fur product by the use of an illustration which shows such fur or fur product to be a higher priced product than the one so advertised.

(g) No person shall, with respect to a fur or fur product, advertise such fur or fur product as being "bankrupt stock", "samples", "show room models", "Hollywood Models", "Paris Models", "French Models", "Parisian Creations", "Furs Worn by Society Women", "Clearance Stock", "Auction Stock", "Stock of a business in a state of liquidation", or similar statements, unless such representations or claims are true in fact.

§301.45 Representations

as to con

struction of fur products.

(a) No misleading nor deceptive statements as to the construction of fur products shall be used directly or indirectly in labeling, invoicing or advertising such products. (For example, a fur product made by the skin-on-skin method should not be represented as having been made by the letout method.)

(b) Where a fur product is made by the method known in the trade as letting-out, or is made of fur which has been sheared or plucked, such facts may be set out in labels, invoices and advertising.

§301.46 Reference to guaranty by Government prohibited.

No representation nor suggestion that a fur or fur product is guaranteed under the act by the Government, or

any branch thereof, shall be made in the labeling, invoicing or advertising in connection therewith.

8301.47 Form of separate guaranty.

The following is a suggested form of separate guaranty under section 10 of the Act which may be used by a guarantor residing in the United States, on and as part of an invoice in which the merchandise covered is listed and specified and which shows the date of such document, the date of shipment of the merchandise and the signature and address of the guarantor:

We guarantee that the fur products or furs specified herein are not misbranded nor falsely nor deceptively advertised or invoiced under the provisions of the Fur Products Labeling Act and rules and regulations thereunder.

§ 301.48 Continuing guaranties.

(a)(1) Under section 10 of the Act any person residing in the United States and handling fur or fur products may file a continuing guaranty with the Federal Trade Commission. When filed with the Commission a continuing guaranty shall be fully executed in duplicate. Forms for use in preparing continuing guaranties shall be supplied by the Commission upon request.

(2) Continuing guaranties filed with the Commission shall continue in effect until revoked. The guarantor shall promptly report any change in business status to the Commission.

(3) The following is the prescribed form of continuing guaranty:

(b) Any person who has a continuing guaranty on file with the Commission may, during the effective date of the guaranty, give notice of such fact by setting forth on the invoice or other paper covering the marketing or handling of the product guaranteed the following: "Continuing guaranty under the Fur Products Labeling Act filed with the Federal Trade Commission."

(c) Any person who falsely represents in writing that he has a continuing guaranty on file with the Federal Trade Commission when such is not a fact shall be deemed to have furnished a false guaranty under section 10(b) of the Act.

[26 FR 3188, Apr. 14, 1961, as amended at 48 FR 12517, Mar. 25, 1983]

§301.48a Guaranties not received in good faith.

A guaranty shall not be deemed to have been received in good faith within the meaning of section 10(a) of the Act:

(a) Unless the recipient of such guaranty shall have examined the required label, required invoice and advertisement relating to the fur product or fur so guaranteed;

(b) If the recipient of the guaranty has knowledge that the fur or fur product guaranteed is misbranded, falsely invoiced or falsely advertised.

[26 FR 3188, Apr. 14, 1961]

$301.49 Deception in general.

No furs nor fur products shall be labeled, invoiced, or advertised in any manner which is false, misleading or deceptive in any respect.

PART 303-RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACT1

Sec.

1 The Federal Trade Commission on May 20, 1959, announced its policy with regard to section 15 of the Textile Fiber Products Identification Act, which states in part that "The Commission shall provide for the exception of any textile fiber product acquired prior to the effective date of this Act.' The announcement reads:

"The exception provided by section 15 of the Act shall apply to textile fiber products acquired prior to the effective date of the

303.1 Terms defined.

303.2 General requirements.

303.3 Fibers present in amounts of less than 5 percent.

303.4 English language requirement. 303.5 Abbreviations, ditto marks, and asterisks prohibited.

303.6 Generic names of fibers to be used. 303.7 Generic names and definitions for manufactured fibers.

303.8 Procedure for establishing generic names for manufactured fibers.

303.9 Use of fur-bearing animal names and symbols prohibited.

303.10 Fiber content of special types of products.

303.11 Floor coverings containing backings, fillings, and paddings.

303.12 Trimmings of household textile articles.

303.13 Sale of remnants and products made of remnants.

303.14 Products containing unknown fibers. 303.15 Required label and method of affixing.

303.16 Arrangement and disclosure of information on labels.

303.17 Use of fiber trademarks and generic names on labels.

303.18 Terms implying fibers not present.

Act (March 3, 1960) where such products are marketed or handled on or after March 3, 1960 in the same basic form as that in which they were acquired, but shall not apply to textile fiber products manufactured or processed on or after March 3, 1960, from other textile fiber products acquired prior to that date where such manufacturing or processing changes the basic form of the textile fiber product to the extent that it becomes a different type of product. For example, the exception would apply to yarns, fabrics or garments acquired prior to March 3, 1960, which are marketed or handled on or after that date as yarns, fabrics or garments, respectively, without any change in the form of such products, but such exception would not apply to fabrics manufactured on or after March 3, 1960, from yarns or fibers acquired prior to that date, or to garments manufactured on or after March 3, 1960, from fabrics acquired prior to that date. Fabrics acquired in the greige before March 3, 1960, but processed or finished after that date would not lose their right to exception as a result of such processing or finishing operation.

"On or after March 3, 1960, any person who desires to claim the exception provided by section 15 of the Act must be able to establish by records or other competent means that the products as to which he claims the exception were acquired in the same basic form prior to March 3, 1960, and that he is entitled to the exception claimed."

§303.1 Terms defined.

As used in this part, unless the context otherwise specifically requires:

(a) The term Act means the Textile Fiber Products Identification Act (approved September 2, 1958, 85th Congress, 2d Sess.; 15 U.S.C. 70, 72 Stat. 1717).

(b) The terms rule, rules, regulations, and rules and regulations mean the rules and regulations prescribed by the Commission pursuant to section 7(c) of the Act.

(c) The definition of terms contained in section 2 of the Act shall be applicable also to such terms when used in rules promulgated under the Act.

(d) The term United States means the several States, the District of Columbia, and the Territories and possessions of the United States.

(e) The terms required information and information required mean such information as is required to be disclosed on labels or invoices and in advertising under the Act and regulations.

(f) The terms label, labels, labeled, and labeling mean the stamp, tag, label, or other means of identification, or authorized substitute therefor, required to be on or affixed to textile fiber products by the Act and regulations and on which the information required is to appear.

(g) The terms marketing or handling and marketed or handled, when applied to textile fiber products, mean any one or all of the transactions set forth in section 3 of the Act.

(h) The terms invoice and invoice or other paper mean a written account, order, memorandum, list, or catalogue, which is issued to a purchaser, consignee, bailee, correspondent, agent, or any other person, in connection with the marketing or handling of any textile fiber product transported or delivered to such person.

(i) The term outer coverings of furniture, mattresses, and box springs means those coverings as are permanently incorporated in such articles.

(j) The term wearing apparel means any costume or article of clothing or covering for any part of the body worn or intended to be worn by individuals.

(k) The term beddings means sheets, covers, blankets, comforters, pillows, pillowcases, quilts, bedspreads, pads, and all other textile fiber products used or intended to be used on or about a bed or other place for reclining or sleeping but shall not include furniture, mattresses or box springs.

(1) The term headwear means any textile fiber product worn exclusively on or about the head or face by individuals.

(m) The term backings, when applied to floor coverings, means that part of a floor covering to which the pile, face, or outer surface is woven, tufted, hooked, knitted, or otherwise attached, and which provides the structural base of the floor covering. The term backing shall also include fabrics attached to

the structural base of the floor covering in such a way as to form a part of such structural base, but shall not include the pile, face, or outer surface of the floor covering or any part thereof.

(n) The term elastic material means a fabric composed of yarn consisting of an elastomer or a covered elastomer.

(0) The term coated fabric means any fabric which is coated, filled, impregnated, or laminated with a continuousfilm-forming polymeric composition in such a manner that the weight added to the base fabric is at least 35 percent of the weight of the fabric before coating, filling, impregnation, or lamination.

(p) The term upholstered product means articles of furniture containing stuffing and shall include mattresses and box springs.

(q) The term ornamentation means any fibers or yarns imparting a visibly discernible pattern or design to a yarn or fabric.

(r) The term fiber trademark means a word or words used by a person to identify a particular fiber produced or sold by him and to distinguish it from fibers of the same generic class produced or sold by others. Such term shall not include any trade mark, product mark, house mark, trade name or other name which does not identify a particular fiber.

(s) The term wool means the fiber from the fleece of the sheep or lamb or hair of the Angora or Cashmere goat (and may include the so-called specialty fibers from the hair of the camel, alpaca, llama, and vicuna) which has never been reclaimed from any woven or felted wool product.

(t) The term recycled wool means (1) the resulting fiber when wool has been woven or felted into a wool product which, without ever having been utilized in any way by the ultimate consumer, subsequently has been made into a fibrous state, or (2) the resulting fiber when wool or reprocessed wool has been spun, woven, knitted, or felted into a wool product which, after having been used in any way by the ultimate consumer, subsequently has been made into a fibrous state.

(u) The terms mail order catalog and mail order promotional material mean any printed materials used in the di

rect sale or direct offering for sale of textile products that are distributed or shown to ultimate consumers and solicit the ultimate consumers to purchase such textile products by mail, telephone or some other method without examining the actual product purchased.

[24 FR 4480, June 2, 1959, as amended at 45 FR 44263, July 1, 1980; 50 FR 15106, Apr. 17, 1985] § 303.2 General requirements.

(a) Each textile fiber product, except those exempted or excluded under section 12 of the Act, shall be labeled or invoiced in conformity with the requirements of the Act and regulations.

(b) Any advertising of textile fiber products subject to the Act shall be in conformity with the requirements of the Act and regulations.

(c) The requirements of the Act and regulations shall not be applicable to products required to be labeled under the Wool Products Labeling Act of 1939 (Pub. L. 76-850, 15 U.S.C. 68, 54 Stat. 1128).

(d) Any person marketing or handling textile fiber products who shall cause or direct a processor or finisher to label, invoice, or otherwise identify any textile fiber product with required information shall be responsible under the Act and regulations for any failure of compliance with the Act and regulations by reason of any statement or omission in such label, invoice, or other means of identification utilized in accordance with his direction: Provided, That nothing herein shall relieve the processor or finisher of any duty or liability to which he may be subject under the Act and regulations.

§303.3 Fibers present in amounts of less than 5 percent.

(a) Except as permitted in paragraph (b) of this section and sections 4(b)(1) and 4(b)(2) of the Act, as amended, no fiber present in the amount of less than 5 per centum of the total fiber weight shall be designated by its generic name or fiber trademark in disclosing the constituent fibers in required information, but shall be designated as "other fiber." Where more than one of such fibers are present in a product they shall be designated in the aggregate as "other fibers."