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15 U.S.C. § 1452 — Unfair and deceptive packaging and labeling; scope of prohibition
Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonconforming labels** It shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this chapter) for distribution in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to be distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter and of regulations promulgated under the authority of this chapter.
**(b) Exemptions** The prohibition contained in subsection (a) shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled.
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Source file: Laws/federal/codes/united-states-code/title-15/section-1452-unfair-and-deceptive-packaging-and-labeling-scope-of-prohibition--48eddf666f.md
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Source location: Title 15, Chapter 39, § 1452; chapter-039-fair-packaging-and-labeling-program.md
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**(a) Nonconforming labels** It shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this chapter) for distribution in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to be distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter and of regulations promulgated under the authority of this chapter.
**(b) Exemptions** The prohibition contained in subsection (a) shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents of label** No person subject to the prohibition contained in [section 1452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1452&num=0&edition=prelim) shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to [section 1455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1455&num=0&edition=prelim) which shall provide that—
(1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor;
(2) The net quantity of contents (in terms of weight or mass, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label, using the most appropriate units of both the customary inch/pound system of measure, as provided in paragraph (3) of this subsection, and, except as provided in paragraph (3)(A)(ii) or paragraph (6) of this subsection, the SI metric system;
(3) The separate label statement of net quantity of contents appearing upon or affixed to any package—
(A)
(i) if on a package labeled in terms of weight, shall be expressed in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart;
(ii) if on a random package, may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than three decimal
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Misbranded consumer commodities** Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim)), and which is introduced or delivered for introduction into commerce in violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, shall be deemed to be misbranded within the meaning of chapter III of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 331](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section331&num=0&edition=prelim) et seq.], but the provisions of section 303 of that Act ([21 U.S.C. 333](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section333&num=0&edition=prelim)) shall have no application to any violation of [section 1452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1452&num=0&edition=prelim).
**(b) Unfair or deceptive acts or practices in commerce** Any violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, with respect to any consumer commodity which is not a food, drug, device, or cosmetic, shall constitute an unfair or deceptive act or practice in commerce in violation of [section 45(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a&num=0&edition=prelim) and shall be subject to enforcement under [section 45(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/b&num=0&edition=prelim).
**(c) Imports** In the case of any imports into the United States of any con
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Federal law — U.S. Code and appendices · legal_authorities
Page 1411
TITLE 15—COMMERCE AND TRADE
§ 1453
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 89–755, § 13, Nov. 3, 1966, 80 Stat. 1302, provided
that: ‘‘This Act [enacting this chapter] shall take effect
on July 1, 1967: Provided, That the Secretary (with re-
spect to any consumer commodity which is a food,
drug, device, or cosmetic, as those terms are defined by
the Federal Food, Drug, and Cosmetic Act) [section 301
et seq. of Title 21, Food and Drugs], and the Commis-
sion (with respect to any other consumer commodity)
may by regulation postpone, for an additional twelve-
month period, the effective date of this Act [this chap-
ter] with respect to any class or type of consumer com-
modity on the basis of a finding that such a postpone-
ment would be in the public interest.’’
SHORT TITLE
Pub. L. 89–755, § 1, Nov. 3, 1966, 80 Stat. 1296, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Fair Packaging and Labeling Act’.’’
§ 1452. Unfair and deceptive packaging and label-
ing; scope of prohibition
(a) Nonconforming labels
It shall be unlawful for any person engaged in
the packaging or labeling of any consumer com-
modity (as defined in this chapter) for distribu-
tion in commerce, or for any person (other than
a common carrier for hire, a contract carrier for
hire, or a freight forwarder for hire) engaged in
the distribution in commerce of any packaged or
labeled consumer commodity, to distribute or to
cause to be distributed in commerce any such
commodity if such commodity is contained in a
package, or if there is affixed to that commodity
a label, which does not conform to the provi-
sions of this chapter and of regulations promul-
gated under the authority of this chapter.
(b) Exemptions
The prohibition con
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