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Digest

Summary

17

ATRR

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230.... Foreign origin-Disclosure on mounting 352:A-4
card back of domestically packaged, im-
ported false eyelashes.

231.... Foreign origin-Disclosure on containers of 352:A-5
repackaged chemicals imported in bulk.

232.... Foreign origin-Disclosure of imported 352:A-5 blades on knife assembled in U.S.

233.... Foreign origin-Disclosure of imported 352:A-5 radio at point of sale.

234.... Foreign origin-Labeling partially im- 352:A-5 ported (38%) textile product as "Made

in U.S.A."

235.... Foreign origin—“Made in U.S.A.” label on 352:A-5

garment manufactured domestically from
imported cloth.

236.... Foreign origin-Disclosure on imported pic- 352:A-5

ture components beyond that required by
Bureau of Customs not necessary.

18298 6837069

18299 6737059

18300 6837046

18301 6837071

18302 6737102

18303 6637061

237.... Foreign origin Generalized disclosure on 355:A-13 kits containing toys from various countries.

18325 6637038

238.... Pre-merger clearance of manufacturer and 355:A-20
distributor of same product would elimi-
nate potential competition.

18326 6837107

239.... Labeling on packages of mesquite chips.... 355:A-15
240.... Use of fur-bearing animal name and symbol 355:A-12
in labeling textile product simulating a
fur product.

18327 6837111 18328 6837100

241.... Chain-letter type promotional program based 356:A-9 on pyramiding sales.

18332 6837116

242.... Foreign origin-Disclosure on boxes and 356:A-9

18333 6837114

bottles of ink imported in bulk.

243.... Discount in lieu of brokerage by wholesale 356: A-9 food distributor.

18334 C-1201

244.... Foreign origin-Disclosure on imported

18341 6837104

medical device.

245.... Joint venture corporation-Five competing 357:A-9

18342 6837118

manufacturers to bid on prime contract to
furnish products of uniform specifications.

246.... Trade association publication recommending 358:A-10 procedures for freight prepayment by manufacturer-suppliers.

18343 6837106

247.... Foreign origin-Disclosure on imported 358:A-9

18344 6837105

covers of crib mattresses.

248.... Validation of guarantee-Time requirement 358:A-8

18345 6837101

"Return at once".

18350 6837097

249.... Trade association code of ethics-Members 359:A-2

not to advertise sales below cost.

250.... Formation of local trade associations or 359:A-5 groups by state-wide association.

See footnotes at end of table.

18351 6837099

18

Digest

Summary

ATRR1

251.... Foreign origin-Disclosure on cartons of 359: A-5
repackaged metal fasteners imported in
bulk.

252.... Foreign origin-Location of disclosure on
cartons of imported fishing reels packaged
domestically.

retail stores in impoverished urban areas.

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359: A-5

18353 6837121

253.... Extended credit terms for newly established

359:A-7

18358 6837115

254.... Exclusive operation of checking-cashing 360: A-14 concession in retail stores.

18369 6837125

18370 6837109

255.... Foreign origin-Disclosure on domestically 360:A-7
gold plated imported flatware: Use of
trade name suggesting domestic origin.

256.... Use of unqualified term "Diamond" to 361:A-11
describe abrasive disc containing other

materials.

257.... Trade association suggesting rental rates 361: A-11

for cylinders containing
containing
compressed gases.

18392 6837122

18393 6837130

commercial

258.... Promotional assistance program limited in 361:A-12 area and in value.

18394 6837117

259.... Pre-merger clearance for two non-competing 363: A-6

18410 6837126

quarry and building materials companies. 260.... Use of term "X Grown Emerald" as des- 363: A-5 criptive of synthetic stones.

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263.... Price differences between competing "stock- 365: A-13

18425 6837086

ing" and "non-stocking" dealers.

264.... Proposal to grant special discounts for stock- 365: A-14
ing, quantity orders and cumulative pur-
chases.

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268.... Trade association code designed to discour- 367:A-5 age or prohibit price advertising.

18435 6837138

269.... Pooling of promotional allowances by 367: A–7

18436 6837147

retailers.

270.... Origin disclosure on skies imported in raw and finished in U.S.

367: A-10

18444 6837135

271.... Plan to penalize competitors who do not 371:A-3

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273.... Repair shop trade association publication of 371: A-2

18472 6837148

material resale price schedule.

See footnotes at end of table.

CROSS INDEX AND SUMMARY

19

Digest

Summary

ATRR1

274.... Merchandising plan to offer smaller volume 371:A-5 customers smaller discounts.

275.... Origin disclosure of imported watch band 371: A-9 parts assembled in the Virgin Islands.

276.... Disclosure of foreign assembly of product 372: A-3 made of domestic components (90%) un

necessary.

277.... Consumer saving plan organized by local 372:A-6

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merchants.

278.... Franchise agreement for chain of carry-out 372: A-9 pizza shops.

18480 6837150

279.... Acquisition of financially troubled grain ele- 372: A-12 vators by agricultural cooperative.

18481 6837154

280.... Acquisition of direct competitor in dried food 372:A-14

18482 6837151

industry.

281.... Trade association plan to secure uniform 372: A-13 discounts from suppliers and establish uni

18483 6837141

form clearance sales and alteration costs
for retailers.

282.... Origin disclosure of imported cloth (51%) 372: A-11 for shirts domestically assembled and

18484 6837158

sewn.

283.... Origin disclosure on sewing kit with contents 373: A-3 of multiple foreign origin.

18491 6837156

284.... Origin disclosure of stainless cutlery on out- 373: A-6

18492 6837155

side of package.

285.... Formation of marketing agent by three 373: A-4 agricultural cooperatives.

18493 6837129

286.... Origin disclosure of imported uppers on

373: A-5

18494 6837139

otherwise domestically-made (70%) tennis
shoes.

287.... Trade association voluntary advertising 374:A-10

18499 6837159

standards.

288.... Receipt of promotional allowance without 374:A-7

18500 C-1053

concurrent availability to competitors.

289.... Decomposed city garbage may not be de- 374:A-3 cribed as "compost peat".

18501 6937010

290.... Membership in distributor association by 372:A-9

18502 D-8618

Brewer under order for price fixing.

291.... No blanket approval for acquisition of small 377: A-5

18528 6937003

baker by anyone.

293....

292.... Paua shell described as "Marine Opal"..... 377:A-12
Night soil material may not be described as
"Humus".

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296.... "Failing company" theory applied in sale of 378: A-3

assets to competitor.

See footnotes at end of table.

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299.... Origin disclosure on repackaged merchandise 379: A-2

imported in bulk.

300.... Promotional advertising with contest......
301.... Use of term "Danish” in advertising to de- 380:A-14
scribe furniture.

Summary

ATRR1

Digest 297.... "Failing company" theory applied in ap- 378: A-3

proving sale of some fixed assets to keep

firm solvent.

298.... "Made in U.S.A." description for imported 378: A-9 lenses processed in U.S.

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379:A-3

302.... Promotional program involving "cents off" 380:A-15 coupons and demonstrators.

18556 6937018

303.... Data processing for collection and dissemina- 380: A-11 tion of sales and production information.

18557 6937042

304.... Three-party promotional program under

380: A-12

18558 D-8175

investigation.

18578 6837097

305.... Below-cost sales provision in trade association 384: A-22

advertising guide (see Advisory Opinion

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310.... Origin disclosure on imported watchbands 386: A-7 and cases.

18595 6937022

311.... Origin disclosure of imported upper ma- 386: A-7

18596 6937033

312.... Three-party promotional program, sale of 389: A-5

terial used in shoes. Use of renown firm
name implies made domestically.

TV advertising time to suppliers of prod-
ucts sold through grocery stores.

313.... Marking of white gold ring with platinum 389:A-6
prongs as 18 K-Plat.

1 Antitrust and Trade Regulation Reporter.

2 Commerce Clearing House.

3 Federal Trade Commission Files (Restricted for staff use only).

18613 6937029

18614 6937041

Advisory Opinion Digest No. 1

Statute Involved: Section 5, Fed- Use of terms "chamois like" or

eral Trade Commission Act. Released: August 7, 1964.

"chamois type" to describe an oil-tanned, unsplit sheepskin product.

The Commission was requested to express an opinion concerning the legality of describing unsplit sheepskin as "Chamois-like Sheepskin" or "Chamois-type Sheepskin" on the basis, it is claimed, that the product looks and feels like chamois leather, and possesses the same qualities as the genuine product.

This problem has been before the Commission in different forms on several occasions. In each instance the Commission has taken the position that it will prohibit the branding or labeling of leather products as "Chamois," "Chamois Type" or "Chamois Like" unless such products are made (a) from the skin of the Alpine antelope, commonly known and referred to as Chamois, or (b) from sheepskin fleshers which have been oil-tanned after removal of the grain layer.

The word "chamois" has its origin in the common name of a small goatlike Alpine antelope whose skin was made into a soft, pliable leather used in the manufacture of gloves, and for polishing such articles as glass, jewelry, fine metals and wood. It possessed the additional feature of absorbing water readily and returning, when dry, to its original state of softness and pliability. The animal became virtually extinct for commercial purposes about 1890 and since that time the word acquired a secondary meaning after being widely used commercially to designate certain leathers produced from split sheepskin fleshers.

The necessity for splitting sheepskin is to remove the impervious grain layer so as to make the underside more receptive to tanning. Since the two layers do not react at the same rate, should an amount of the grain layer remain the skin will not stretch uniformly and will eventually rip and crumble. In any event, irrespective of the relative merits of the many processes which may be employed to produce the leather, the fact remains that the grain layer must be separated from the sheepskin flesher in order that an acceptable chamois will result. This requirement the requesting party's product does not fulfill.

The claim that the subject product is equal in all respects to genuine. chamois is not true, since the grain layer has not been removed. The genuine

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