Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 16 - Commercial Practices |
Chapter I - Federal Trade Commission |
SubChapter B - Guides and Trade Practice Rules |
Part 243 - GUIDES FOR THE DECORATIVE WALL PANELING INDUSTRY |
§ 243.2 - Describing wood and wood imitations.
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In connection with the sale of industry products made of wood, or which are not wood but have an appearance simulating wood, industry members should not use any display, exhibit, sample, sales method, depiction or representation which could have the capacity and tendency directly or indirectly to mislead purchasers or potential purchasers because of: A false statement; a half-truth; or the failure to disclose facts concerning composition when the appearance of a product could convey a misleading impression.
1 (a) Examples of representations considered false include:
(1) Describing an oak panel as “pecan”;
(2) Describing as “solid birch” or “genuine birch” a panel made with laminations of all birch plies. Proper descriptions would include “birch plywood” or “birch plies”;
(3) Describing a particleboard, flakeboard, hardwood, fiberboard, chipcore or plywood panel as “solid wood”;
(4) Describing as “natural wood grain” a simulated grain design which has been printed on, attached to or simulated in any other manner on the surface of an industry product;
(5) Describing a nonlumber product, such as particleboard, hardboard, fiberboard, flakeboard, and products of similar composition, as “wood”. Although such products are composed of wood particles or wood fibers, they should not be represented without qualification as “wood” but may be described as “particleboard”, “hardboard”, “fiberboard”, “wood product”, or by any applicable nondeceptive word or term.
(b) Examples of representations considered likely to mislead because of a half-truth include:
(1) Describing as “walnut”, “in walnut”, “genuine walnut”, “walnut panel” or “walnut plywood” a panel having only a face veneer of walnut. Proper descriptions would include “walnut veneer face”, “walnut veneer surface”, “walnut veneer” or “walnut veneered plywood”.
Note: Unqualified terms such as “walnut”, “genuine walnut” and “in walnut” imply that the product so described is solid walnut. Unqualified terms such as “walnut plywood” imply that all of the plies are walnut.
(2) Describing as “walnut veneer” a panel having a face veneer not entirely of walnut. If a wood name is used to describe a panel having more than one kind of wood in the face veneer then all of the woods in the face veneers should be named or otherwise identified (e.g., “walnut and cherry veneers” or “walnut and other hardwood veneers”);
(3) Using unqualified phrases such as “wood-pattern” or “woodgrain finish” to describe a panel having a wood surface which has been stamped, rolled, pressed, or otherwise processed in such manner as to change the natural wood grain design. Proper descriptions would include “simulated woodgrain finish”, “imitation grain figure” or “simulated walnut grain finish on birch face veneer”;
(4) Describing as “hardwood plywood” a panel made of hardwood plywood but having a vinyl film surface simulating a wood finish. Proper descriptions would include “hardwood plywood with simulated wood grain on vinyl overlay” or “simulated wood surface on plywood”.
(c) Examples of failure to disclose facts concerning composition when the appearance of industry products could convey a misleading impression include circumstances such as when a product, or part thereof, is: Wood but has the appearance of a different kind of wood; and Not wood but has an appearance simulating wood. For instance, when necessary to prevent possible deception an affirmative disclosure should be made of the facts concerning composition when an industry product, or part thereof:
(1) Has an exposed surface of plastic, metal, vinyl, hardboard, particle-board or other material not possessing a natural wood grain structure but which has an appearance simulating that of a wood grain. Depending on the composition, proper descriptions would include “simulated walnut finish on plastic face”, “vinyl surface with simulated pecan finish”, “simulated birch finish on hardboard” “mahogany grained plastic”, or other nondeceptive phrases;
(2) Has a wood surface finished by means of staining, decalcomania, printing, paper coating or other process so as to have the appearance of a different kind of wood. Depending on the composition, proper descriptions would include “mahogany finished gum plywood”, “walnut stained plywood”, “walnut finish on pecan veneer face”, or “cherry grain design on hardwood plywood”;
(3) Has an appearance which could mislead potential purchasers in any material respect.
(d) Examples of wood names to describe color, grain design, etc.:
(1) When a wood name is used in advertising or labeling to describe the grain and/or color of a stain finish or other type of simulated finish which has been applied to a surface composed of something other than solid wood of the type named, it should be made clear that the wood name used is merely descriptive of the grain design and/or color or other simulated finish.
(2) Under this section, unqualified phrases such as “walnut”, “walnut finish”, “in walnut”, “fruitwood”, “oak”, “mahogany finish”, and other terms of similar import or meaning, will not be adequate. But statements such as “walnut stain”, “maple stain finish”, “mahogany finish on gum”, “photographically reproduced pecan grain”, “printed pecan design”, “fruitwood finish on selected hardwood veneer”, “cherry grain finish on vinyl overlay” and “walnut finish on other hardwoods” (or “softwoods”, as the case may be) will satisfy this provision if such statements are factually correct and appear in contexts which are otherwise nondeceptive.
2 [Guide 2]