[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: 16CFR18.8]

[Page 140]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 18_GUIDES FOR THE NURSERY INDUSTRY--Table of Contents
 
Sec. 18.8  Deception as to origin or source of industry products.

    (a) It is an unfair or deceptive act or practice to sell, offer for 
sale, or advertise an industry product by misrepresenting directly or by 
implication the origin or source of such product to purchasers or 
prospective purchasers (e.g., by use of the term Holland to describe 
bulbs grown in the U.S.A.); provided, however, that when a plant has an 
accepted common name that incorporates a geographical term and such term 
has lost its geographical significance as so used, the mere use of such 
common names does not constitute a misrepresentation as to source or 
origin (e.g., ``Colorado Blue Spruce,'' ``Arizona Cypress,'' ``Black 
Hills Spruce,'' ``California Privet,'' ``Japanese Barberry,'' etc.).
    (b) It is also an unfair or deceptive act or practice to advertise, 
sell, or offer for sale an industry product of foreign origin without 
adequate and non-deceptive disclosure of the name of the foreign country 
from which it came, where the failure to make such disclosure would be 
misleading to purchasers or prospective purchasers. [Guide 8]

[59 FR 64550, Dec. 14, 1994]