less competitor's advertising is excluded, or unless certain discriminatory favors are granted. To withdraw patronage from a firm supplying materials if same materials are sold to competitors. 9-Claiming a monopoly. Making false claims to patents or trade marks or misrepresentation of the scope of patents or trade marks. 10 Simulating in one's own product a trade mark, trade name, cartons, slogans, advertising matter or appearance of a competitor's product. 11-Depriving a competitor of transportation facilities through bribery of railroad employees or otherwise, or the use of any means whereby the movement of a competitor's product is hampered. 12—Bidding up prices of raw materials to a point where business becomes unprofitable, for the purpose of driving weaker competitors out of business. 13-Selling or offering to sell below cost or at less than a fair profit, to force a competitor out of a field. 14 Giving away goods or supplies or samples other than is customary in such quantities as to hamper and embarrass competitors, or in such volume as to have the effect of giving a rebate. 15-Furnishing or offering exceptional and unusual store or advertising equipment to a competitor's customers as inducement to a customer to change. 16-Payment of bonuses to dealer's salesmen, with or without the knowledge of employers, for special efforts in inducing the sale of certain goods as against competitors. PACIFIC ICE CREAM MANUFACTURERS' Adopted Nov. 15, 1922: A DECLARATION OF PRINCIPLES We Believe in ice cream, and in the great future that lies before the industry, because ice cream is the one product which contains all of the life giving, body building properties peculiar to milk, combined with a variety and palatability found in no other milk product. We Believe that all legitimate business must rest upon the secure foundation of a fair reward for honest service; That a condition precedent to the right to engage in business is the assumption of this obligation of service to society; That this obligation may be fully discharged only through the fullest measure of progress in industry; That such progress may best be achieved through the intelligent co-operation of those identified with any given line of human endeavor; And that unrestrained competition, with the destructive practices which attend it, defeats progress and becomes a burden upon society. practices: We Recognize, as included among such destructive. The use of adulterants, or of any ingredients other than those known to be wholesome and meritorious, or the sale of any article as a food product or as an ingredient in a food product which, because of its own nature or method of manufacture, or for any other reason, is in violation of local, state, or federal food laws; The misrepresentation, by word of mouth or in writing, of the products, processes, service or business methods of either ourselves or our competitors; The use of any advertising copy which is not constructive in its nature, or which might tend to destroy public confidence in ice cream as a wholesome food; Price discrimination between different purchasers or different localities, which is not based on legitimate cost or service considerations; Selling or offering to sell at cost or at less than a fair profit, or offering or rendering secret rebates or unusual and discriminatory service or inducements,-for the purpose of injuring a competitor; We Pledge Ourselves: To conduct our businesses upon the basis of service and square dealing to the public, and to the industry of which we are a part; To promote, in our relations with our competitors, a spirit of fairness and tolerance; To ourselves refrain, and to discourage others, from any and all practices which would be detrimental to the interest of the public, or of the industry; And to co-operate in every practicable way toward a fuller appreciation of ice cream as a wholesome, all-year-round food. ICE CREAM SUPPLIES THE ASSOCIATION OF ICE CREAM SUPPLY MEN THE FAIR PRACTICES CODE The Code of the Association declares the following practices by its member firms unfair and proof of their commission grounds for expulsion and full publicity. The Fair Practices Code shall apply to members whether they are manufacturers, dealers, distributors, agents, or otherwise engaged in any other business or occupation, so long as they are members of the Association. The Fair Practices Code shall be construed liberally with the intent of prohibiting any and all unfair practices and the construction and interpretation of each and every clause of the said Code as interpreted by the Board of Directors shall be binding upon the members and shall be conclusive in all proceedings under Article X of the Constitution. SECTION I Unfair Practices of Seller as against Buyer 1-Misbranding of articles as regards the materials or ingredients of which they are composed, their quality, their method or place of manufacture or origin; "inferential" misbranding, i. e., using trade names or descriptive terms which simulate trade names or descriptive terms of unadulterated or genuine goods. 2-Bribery of buyers or other employees of customers, with the payment of specified percentages of the purchase price of all goods bought, with money, presents, excessive treats, etc., to obtain new business or to induce the continuance of patronage. 3-Commercial bribery of customers by money, long term credits not in keeping with trade custom, excessive entertaining or any other means. 4 False or misleading advertising concerning prices, advertiser's status as a manufacturer, methods employed in the advertiser's business, false claims to Government or other endorsements, etc., or any advertising, printed, written or oral that comes within the definition of "undesirable advertising" laid down by the National Association of Ice Cream Manufacturers. 5-Trade boycotts or combinations of traders to prevent buyers from obtaining goods through customary channels. 6-Sale of rebuilt articles as new products. 7-"Leader" selling-i. e., selling one piece of goods at less than cost and recouping on others sold at the same time. 8-Making up and disseminating false cost sheets. 9 "Lottery" premiums-i. e., giving or offering premiums of unequal value, the receipt of any particular premium to be determined by lot or chance. 10 Discrimination in prices between different purchasers or different localities, based upon other than legitimate cost, sales and delivery considerations. 11-Selling food, or a product to be put into food, which, because of its nature or method of manufacture, or for any other reason, violates a local, state or federal ordinance or law. 12-Consigning unordered goods to a possible buyer, with the hope that they will be used and paid for. 13-Distribution of samples of a better grade than the product they are supposed to represent. 14 Any wilful misrepresentation as to market conditions or supply, either as to finished products or raw materials, tending to induce buyers to overbuy their requirements or contract for future deliveries to their plain loss or disadvantage. SECTION II Unfair Practices of Competitor as against Competitor 1-Bribery of customer's employees to introduce foreign substances into a competitor's goods already purchased. 2-Tampering with or misadjusting goods sold by a competitor, for the purpose of discrediting him with a customer. 3-Bribery of competitor's employees or spying on competitor's plant, trailing of competitor's delivery and sales agents, bribing railroad employees for information about competitor's shipments, stealing or copying competitor's blueprints, or any other means to the end of procuring a competitor's business or trade secrets. 4-Procuring breach, withdrawal or delay of competitor's contracts with customers by misrepresentation or by any other means. 5-Inducing competitor's employees to leave in such numbers as to disorganize, hamper or embarrass a business. 6-Making false or disparaging statements, either written or oral, respecting a competitor's products, selling prices, business, financial or personal standing, etc. 7-Threats of suits of patent infringement for selling or using alleged infringing products of a competitor, unless such threats are made in good faith. 8-Threatening to sue a competior for the purpose of intimidation. 9-False claims to patents or misrepresentation of the scope of patents. 10—Simulating in one's own product the trade mark, trade name, cartons, slogans, advertising matter, or appearance of a competitor's product. 11-Converting raw materials of competitors to one's own use by diverting shipments through bribery, trickery or misrepresentation. 12-Depriving a competitor of transportation facilities through bribery of railroad employees, trickery, exercise of undue influence or any other means. grounds. 13-Refusal to accept advertising upon other than ethical 14 Threats to withdraw advertising unless competitor's advertising is excluded or unless certain discriminatory favors are granted. 15-Claiming or exercising a monopoly. 16-Obtaining estimates from competitors through bogus requests by a third party. 17-Threats to withdraw patronage from a firm supplying raw materials if same raw materials are sold to competitors. 18-Bidding prices of raw materials to a point where business becomes unprofitable, for the purpose of driving out weaker competitors. 19-Purchasing a competitor's unused goods, already sold, from a customer, and substituting one's own goods. 20-Threatening to force a competitor out of business unless he keeps out of certain territories. 21-Selling or offering to sell below cost or at less than a fair profit to force a competitor out of the field. 22-Making up and disseminating false cost sheets. 23-Payment of bonuses to jobbers' salesmen, with or without the knowledge of employers, for pushing of certain goods as against competitors' goods. 24 Giving away of goods, other than customary samples, in large quantities to hamper and embarrass competitors. 25 Combinations of competitors to raise or maintain or bring about uniformity in prices, to divide territory or allot customers. 26-Offering goods through second hands for less than their direct sales price. |