[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR18.2]

[Page 137]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 18_GUIDES FOR THE NURSERY INDUSTRY--Table of Contents
 
Sec. 18.2  Deception through use of names.

    (a) In the sale, offering for sale, or distribution of an industry 
product, it is an unfair or deceptive act or practice for any industry 
member to use a name for such product that misrepresents directly or by 
implication to purchasers or prospective purchasers its true identity.
    (b) Subject to the foregoing:
    (1) When an industry product has a generally recognized and well-
established common name, it is proper to use such name as a designation 
therefor, either alone or in conjunction with the correct botanical name 
of the product.
    (2) When an industry product has a generally recognized and well-
established common name, it is an unfair or deceptive act or practice 
for an industry member to adopt and use a new name for the product 
unless such new name is immediately accompanied by the generally 
recognized and well-established common name, or by the correct botanical 
name, or by a description of the nature and properties of the product 
which is of sufficient detail to prevent confusion and deception of 
purchasers or prospective purchasers as to the true identity of the 
product.
    (3) When an industry product does not have a generally recognized 
and well-established common name, and a name other than the correct 
botanical name of the product is applied thereto, such other name shall 
be immediately accompanied by either the correct botanical name of the 
product, or a description of the nature and properties of the product 
which is of sufficient detail as to prevent confusion and deception of 
purchasers and prospective purchasers as to the true identity of the 
product.

    Note: Industry recommendation. The industry recommends that in 
administering the guide in this section the Commission give 
consideration to the use of plant names listed in such works as 
Checklist of Woody Ornamental Plants of California, 1977, University of 
California; Hillier's Manual of Trees and Shrubs, 1971, Hillier & Sons; 
Manual of Cultivated Conifers, 1965, P. Den Ouden & B. K. Boom; Hortus 
III, 1976, L. H. Bailey Hortorium; Naming and Registering New Cultivars, 
1974, American Association of Nurserymen, Inc.; and to plant name lists 
periodically published by the plant societies and the horticultural 
organizations selected as international and national cultivar 
registration authorities as enumerated in Appendix of Naming and 
Registering New Cultivars.


[Guide 2]

[44 FR 11177, Feb. 27, 1979, as amended at 59 FR 64549, Dec. 14, 1994]

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