15 U.S.C. § 68a — Misbranding declared unlawful

Page 101 TITLE 15—COMMERCE AND TRADE § 68b (h) The term ‘‘Territory’’ includes the insular possessions of the United States and also any Territory of the United States. (Oct. 14, 1940, ch. 871, § 2, 54 Stat. 1128; Pub. L. 96–242, § 1, May 5, 1980, 94 Stat. 344.) Editorial Notes REFERENCES IN TEXT The Act of September 26, 1914, referred to in subsec. (f), 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. The Federal Trade Commission Act approved March 21, 1938, referred to in subsec. (f), is act Mar. 21, 1938, ch. 49, 52 Stat. 111. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1980—Subsec. (c). Pub. L. 96–242, § 1(a), substituted ‘‘recycled wool’’ for ‘‘reprocessed wool’’ as term de- fined, designated existing definition as cl. (1), and added cl. (2). Subsecs. (d) to (i). Pub. L. 96–242, § 1(b)–(d), redesig- nated subsecs. (e) to (i) as (d) to (h), respectively, and, in subsec. (d) as so redesignated, substituted ‘‘con- taining wool or recycled wool’’ for ‘‘containing wool, reprocessed wool, or reused wool’’. Former subsec. (d), which defined term ‘‘reused wool’’, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–242, § 3, May 5, 1980, 94 Stat. 344, provided that: ‘‘The amendments made by this Act [amending this section and section 68b of this title] shall take ef- fect with respect to wool products manufactured on or after the date sixty days after the date of enactment of this Act [May 5, 1980].’’ EFFECTIVE DATE Act Oct. 14, 1940, ch. 871, § 12, 54 Stat. 1133, provided that: ‘‘This Act [this subchapter] shall take effect nine months after the date of its passage.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–428, § 1, Dec. 20, 2006, 120 Stat. 2913, pro- vided that: ‘‘This Act [amending section 68b of this title and enacting provisions set out as a note under section 68b of this title] may be cited as the ‘Wool Suit Fabric Labeling Fairness and International Standards Conforming Act’.’’ SHORT TITLE Act Oct. 14, 1940, ch. 871, § 1, 54 Stat. 1128, provided that: ‘‘This Act [this subchapter] may be cited as the ‘Wool Products Labeling Act of 1939’.’’ SEPARABILITY Act Oct. 14, 1940, ch. 871, § 13, 54 Stat. 1133, provided that: ‘‘If any provision of this Act [this subchapter], or the application thereof to any person, partnership, cor- poration, or circumstance is held invalid, the remain- der of the Act and the application of such provision to any other person, partnership, corporation, or cir- cumstance shall not be affected thereby.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 68a. Misbranding declared unlawful The introduction, or manufacture for intro- duction, into commerce, or the sale, transpor- tation, or distribution, in commerce, of any wool product which is misbranded within the meaning of this subchapter or the rules and reg- ulations hereunder, 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; and any per- son who shall manufacture or deliver for ship- ment or ship or sell or offer for sale in com- merce, any such wool product which is mis- branded within the meaning of this subchapter and the rules and regulations hereunder is guilty of an unfair method of competition, and an unfair and deceptive act or practice, in com- merce within the meaning of the Federal Trade Commission Act. This section shall not apply— (a) To any common carrier or contract carrier in respect to a wool product shipped or delivered for shipment in commerce in the ordinary course of its business; or (b) To any person manufacturing, delivering for shipment, shipping, selling, or offering for sale, for exportation from the United States to any foreign country a wool product branded in accordance with the specifications of the pur- chaser and in accordance with the laws of such country. (Oct. 14, 1940, ch. 871, § 3, 54 Stat. 1129.) § 68b. Misbranded wool products (a) False identification; affixation of label, etc., contents A wool product shall be misbranded— (1) If it is falsely or deceptively stamped, tagged, labeled, or otherwise identified. (2) If a stamp, tag, label, or other means of identification, or substitute therefor under section 68c of this title, is not on or affixed to the wool product and does not show— (A) the percentage of the total fiber weight of the wool product, exclusive of ornamenta- tion not exceeding 5 per centum of said total fiber weight, of (1) wool; (2) recycled wool; (3) each fiber other than wool if said percent- age by weight of such fiber is 5 per centum or more; and (4) the aggregate of all other fi- bers: Provided, That deviation of the fiber contents of the wool product from percent- ages stated on the stamp, tag, label, or other means of identification, shall not be mis- branding under this section if the person charged with misbranding proves such devi- ation resulted from unavoidable variations in manufacture and despite the exercise of due care to make accurate the statements on such stamp, tag, label, or other means of identification. (B) the maximum percentage of the total weight of the wool product, of any non- fibrous loading, filling, or adulterating mat- ter. (C) the name of the manufacturer of the wool product and/or the name of one or more persons subject to section 68a of this title with respect to such wool product.