Fair Trade Commission Guidelines on Handling
Cases Governed by Article 21 of the Fair Trade Law
Passed by the 151st Commissioners'
Meeting on August 31, 1994
Amended by the 269th
Commissioners' Meeting on December 24, 1996
Points 22(4) and
23(4), 23(5), 23(7) amended, Points 22(27), 22(28), 22(29), 22(30) and
23(11), 23(12), 23(13), 23(14) added, and Point 26 deleted by the 311th
Commissioners' Meeting on October 15, 1997
Point 16(9) amended
to 16(8) and Point 6(3) deleted by the 387th Commissioners' Meeting on
April 6, 1999
Points 16(6) and
21(7) amended by the 417th Commissioners' Meeting on November 3, 1999
Amended by the 568th
Commissioners' Meeting on September 26, 2002
Promulgated by Order
(91) Kung San Tzu No. 0910010812 on November 5, 2002
Amended by the 688th Commissioners' Meeting on January 13, 2005
Promulgated by Order (94) Kung Fa Tzu No. 0940001278 on February 24, 2005
Promulgated by Order (94) Kung Fa Tzu No. 0940006949 on August 26, 2005
Chapter 1 General Provisions
The
Fair Trade Commission (hereinafter, the "Commission") has adopted these
Case Handling Principles (hereinafter, the "Principles") for purposes
of ensuring fair competition among enterprises, protecting the rights and
interests of consumers, effectively enforcing Article 21 of the Fair Trade
Law (hereinafter, the "Law"), and prohibiting enterprises from making
or using false or misleading representations or symbols on goods (or in
connection with services), or in advertisements, or by any other means
of making known to the public.
The
term "goods" (or services) in Article 21 of the Law refers to subject
matters of trade having economic value and other trade-related matters
that are not directly related to subject matters of trade but that have
the effect of solicitation, including an enterprise's identity, qualifications,
business condition, relationship to other enterprises, non-profit (philanthropic)
organizations, or government agencies, gifts or prizes attached to such
trade by the enterprise, and so forth.
The
term "other means of making known to the public" in Article 21 of the
Law refers to any act of transmitting information that may directly or
indirectly cause the non-specific general or relevant public to collectively
see or hear of it.
Examples
of "other means of making known to the public" include [inter alia]
all of the following: billboards, business cards, goods or services seminars/presentations,
provision of information by an enterprise for publication by the media
in the form of reportage, enabling a substantial number of enterprises
to collectively see or hear of information by means of mailings, publishing
information in publicly sold books, delivering publicity materials to consumers
by way of promotion or introduction, and distributing product manuals to
professionals for further dissemination of information to the public.
"Representation
or symbol" in Article 21 of the Law means an act sufficient to express
or transmit information or ideas having commercial value by means of written
or spoken language, sound, graphics, marks, numbers, images, colors, shapes,
actions, objects, or other means.
"False"
in Article 21 of the Law means a representation or symbol that is inconsistent
with facts, where the discrepancy would be unacceptable to a considerable
number of the general or relevant public, and sufficient to cause misunderstanding
or erroneous decisions.
"Misleading"
in Article 21 of the Law means a representation or symbol, whether or not
consistent with facts, that is sufficient to cause misunderstanding or
erroneous decisions by a considerable number of the general or relevant
public.
The
principles for determining whether a representation or symbol is false
or misleading are as follows:
(1)
Determination of whether a representation or symbol is false or misleading
shall be based on the understanding of trading counterparts. Ordinary goods
(or services) shall be judged on the basis of the general public exercising
an ordinary degree of care; specialized professional goods shall be judged
on the basis of the relevant public exercising an ordinary degree of care.
(2)
Where a representation or symbol, observed in isolation, is found to be
true, but the overall impression and effect it gives when observed in whole
is sufficient to cause misunderstanding or erroneous decisions by a considerable
number of the general or relevant public, it shall be deemed misleading.
(3)
Where the content of a representation or symbol is manifested by contrast/comparison
or especially distinctive means, and where the major part that is especially
distinctive could easily form the major factor contributing to a consumer's
decision whether to transact, the especially distinctive major part may
be observed independently in determining whether the content is false or
misleading.
(4)
A representation or symbol objectively having multiple reasonable interpretations
shall not be deemed false as long as one of the meanings is true; however,
this shall not apply when the intent to mislead is evident.
The
following factors shall be considered in determining whether a representation
or symbol is false or misleading:
(1)
The degree of discrepancy between the representation or symbol and actual
conditions.
(2)
Whether the content of the representation or symbol is sufficient to affect
reasonable judgment-making and trading decisions of members of the general
public possessing ordinary knowledge and experience.
(3)
Effect on the economic interests of competing enterprises and trading counterparts.
Whether
a pre-sale housing advertisement is false or misleading shall be judged
on the basis of the objective circumstances at the time of use of the advertisement
by the advertiser.
Where
an advertiser of a pre-sale housing advertisement knew or was capable of
knowing at the time it used an advertisement that it would subsequently
not be able to deliver content consistent with the advertisement, the advertisement
is false or misleading.
"Objective
circumstances" in paragraph 1 refers to the advertiser's ability to subsequently
deliver, the prevailing laws and regulations, the supply of building materials¡Kand
so forth.
Violation
of Article 21 of the Law by an enterprise(s) may be handled by promulgation
of an industry-wide regulatory explanation in instances where such violation
has an extensive history, is prevalent throughout the industry, and is
related to characteristics of the industry.
Chapter
2 Procedures for Handling Complaint Cases
Section
1 Initiation of False Advertising Cases
A
complainant alleging a false or misleading representation or symbol by
another enterprise shall be requested to describe the specific details
and to provide his or her full name and address in writing. Where an oral
complaint is made, the Commission shall make a written record of the complaint
and, after reciting it to or having it read by the complainant to verify
the accuracy of the content, shall annotate the year, month, and day, and
then have the complainant sign or chop it.
Necessitated
by the investigation of facts and evidence, a complainant making a complaint
alleging employment of a false or misleading representation or symbol by
another enterprise shall be required to provide relevant evidence and materials
such as goods, packaging, and advertisements. A person authorizing another
person to file a complaint shall execute a power of attorney and shall
explain in what way the representation or symbol made by the other enterprise
is sufficient to cause a typical person reasonable suspicion that it is
false or misleading.
A
complainant who does not provide relevant evidence or explanations in accordance
with the preceding paragraph shall be notified in writing to do so within
a reasonable period of time.
After
receiving a written complaint, the responsible department, in addition
to following the procedures set forth in the Commission's Government Document
Handling Manual, shall carry out an initial formality review of the complaint,
addressing the following matters:
(1)
Whether it complies with Points 11 and 12 hereof.
(2)
Whether the documents received are indeed complaints in nature shall be
determined in pursuance with the intent of the filing parties. If the document
received is of something in nature other than a complaint, such as an inquiry
concerning the truthfulness of an advertisement, a conjecture that an advertisement
contains a falsehood, or a request for an appraisal by the Commission,
the responsible department shall reply via letter that the case does not
fall within the Commission's official purview, and shall directly refer
the matter for handling by the relevant competent authority or copy it
to the enterprise(s) concerned for reference and handling.
(3)
The injury or disadvantage suffered by the complainant as a result of the
representation or symbol complained against; provided, this shall not apply
to a complaint concerning matters involving public interest.
(4)
If a case involves foreign elements, acceptance for processing shall be
governed by the principles set forth in the Guidelines for Handling Cases
Involving Foreign Elements, in addition to the procedures set forth above.
Where
a complaint is formally deficient but supplementation is permissible, the
complainant shall be informed in writing of making supplementation within
a specific time limit; upon failure to make supplementation by the deadline,
processing of the matter may be ceased.
Section
2 Case Investigation
In
addition to complying with the Commission's Points for Attention in Conducting
Investigations, best efforts shall be made to ensure that investigation
procedure is thorough, and redundant investigations shall be avoided; in
addition, the procedures below may be followed:
(1)
Notify the respondent enterprise to state its position in writing within
a specific time limit.
(2)
Notify the respondent enterprise to produce materials within a specific
time limit.
(3)
Notify the respondent enterprise to appear on a specified date and state
its position.
(4)
Visit the place of business of the respondent enterprise on a specified
date to investigate.
If
upon investigation of the facts of a case it is found that language employed
by an enterprise in a representation or symbol is ambiguous or vague (falls
into a gray area as to its legality), and no interpretive or prohibitive
provisions have been set forth by other competent authorities or in other
applicable laws or regulations, and the general consumer public has not
yet formed a widespread consensus concerning its content, for example as
in cases involving commonly used non-statutory language or where there
is a lack of specific criteria on which to base judgment, the investigation
may be suspended and the respondent informed by letter that no disposition
will be rendered because the language used by the enterprise is not expressly
prohibited by law, but that the opinion expressed by the respondent has
been put on record, and the Commission will continue to monitor relevant
public opinion and input for reference in subsequent law enforcement.
The
responsible department shall keep cases under the preceding paragraph in
a dedicated file, and sign and submit them for handling in routine or unscheduled
reports.
Where
the initial review of a complaint conducted by the unit responsible for
the complaint is sufficient to conclude that the facts and reasons obviously
do not meet the legal requirements for establishing a case, investigation
may be foregone and, after signed request and approval, a response letter
may first be sent to the complainant and then compiled with other such
response letters and submitted to the Commissioners' Meeting on a monthly
basis for further affirmation.
In
investigation conducted by the responsible unit where it is sufficient
to determine that the facts are straightforward and obviously not in violation
of the law, the procedures set forth in the preceding paragraph may likewise
be followed.
Under
any of the following circumstances during a case investigation, the unit
responsible for the complaint may cease the investigation and, signing
and attaching its opinion, forward the case for review by the Commissioner
in charge. With the Chairperson's approval, the case shall either be filed
for reference, or closed by written response letter, and compiled with
other like matters for monthly presentation to the Commissioners' Meeting:
(1)
The matter is handled in accordance with Point 15.
(2)
The products sold under the representation or symbol continue to be sold,
but the respondent had already ceased or corrected the representation or
symbol (whether or not the representation or symbol was false) before the
complaint was filed.
(3)
The respondent had already suspended or ceased business or been dissolved
before the complaint was filed or, during the investigation, has suspended
or ceased business, been dissolved, or moved to an unknown location such
that the investigation is unable to proceed.
(4)
The same representation or symbol that the complainant cited in the complaint
against the enterprise has previously been the subject matter of a disposition
by the Commission under the fore part of Article 41 of the Law.
(5)
A same complainant has filed and withdrawn a complaint, and then subsequently
without legitimate reason filed another complaint against the enterprise
with respect to the same representation or symbol.
(6)
The complaint is a civil matter that does not involve trading order or
the public interest.
(7)
The complaint involves a criminal case.
(8)
More than one year has elapsed from the date of latest use of the representation
or symbol to the time of the complaint; provided, this restriction shall
not apply where the complainant afterward learned of the use of the violating
representation or symbol by the enterprise and filed the complaint within
six months from the day of so learning.
The
respondent enterprise bears the burden of proving circumstances under subparagraph
8 of the preceding paragraph; the complainant bears the burden of proving
that it learned of the violation only subsequently.
If
any of the following circumstances is present in a case in which the investigation
is ceased, the complainant shall be notified in writing or the matter referred
for handling by the relevant authorities:
(1)
In disputes solely involving private rights or interests, to which the
Civil Code or other special civil laws apply, such as defect warranties
in sales contracts, the complainant shall be requested to pursue remedy
directly through civil channels.
(2)
In cases involving criminal matters, such as fraud, the complainant shall
be requested to file a complaint (or file an information) with police/prosecutorial
authorities, accompanied by concrete evidence.
Matters
under the jurisdiction of other competent authorities should be referred
to the relevant competent authority for handling:
(1)
Where the content of advertisements for goods or services suggests or alludes
to medical efficacy, it should be referred to the Department of Health
for handling.
(2)
Cosmetics goods advertisements should be referred to the Department of
Health for handling.
(3)
Foods advertisements involving food sanitation administration should be
referred to the Department of Health for handling.
(4)
Advertisements for medical treatment should be referred to the Department
of Health for handling.
(5)
False labeling of dairy goods should be referred to the Department of Health
for handling.
(6)
Issues of whether labeling of general merchandise is false or misleading
should be referred to the Ministry of Economic Affairs for handling.
(7)
Tobacco and alcohol labeling/indications advertising should be referred
to the Department of National Treasury, Ministry of Finance for handling.
(8)
Advertisements of accredited private supplementary (cram) schools should
be referred to the competent authority for education.
(9)
False advertisements with respect to employment placement or employee recruitment
should be referred to the Council of Labor Affairs for handling.
(10)
Radio and television advertisements that were reviewed and approved by
the Government Information Office should be referred to the Government
Information Office for handling.
(11)
Pornographic advertisements and advertisements involving occult or paranormal
powers or phenomena should be referred to the Government Information Office
for handling.
(12)
Travel services advertisements should be referred to the Tourism Bureau
of the Ministry of Transportation and Communications for handling.
(13)
False or misleading advertisements by securities or futures enterprises
should be referred to the Securities and Futures Commission, Ministry of
Finance for handling.
(14)
Cases of advertisements causing people to wrongly assume that an advertiser
who has not duly obtained certified public accountant credentials has such
credentials should be handled by the Ministry of Finance.
(15)
Matters concerning the protection of consumer rights and interests¡Xe.g.
consumer safety, effectiveness of standard form contract clauses, special
types of sale, or an enterprise operator's duty of truthfulness in goods
advertisements¡Xwhere determined to involve only private rights disputes
and to cause insignificant impairment to trading order or the public interest,
should be referred to the Consumer Protection Commission for forwarding
to the relevant agencies responsible for consumer dispute resolution for
handling.
(16)
Matters concerning required labeling or required accompanying warranties
for goods (or services), or exaggerated claims contained on product packaging,
should be referred to the Consumer Protection Commission for forwarding
to the relevant agencies responsible for consumer dispute resolution for
handling.
(17)
Other matters decided through coordination between the Commission and another
administrative agency shall first be handled by the other agency.
(18)
In addition to those set forth in the preceding subparagraphs, the following
criteria shall be observed in determining whether a matter should be handled
by another agency:
1.
Special laws take precedence over general laws.
2.
Strict laws take precedence over lenient laws.
The
following principles shall be observed when determining "effect on trading
order or public interest" as referred to in these Principles:
(1)
Number of victims.
(2)Whether
a practice is a prevalent phenomenon in the given industry.
(3)
Reprehensibility in terms of commercial ethics.
(4)
Degree of impairment to effective competition.
Chapter
3 Categorization of Unlawful Conduct
Under
any of the following circumstances, a representation or symbol is "false
or misleading" for purposes of Article 21 of the Law:
(1)
A representation or symbol causes people to wrongly assume the enterprise
in question is the (sole) agent, (sole) distributor, branch, maintenance
center, or service station of another enterprise, or so forth, and so has
certain qualifications, credibility, or other qualities sufficient to persuade
trading counterparts to do business with it.
(2)
A representation or symbol causes people to wrongly assume that a government
agency or non-profit (philanthropic) organization is a sponsor or co-sponsor
[of an enterprise] or that it is related to a government agency or non-profit
(philanthropic) organization.
(3)
A representation or symbol causes people to wrongly assume that a name
of another enterprise or brand name of a good has changed.
(4)
A representation or symbol exaggerates the scale of business operations
or the time of founding or duration of existence of an enterprise or brand
of goods (services), where the discrepancy is excessive.
(5)
A representation or symbol falsely claims technology (cooperation) of,
or licensing by, another person.
(6)
A representation or symbol causes people to wrongly assume [an enterprise]
has been awarded a certain prize, to enhance the status of its goods (or
services).
(7)
A representation or symbol causes people to wrongly assume [an enterprise]
has patent or trademark licensing or other intellectual property rights.
(8)
A representation or symbol causes people to wrongly assume [an enterprise]
is the sole vendor of specific goods (or services).
(9)
A representation or symbol causes people to wrongly assume [an enterprise's]
goods (or services) are covered by liability insurance.
(10)
A representation or symbol of list price differs for an extended period
from actual selling price, where the discrepancy is excessive.
(11)
Price is labeled long-term as "discounted," or a similar pretence, where
the price is actually the original price.
(12)
Minimum prices are represented, where there are no, or too few, goods (or
services) available at the minimum price, and where such circumstance would
be unacceptable to people in general.
(13)
A representation or symbol causes people to wrongly assume that the goods
(or services) claimed can be obtained upon payment of a certain price.
(14)
A representation or symbol contains specific numbers inconsistent with
actual numbers, where the degree of discrepancy exceeds that acceptable
to trading counterparts in general.
(15)
A representation or symbol claims to provide service items or grades inconsistent
with those actually provided, where the degree of discrepancy exceeds that
acceptable to trading counterparts in general.
(16)
A representation or symbol claims [wrongfully] goods (or services) of a
certain quality, where the degree of discrepancy exceeds that acceptable
to trading counterparts in general.
(17)
A representation or symbol causes people to wrongly assume goods (or services)
have been awarded certification or approval by a government agency.
(18)
A representation or symbol cites content of an official document, causing
people to wrongly assume the quality of the goods (or services).
(19)
A representation or symbol causes people to mistake the identity of the
actual presenter or author of publications or persons involved in the work
of preparing them.
(20)
A representation or symbol causes people to wrongly assume goods fulfill
specific functions, where the degree of discrepancy exceeds that acceptable
to a typical trading counterpart.
(21)
A representation or symbol fails to clearly indicate conditions, burdens,
expiry, or other restrictions that actually apply.
(22)
A representation or symbol describes collectively goods (or services) having
different qualifications, natures, or qualities, causing people to wrongly
assume that the goods (or services) mentioned all possess the same qualifications,
natures, or qualities.
(23)
Labeling/indications representing or symbolizing a place (country) of origin
of a product cause people to wrongly assume it was produced or manufactured
in such place (country) of origin; provided, this shall not apply where
the name of the place of origin is already in general use as a description
of [such] products.
(24)
A representation or symbol by an enterprise engaged in the marketing of
investment products or services causes people to wrongly assume its franchisees
or distributors earn high incomes.
(25)
A representation or symbol causes people to wrongly assume the viewership
rating of a program.
(26)
A representation or symbol of a rate of interest/yield is inconsistent
with rates of interest/yield in actual transactions, where the degree of
discrepancy exceeds that acceptable to a typical trading counterpart.
(27)
A representation or symbol causes people to wrongly identify the producer
or supplier of the goods (or services).
(28)
A representation or symbol causes people to wrongly assume that the government
will hold examinations for specific credentials or public offices or certification
tests for specific professions.
(29)
A representation or symbol is inconsistent with reality with respect to
the content of the special deal offered in a gift (or prize) promotion
activity, the participation rules (number of participants, duration, quantities,
methods), or the prize drawing date; or fails to clearly indicate attached
conditions, burdens, or other restrictions.
Under
any of the following circumstances, a representation or symbol concerning
real property is "false or misleading" for purposes of Article 21 of
the Law:
(1) Industrial residences:
(i) An advertisement fails to indicate that a construction site is
confined to use as an "industrial zone" or "Type D Construction Land."
(ii) An advertisement indicates that that a construction
site is confined to use as an "industrial zone" or "Type D Construction
Land," but such annotation is obviously deficient relative to other explanatory
portions of the advertisement.
(iii) An advertisement fails to expressly indicate
that a building is for industrial-related use.
(iv) An advertisement uses ordinary residential accessories
in an illustration, or a textual description suggests that the building
is suitable for residential use.
(v) An advertisement's claims concerning the use of
a building differ from the building or usage permit.
(2)
Public housing advertisements:
(i) An advertisement presents housing for sale
under the name of "public housing" without having obtained the permission
of the competent authorities.
(ii) An advertisement by a construction enterprise
encourages investment in construction of public housing, causing people
to wrongly assume that a government agency is a sponsor or co-sponsor.
(iii) An advertisement leads people to wrongly
assume that people can get preferential loans for public housing without
restrictions on purchaser eligibility.
(iv) Only a portion of a building(s) has been
approved for construction as public housing, but an advertisement causes
people to wrongly assume that the entire building(s) is public housing.
(v) A construction enterprise makes an advertisement
for public housing in the form of a "public announcement," and the advertisement
conceals the advertiser, or the content published in a "public announcement"
is insufficient to identify the transaction principal or is sufficient
to cause people to wrongly assume that public housing is being directly
built and sold by a government agency.
(3)
Building location: The building location in an advertisement is inconsistent
with reality, and the discrepancy is of a degree unacceptable to the general
public.
(4)
Building area:
(i) The advertised aggregate building or land
area of a building is inconsistent with the area recorded on the certificate
of title
(ii) The advertised aggregate building or land
area of a building is consistent with the area recorded on the certificate
of title, but the following circumstances are present:
(a) A construction enterprise uses in an advertisement
non-statutory language such as "usable area," "common area" "indoor
area," "beneficiary area," "public facilities," "beneficiary certificate,"
or so forth, in a representation or symbol of the area of a building, and
fails in the advertisement to conspicuously annotate in a commensurate
font the scope encompassed thereby, leading people to misapprehend the
area size.
(b) A construction firm uses statutory language
(e.g. "building area," "base area," "main building area," "ancillary
building area," "area of common-use portions") in a representation of
a building area, but the area size represented is inconsistent with the
rightful area under such statutory language or with the registered area,
and the discrepancy would be unacceptable to the general consumer public.
(iii) A representation in an advertisement
of a specific numeric proportion of commonly owned or common-use facilities
of a building(s) that is inconsistent with that of the completed building
as built.
(5)
Appearance, design, layout, building environment (commonly owned or common-use
portions of a building with divided ownership rights, e.g. strolling paths,
wading pools, gyms, gardens, swimming pools, pavilions, and so forth):
(i) The appearance, design, or layout of a
building are inconsistent with an advertisement/poster.
(ii) The appearance, design, or layout of a
building are consistent with an advertisement/poster, but are inconsistent
with the construction layout plan or the as-built drawings, and the units
responsible for construction administration have determined it to be an
illegal structure.
(iii) Facilities depicted are not among the
deliverables or accompanying deliverables but are likely to be mistaken
as such.
(6)
Building materials and equipment: Representations or symbols in an advertisement
with respect to the building materials of a building are inconsistent with
reality, and the discrepancy would be unacceptable to the general consumer
public.
(7)
Building advertisements inconsistent with commonly owned public facilities
and transportation:
(i) Representations of an advertisement with
respect to publicly owned common facilities (e.g. schools, parks, schools,
athletic fields, government agencies, and so forth) are inconsistent with
objective conditions at the time of use of the advertisement or actual
conditions after completion of construction, and the discrepancy would
be unacceptable to the general consumer public.
(ii) A representation or symbol of unfinished
publicly owned common facilities or transportation roads in a sales advertisement
for a building(s) causes people to wrongly assume they are already completed.
(iii) Representations in an advertisement with
respect to traffic conditions or travel times or distances are not calculated
on the basis of road conditions available in actual use.
(8)
Labeling of real estate brokerage franchises: fails to conspicuously annotate
the wording "Franchise" on advertisements, billboards, or business cards,
causing people to wrongly believe it is a directly operated outlet of the
brokerage.
(9)
A [representation or symbol] causes people to wrongly assume that a building
permit has been obtained.
(10)
An ossuary advertisement causes people to wrongly assume permission has
been obtained for its use, development, or so forth.
(11)
A representation of building use in an advertisement is inconsistent with
the use stated on the building license (or use license), where the use
may not be changed under urban planning or construction administration
laws or regulations.
(12)
Duplex:
An apartment represented in an advertisement
is a loft space, and a representation is made in text, photographs (illustrations),
reference designs illustrations, floor plans, sectional elevation diagrams,
or housing models, that a duplex level is inserted or more usage area is
available than in the original building design, and any of the following
circumstances exists:
(i) The advertised floor plan is inconsistent
with the construction plans or as-built drawings.
(ii) The advertisement fails to clearly indicate
restrictions on the construction of inserted duplex levels under building
laws and regulations (restrictions on levels, area, materials, floor area
ratios¡Kand so forth).
(iii) It has been confirmed as an illegal structure
by construction administration agencies.
(13)
A building's view or landscape are inconsistent with advertising representations,
and the discrepancy would be unacceptable to the general consumer public.
(14)
Parking spaces:
An advertisement is inconsistent with the construction
(or as-built) drawings, and the spaces have been determined to be illegal
by the competent authority for construction. The same applies even if parking
spaces subsequently actually delivered by the construction firm are consistent
with the advertisement.
-
Violation
of a provision of the Law by a comparative advertisement of an enterprise
shall be handled under the Commission's "Synoptic List of Comparative
Advertising in Violation of the Fair Trade Law."
-
If ordering an enterprise that has violated
paragraph 1 or paragraph 3 of Article 21 of the Fair Trade Law to publish
a corrective advertisement can prevent, eliminate, or remedy the harm caused
by its conduct, the case should be handled in accordance with the Principles
for the Handling of Cases in Which the Fair Trade Commission Orders Publication
of Corrective Advertisements.
-
In
addition to the circumstances enumerated in Points 20 through 22, any other
representation or symbol by an enterprise that conforms to the criteria
of a false or misleading representation or symbol sufficient to affect
reasonable judgment-making and trading decisions under Points 7 to 8 is
also false or misleading for purposes of Article 21 of the Law.
Chapter
4 Supplementary Provisions
-
When
handling cases under Article 21 of the Law, the responsible department
shall specifically cite provisions of these Principles when submitting
their proposals to the Commissioners' Meeting, except in matters on which
these Principles are silent. Where
a proposal submitted for the handling of a specific case is inconsistent
with the provisions of these Principles, the case shall be handled in accordance
with these Principles, unless a proposal is submitted to the Commissioners'
Meeting to amend these Principles.