations. 15.201 Specialized automotive repair association wants to publish flat rate manual for its members.

15.203

15.202 Definition of jobbers and wholesalers for functional pricing purposes. Common selling organization. Use of terms "unconditional" and "lifetime" guarantee.