15 U.S.C. § 70b — Misbranded and falsely advertised textile

Page 112 TITLE 15—COMMERCE AND TRADE § 70b practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Sale, offering for sale, advertising, delivery, transportation of products advertised for sale in commerce The sale, offering for sale, advertising, deliv- ery, transportation, or causing to be trans- ported, of any textile fiber product which has been advertised or offered for sale in commerce, and which is misbranded or falsely or decep- tively advertised, within the meaning of this subchapter or the rules and regulations promul- gated thereunder, is 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 et seq.]. (c) Sale, offering for sale, advertising, delivery, transportation of products after shipment in commerce The sale, offering for sale, advertising, deliv- ery, transportation, or causing to be trans- ported, after shipment in commerce, of any tex- tile fiber product, whether in its original state or contained in other textile fiber products, which is misbranded or falsely or deceptively ad- vertised, within the meaning of this subchapter or the rules and regulations promulgated there- under, is unlawful, and shall be an unfair meth- od of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (d) Application of section to common carrier, freight forwarder, etc. This section shall not apply— (1) to any common carrier or contract car- rier or freight forwarder with respect to a tex- tile fiber product received, shipped, delivered, or handled by it for shipment in the ordinary course of its business; (2) to any processor or finisher in performing a contract for the account of a person subject to the provisions of this subchapter if the processor or finisher does not change the tex- tile fiber content of the textile fiber product contrary to the terms of such contract; (3) with respect to the manufacture, delivery for transportation, transportation, sale, or of- fering for sale of a textile fiber product for ex- portation from the United States to any for- eign country; (4) to any publisher or other advertising agency or medium for the dissemination of ad- vertising or promotional material, except the manufacturer, distributor, or seller of the tex- tile fiber product to which the false or decep- tive advertisement relates, if such publisher or other advertising agency or medium furnishes to the Commission, upon request, the name and post office address of the manufacturer, distributor, seller, or other person residing in the United States, who caused the dissemina- tion of the advertising material; or (5) to any textile fiber product until such product has been produced by the manufac- turer or processor in the form intended for sale or delivery to, or for use by, the ultimate consumer: Provided, That this exemption shall apply only if such textile fiber product is cov- ered by an invoice or other paper relating to the marketing or handling of the textile fiber product and such invoice or paper correctly discloses the information with respect to the textile fiber product which would otherwise be required under section 70b of this title to be on the stamp, tag, label, or other identification and the name and address of the person issuing the invoice or paper. (Pub. L. 85–897, § 3, Sept. 2, 1958, 72 Stat. 1718.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsecs. (a) to (c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. § 70b. Misbranded and falsely advertised textile fiber products (a) False or deceptive identification Except as otherwise provided in this sub- chapter, a textile fiber product shall be mis- branded if it is falsely or deceptively stamped, tagged, labeled, invoiced, advertised, or other- wise identified as to the name or amount of con- stituent fibers contained therein. (b) Stamp, tag, label or other means of identifica- tion; contents Except as otherwise provided in this sub- chapter, a textile fiber product shall be mis- branded if a stamp, tag, label, or other means of identification, or substitute therefor authorized by section 70c of this title, is not on or affixed to the product showing in words and figures plainly legible, the following: (1) The constituent fiber or combination of fibers in the textile fiber product, designating with equal prominence each natural or manu- factured fiber in the textile fiber product by its generic name in the order of predominance by the weight thereof if the weight of such fiber is 5 per centum or more of the total fiber weight of the product, but nothing in this sec- tion shall be construed as prohibiting the use of a nondeceptive trademark in conjunction with a designated generic name: Provided, That exclusive of permissible ornamentation, any fiber or group of fibers present in an amount of 5 per centum or less by weight of the total fiber content shall not be designated by the generic name or the trademark of such fiber or fibers, but shall be designated only as ‘‘other fiber’’ or ‘‘other fibers’’ as the case may be, but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite func- tional significance where present in the amount contained in such product. (2) The percentage of each fiber present, by weight, in the total fiber content of the textile fiber product, exclusive of ornamentation not exceeding 5 per centum by weight of the total fiber content: Provided, That, exclusive of per- missible ornamentation, any fiber or group of fibers present in an amount of 5 per centum or less by weight of the total fiber content shall Page 113 TITLE 15—COMMERCE AND TRADE § 70b not be designated by the generic name or trademark of such fiber or fibers, but shall be designated only as ‘‘other fiber’’ or ‘‘other fi- bers’’ as the case may be but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount stated: Provided further, That in the case of a textile fiber product which contains more than one kind of fiber, deviation in the fiber content of any fiber in such product, from the amount stated on the stamp, tag, label, or other identification shall not be a misbranding under this section unless such deviation is in excess of reasonable toler- ances which shall be established by the Com- mission: And provided further, That any such deviation which exceeds said tolerances shall not be a misbranding if the person charged proves that the deviation resulted from un- avoidable variations in manufacture and de- spite due care to make accurate the state- ments on the tag, stamp, label, or other iden- tification. (3) The name, or other identification issued and registered by the Commission, of the man- ufacturer of the product or one or more per- sons subject to section 70a of this title with re- spect to such product. (4) If it is an imported textile fiber product the name of the country where processed or manufactured. (5) If it is a textile fiber product processed or manufactured in the United States, it be so identified. (c) False or deceptive advertisement For the purposes of this subchapter, a textile fiber product shall be considered to be falsely or deceptively advertised if any disclosure or im- plication of fiber content is made in any written advertisement which is used to aid, promote, or assist directly or indirectly in the sale or offer- ing for sale of such textile fiber product, unless the same information as that required to be shown on the stamp, tag, label, or other identi- fication under subsection (b)(1) and (2) is con- tained in the heading, body, or other part of such written advertisement, except that the per- centages of the fiber present in the textile fiber product need not be stated. (d) Additional information allowed In addition to the information required in this section, the stamp, tag, label, or other means of identification, or advertisement may contain other information not violating the provisions of this subchapter. (e) Labelling of packages For purposes of this subchapter, in addition to the textile fiber products contained therein, a package of textile fiber products intended for sale to the ultimate consumer shall be mis- branded unless such package has affixed to it a stamp, tag, label, or other means of identifica- tion bearing the information required by sub- section (b), with respect to such contained tex- tile fiber products, or is transparent to the ex- tent it allows for the clear reading of the stamp, tag, label, or other means of identification on the textile fiber product, or in the case of ho- siery items, this section shall not be construed as requiring the affixing of a stamp, tag, label, or other means of identification to each hosiery product contained in a package if (1) such ho- siery products are intended for sale to the ulti- mate consumer in such package, (2) such pack- age has affixed to it a stamp, tag, label, or other means of identification bearing, with respect to the hosiery products contained therein, the in- formation required by subsection (b), and (3) the information on the stamp, tag, label, or other means of identification affixed to such package is equally applicable with respect to each textile fiber product contained therein. (f) Fabric severed from bolts, pieces or rolls of fabric This section shall not be construed as requir- ing designation of the fiber content of any por- tion of fabric, when sold at retail, which is sev- ered from bolts, pieces, or rolls of fabric labeled in accordance with the provisions of this section at the time of such sale: Provided, That if any portion of fabric severed from a bolt, piece, or roll of fabric is in any manner represented as containing percentages of natural or manufac- tured fibers, other than that which is set forth on the labeled bolt, piece, or roll, this section shall be applicable thereto, and the information required shall be separately set forth and seg- regated as required by this section. (g) Advertisement of textile product by use of name or symbol of fur-bearing animal For the purposes of this subchapter, a textile fiber product shall be considered to be falsely or deceptively advertised if the name or symbol of any fur-bearing animal is used in the advertise- ment of such product unless such product, or the part thereof in connection with which the name or symbol of a fur-bearing animal is used, is a fur or fur product within the meaning of the Fur Products Labeling Act [15 U.S.C. 69 et seq.]: Pro- vided, however, That where a textile fiber prod- uct contains the hair or fiber of a fur-bearing animal, the name of such animal, in conjunction with the word ‘‘fiber’’, ‘‘hair’’, or ‘‘blend’’, may be used. (h) Reused stuffing For the purposes of this subchapter, a textile fiber product shall be misbranded if it is used as stuffing in any upholstered product, mattress, or cushion after having been previously used as stuffing in any other upholstered product, mat- tress, or cushion, unless the upholstered prod- uct, mattress, or cushion containing such tex- tile fiber product bears a stamp, tag, or label ap- proved by the Commission indicating in words plainly legible that it contains reused stuffing. (i) Mail order catalog or promotional material For the purposes of this subchapter, a textile fiber product shall be considered to be falsely or deceptively advertised in any mail order catalog or mail order promotional material which is used in the direct sale or direct offering for sale of such textile fiber product, unless such textile fiber product description states in a clear and conspicuous manner that such textile fiber prod- uct is processed or manufactured in the United States of America, or imported, or both. Page 114 TITLE 15—COMMERCE AND TRADE § 70c (j) Location of stamp, tag, label, or other identi- fication For purposes of this subchapter, any textile fiber product shall be misbranded if a stamp, tag, label, or other identification conforming to the requirements of this section is not on or af- fixed to the inside center of the neck midway be- tween the shoulder seams or, if such product does not contain a neck, in the most con- spicuous place on the inner side of such product, unless it is on or affixed on the outer side of such product, or in the case of hosiery items on the outer side of such product or package. (k) Marking of certain sock products (1) Notwithstanding any other provision of law, socks provided for in subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall be marked as legibly, indelibly, and permanently as the nature of the article or package will permit in such a manner as to indi- cate to the ultimate consumer in the United States the English name of the country of origin of the article. The marking required by this sub- section shall be on the front of the package, ad- jacent to the size designation of the product, and shall be set forth in such a manner as to be clearly legible, conspicuous, and readily acces- sible to the ultimate consumer. (2) EXCEPTIONS.—Any package that contains several different types of goods and includes socks classified under subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall not be subject to the requirements of paragraph (1). (Pub. L. 85–897, § 4, Sept. 2, 1958, 72 Stat. 1719; Pub. L. 89–35, §§ 1, 2, June 5, 1965, 79 Stat. 124; Pub. L. 98–417, title III, §§ 301–303, Sept. 24, 1984, 98 Stat. 1603, 1604; Pub. L. 108–429, title II, § 2004(h)(1), Dec. 3, 2004, 118 Stat. 2594.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsec. (k), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. The Fur Products Labeling Act, referred to in subsec. (g), is act Aug. 8, 1951, ch. 298, 65 Stat. 175, which is classified generally to subchapter IV (§ 69 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 69 of this title and Tables. AMENDMENTS 2004—Subsec. (k). Pub. L. 108–429 added subsec. (k). 1984—Subsec. (b)(5). Pub. L. 98–417, § 301, added par. (5). Subsec. (e). Pub. L. 98–417, § 302, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘This section shall not be construed as requiring the affixing of a stamp, tag, label, or other means of identification to each textile fiber product contained in a package if (1) such textile fiber products are intended for sale to the ultimate consumer in such package, (2) such package has affixed to it a stamp, tag, label, or other means of identification bearing, with respect to the textile fiber products contained therein, the infor- mation required by subsection (b) of this section, and (3) the information on the stamp, tag, label, or other means of identification affixed to such package is equally applicable with respect to each textile fiber product contained therein.’’ Subsecs. (i), (j). Pub. L. 98–417, § 303, added subsecs. (i) and (j). 1965—Subsec. (b)(1). Pub. L. 89–35, § 1, inserted ‘‘, but nothing in this section shall be construed as prohib- iting the disclosure of any fiber present in a textile fiber product which has a clearly established and defi- nite functional significance where present in the amount contained in such product’’. Subsec. (b)(2). Pub. L. 89–35, § 2, inserted ‘‘, but noth- ing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount stated’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–429, title II, § 2004(h)(2), Dec. 3, 2004, 118 Stat. 2594, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on the date that is 15 months after the date of enact- ment of this Act [Dec. 3, 2004], and on and after the date that is 15 months after such date of enactment, any provision of part 303 of title 16, Code of Federal Regula- tions, that is inconsistent with such amendment shall not apply.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–417 effective 90 days after Sept. 24, 1984, see section 307 of Pub. L. 98–417, set out as a note under section 68b of this title. § 70c. Removal of stamp, tag, label, or other iden- tification (a) Removal or mutilation after shipment in com- merce After shipment of a textile fiber product in commerce it shall be unlawful, except as pro- vided in this subchapter, to remove or mutilate, or cause or participate in the removal or mutila- tion of, prior to the time any textile fiber prod- uct is sold and delivered to the ultimate con- sumer, any stamp, tag, label, or other identifica- tion required by this subchapter to be affixed to such textile fiber product, and any person vio- lating this section shall be guilty of an unfair method of competition, and an unfair or decep- tive act or practice, under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Substitution of stamp, tag, etc. Any person— (1) introducing, selling, advertising, or offer- ing for sale, in commerce, or importing into the United States, a textile fiber product sub- ject to the provisions of this subchapter, or (2) selling, advertising, or offering for sale a textile fiber product whether in its original state or contained in other textile fiber prod- ucts, which has been shipped, advertised, or of- fered for sale, in commerce, may substitute for the stamp, tag, label, or other means of identification required to be af- fixed to such textile product pursuant to section 70b(b) of this title, a stamp, tag, label, or other means of identification conforming to the re- quirements of section 70b(b) of this title, and such substituted stamp, tag, label, or other means of identification shall show the name or