[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR20.1]

[Page 140-141]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 20_GUIDES FOR THE REBUILT, RECONDITIONED AND OTHER USED AUTOMOBILE 
PARTS INDUSTRY--Table of Contents
 
Sec. 20.1  Deception generally.

    (a) It is unfair or deceptive to represent, directly or by 
implication, that any industry product or part of an industry product is 
new or unused when such is not the fact, or to misrepresent the current 
condition, or extent of previous use, reconstruction or repair of any 
industry product.
    (b) It is unfair or deceptive to offer for sale or sell any industry 
product unless a clear and conspicuous disclosure that such product has 
been used or contains used parts is made in advertising, sales 
promotional literature and invoices and on product packaging. 
Additionally, it is unfair or deceptive to offer for sale or to sell any 
rebuilt, remanufactured, reconditioned, or otherwise new-appearing 
industry product unless such disclosure using appropriate descriptive 
terms is made on the

[[Page 141]]

product itself with sufficient permanency to remain visible for a 
reasonable period of time after installation. Examples of appropriate 
descriptive terms include, but are not limited to ``Used,'' 
``Secondhand,'' ``Repaired,'' ``Remanufactured,'' ``Reconditioned,'' 
``Rebuilt,'' or ``Relined.'' \1\ On invoices to the trade only, the 
disclosure may be made by use of any number, mark, or other symbol that 
is clearly understood by industry members as meaning that the products 
or parts identified on the invoices have been used.
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    \1\ If the term ``recycled'' is used, it should be used in a manner 
consistent with the requirements for that term set forth in the Guides 
for the Use of Environmental Marketing Claims, 16 CFR 260.7(e).
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    (c) It is unfair or deceptive to place any means or instrumentality 
in the hands of others so that they may mislead consumers as to the 
previous use of industry products or parts.

[67 FR 9922, Mar. 5, 2002]