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15 U.S.C. § 1192 — Prohibited transactions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1192 — Prohibited transactions

**(a) Nonconforming products** The manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. **(b) Nonconforming components** The manufacture for sale, the sale, or the offering for sale, of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.].

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Stable record: federal_law:legal_authorities:record_usc_db089cba29bb4bc626ab5ea7
Source file: Laws/federal/codes/united-states-code/title-15/section-1192-prohibited-transactions--970f13b96e.md
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Passage SHA-256: cfb9f9a3554abb561cb1da2fc507fedd66fb04783892f548897dbb01887430d2

Source location: Title 15, Chapter 25, § 1192; chapter-025-flammable-fabrics.md

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**(a) Nonconforming products** The manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. **(b) Nonconforming components** The manufacture for sale, the sale, or the offering for sale, of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.].

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 58 — Short title

This subchapter may be cited as the “Federal Trade Commission Act”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 58

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1193 — Flammability standards or regulations

**(a) Proceedings by Commission for determination** Whenever the Commission finds on the basis of the investigations or research conducted pursuant to [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1201&num=0&edition=prelim) that a new or amended flammability standard or other regulation, including labeling, for a fabric, related material, or product may be needed to protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage, it shall institute proceedings for the determination of an appropriate flammability standard (including conditions and manner of testing) or other regulation or amendment thereto for such fabric, related material, or product. **(b) Necessary findings; effective date; exemptions** Each standard, regulation, or amendment thereto promulgated pursuant to this section shall be based on findings that such standard, regulation, or amendment thereto is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death, injury, or significant property damage, is reasonable, technologically practicable, and appropriate, is limited to such fabrics, related materials, or products which have been determined to present such unreasonable risks, and shall be stated in objective terms. Each such standard, regulation, or amendment thereto, shall become effective twelve months from the date on which such standard, regulation, or amendment is promulgated, unless the Commission finds for good cause shown that an earlier or later effective date is in the public interest and publishes the reason for such finding. Each such standard or regulation or amendment thereto shall exempt fabrics relate

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1193

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2079 — Transfers of functions

**(a) Hazardous substances and poisons** The functions of the Secretary of Health, Education, and Welfare under the Federal Hazardous Substances Act [[15 U.S.C. 1261](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261&num=0&edition=prelim) et seq.] and the Poison Prevention Packaging Act of 1970 [[15 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1471&num=0&edition=prelim) et seq.] are transferred to the Commission. The functions of the Secretary of Health, Education, and Welfare under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.], to the extent such functions relate to the administration and enforcement of the Poison Prevention Packaging Act of 1970, are transferred to the Commission. **(b) Flammable fabrics** The functions of the Secretary of Health, Education, and Welfare, the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics Act [[15 U.S.C. 1191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1191&num=0&edition=prelim) et seq.] are transferred to the Commission. The functions of the Federal Trade Commission under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.], to the extent such functions relate to the administration and enforcement of the Flammable Fabrics Act, are transferred to the Commission. **(c) Household refrigerators** The functions of the Secretary of Commerce and the Federal Trade Commission under the Act of August 2, 1956 [[15 U.S.C. 1211](https://uscode.house.gov/view.xhtml?req=granuleid:

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2079

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 41

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1194 — Administration and enforcement

**(a) Enforcement under Federal Trade Commission Act provisions; civil action to enforce standard or regulation** Except as otherwise specifically provided herein, sections 1192, 1194, 1195, and 1197(b) of this title shall be enforced by the Commission under rules, regulations and procedures provided for in the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. In the case of an attorney general of a State alleging a violation of a standard or regulation under [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim) that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of [section 2073 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2073&num=0&edition=prelim) shall apply to any such action. **(b) Application of Federal Trade Commission Act provisions** The Commission is authorized and directed to prevent any person from violating the provisions of [section 1192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim) in the same manner, by the same means and with the same jurisdiction, powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] were incorporated into and made a part of this chapter; and any such person violating any provision of [section 1192 of this title](ht

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1194

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1195 — Injunction and condemnation proceedings

**(a) Temporary injunction; venue** Whenever the Commission has reason to believe that any person is violating or is about to violate [section 1192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim), or a rule or regulation prescribed under [section 1194(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1194/c&num=0&edition=prelim), and that it would be in the public interest to enjoin such violation until complaint under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] is issued and dismissed by the Commission or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act or is set aside by the court on review, the Commission may bring suit in the district court of the United States for the district in which such person resides or transacts business, or, if such person resides or transacts business in Guam or the Virgin Islands, then in the District Court of Guam or in the District Court of the Virgin Islands (as the case may be), to enjoin such violation and upon proper showing a temporary injunction or restraining order shall be granted without bond. **(b) Process of libel for seizure and confiscation; manner of procedure; consolidation of trials** Whenever the Commission has reason to believe that any product has been manufactured or introduced into commerce or any fabric or related material has been introduced in commerce in violation of [section 1192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim), it ma

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1195

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1197 — Guaranties

**(a) Defense to prosecution** No person shall be subject to prosecution under [section 1196 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1196&num=0&edition=prelim) for a violation of [section 1192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim) if such person (1) establishes a guaranty received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received, to the effect that reasonable and representative tests made in accordance with standards issued or amended under the provisions of [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim) show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), and (2) has not, by further processing, affected the flammability of the fabric, related material, or product covered by the guaranty which he received. Such guaranty shall be either (1) a separate guaranty specifically designating the product, fabric, or related material guaranteed, in which case it may be on the invoice or other paper relating to such product, fabric, or related material; (2) a continuing guaranty given by seller to buyer applicable to any product, fabric, or related material sold or to be sold to buyer by seller in a form as the Commission by rules and regulations may prescribe;

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1197

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1192 — Prohibited transactions

Page 1344 TITLE 15—COMMERCE AND TRADE § 1192 ard, or requirement that is designed to protect against the risk of occurrence of fire, or to slow or prevent the spread of fire, with respect to upholstered furniture. ‘‘(2) PRESERVATION OF CERTAIN STATE LAW.—Nothing in this Act [probably means ‘‘this title’’] or the Flam- mable Fabrics Act (15 U.S.C. 1191 et seq.) may be con- strued to preempt or otherwise affect— ‘‘(A) any State or local law, regulation, code, standard, or requirement that— ‘‘(i) concerns health risks associated with up- holstered furniture; and ‘‘(ii) is not designed to protect against the risk of occurrence of fire, or to slow or prevent the spread of fire, with respect to upholstered fur- niture; ‘‘(B) sections 1374 through 1374.3 of title 4, Cali- fornia Code of Regulations (except for subsections (b) and (c) of section 1374 of that title), as in effect on the date of enactment of this Act [Dec. 27, 2020]; or ‘‘(C) the California standard.’’ HAZARDOUS SUBSTANCES Federal Hazardous Substances Act as not modifying this chapter or regulations promulgated thereunder, see Pub. L. 86–613, § 18, (formerly § 17), July 12, 1960, 74 Stat. 380, as amended Pub. L. 89–756, § 4(a), Nov. 3, 1966, 80 Stat. 1305; renumbered and amended Pub. L. 91–113, § 4(a), (b)(1), Nov. 6, 1969, 83 Stat. 190, set out as a note under section 1261 of this title. § 1192. Prohibited transactions (a) Nonconforming products The manufacture for sale, the sale, or the of- fering for sale, in commerce, or the importation into the United States, or the introduction, de- livery for introduction, transportation or caus- ing to be transported, in commerce, or the sale or delivery after a sale or shipment in com- merce, of any product, fabric, or related mate- rial which f

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1192

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 41

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