15 U.S.C. § 1452 — Unfair and deceptive packaging and label-

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 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 per- sons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such com- modities are packaged or labeled. (Pub. L. 89–755, § 3, Nov. 3, 1966, 80 Stat. 1296.) § 1453. Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity (a) Contents of label No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any pack- aged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 1455 of this title which shall provide that— (1) The commodity shall bear a label speci- fying the identity of the commodity and the name and place of business of the manufac- turer, 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 sys- tem 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 quan- tity 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 com- mon 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 ex- pressed in terms of pounds and decimal frac- tions of the pound carried out to not more than three decimal places and is not re- quired to, but may, include a statement in terms of the SI metric system carried out to not more than three decimal places; (iii) if on a package labeled in terms of lin- ear measure, shall be expressed in terms of the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remainder in terms of inches or common or decimal fractions of the foot or yard; (iv) if on a package labeled in terms of measure of area, shall be expressed in terms of the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any re- mainder in terms of square inches or com- mon or decimal fractions of the square foot or square yard; (B) shall appear in conspicuous and easily legible type in distinct contrast (by topog- raphy, layout, color, embossing, or molding) with other matter on the package; (C) shall contain letters or numerals in a type size which shall be (i) established in re- lationship to the area of the principal dis- play panel of the package, and (ii) uniform for all packages of substantially the same size; and (D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be dis- played; and (4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a state- ment of the net quantity (in terms of weight or mass, measure, or numerical count) of each such serving. (5) For purposes of paragraph (3)(A)(ii) of this subsection the term ‘‘random package’’ means a package which is one of a lot, ship- ment, or delivery of packages of the same con- sumer commodity with varying weights or masses, that is, packages with no fixed weight or mass pattern. (6) The requirement of paragraph (2) that the statement of net quantity of contents include a statement in terms of the SI metric system shall not apply to foods that are packaged at the retail store level.