Federal Trade Commission § 243.4
(2) Under this section, unqualified usage of that term. Examples of im- phrases such as ‘‘walnut’’, ‘‘walnut fin- proper use of the term ‘‘mahogany’’ in- ish’’, ‘‘in walnut’’, ‘‘fruitwood’’, ‘‘oak’’, clude reference to Red Lauan as ‘‘mahogany finish’’, and other terms of ‘‘Lauan mahogany’’ or to White Lauan similar import or meaning, will not be as ‘‘Blond Lauan mahogany’’. Such adequate. But statements such as woods, however, may be described as ‘‘walnut stain’’, ‘‘maple stain finish’’, ‘‘Red Lauan’’ or ‘‘Lauan’’ or ‘‘White ‘‘mahogany finish on gum’’, ‘‘photo- Lauan’’, respectively. The term ‘‘Phil- graphically reproduced pecan grain’’, ippine mahogany’’ will be accepted as a ‘‘printed pecan design’’, ‘‘fruitwood fin- name or designation of the seven woods ish on selected hardwood veneer’’, named above. Such term shall not be ‘‘cherry grain finish on vinyl overlay’’ applied to any other wood, whether or and ‘‘walnut finish on other hard- not grown on the Philippine Islands. woods’’ (or ‘‘softwoods’’, as the case (4) The term ‘‘mahogany’’, with or may be) will satisfy this provision if without qualifications, should not be such statements are factually correct and appear in contexts which are oth- used to describe any other wood except erwise nondeceptive. 2 [Guide 2] as provided above. This applies also to any of the woods belonging to the § 243.3 Deceptive use of wood names. Meliaceae family, other than genera Industry members should not use any Swietenia and Khaya. direct or indirect representation con- (c) Maple. The terms hard maple, rock cerning the identity of the wood in in- maple, bird’s-eye maple, Northern maple dustry products that is false or likely or other terms of similar nature should to mislead purchasers as to the actual not be used to describe woods other wood composition. than those known under the lumber (a) Walnut. The unqualified term wal- trade names of Black Maple (Acer nut should not be used to describe wood nigrum) and Sugar Maple (Acer other than genuine solid walnut (genus saccharum). Juglans). The term black walnut should NOTE: Nothing in this section should be be applied only to the species Juglans construed as prohibiting the nondeceptive nigra. use of wood names to describe the color, (b) Mahogany. (1) The unqualified stain, simulated finish, or appearance of in- term mahogany should not be used to dustry products; Provided, That appropriate describe wood other than genuine solid qualifications are made in accordance with provisions in § 243.2(d). mahogany (genus Swietenia of the Meliaceae family). The woods of genus [Guide 3] Swietenia may be described by the term ‘‘mahogany’’ with or without a § 243.4 Imitations of materials other prefix designating the country or re- than wood. gion of its origin, such as ‘‘Honduras Industry members should not mis- mahogany’’. ‘‘Costa Rican mahogany’’. represent the composition of any in- ‘‘Brazilian mahogany’’ or ‘‘Mexican dustry product, or part thereof, or fail mahogany’’. to disclose any material fact concern- (2) The term ‘‘mahogany’’ may be ing the composition of an industry used to describe solid wood of the product when the failure to do so has genus Khaya of the Meliaceae family, the capacity and tendency or effect of but only when prefixed by the word ‘‘African’’ (e.g., ‘‘African mahogany’’). deceiving purchasers or prospective 3 (3) In naming or designating the purchasers. For example: seven nonmahogany Philippine woods (a) A hardboard panel having an imi- Tanguile, Red Lauan, White Lauan, tation marble finish should not be de- Tiaong, Almon, Mayapis, and scribed without qualification as ‘‘mar- Bagtikan, the term ‘‘mahogany’’ may ble’’, ‘‘onyx’’, ‘‘travertine’’ or ‘‘traver- be used but only when prefixed by the tine marble finish’’. Proper descrip- word ‘‘Philippine’’ (e.g., ‘‘Philippine tions would include ‘‘simulated marble mahogany’’), due to the long standing finish’’, ‘‘imitation marble-textured’’,
2 See paragraphs (b) and (c) of § 243.1. 3 See paragraphs (b) and (c) of § 243.1.
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