15 U.S.C. § 68b — Misbranded wool products

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. Page 102 TITLE 15—COMMERCE AND TRADE § 68b (D) the name of the country where proc- essed or manufactured. (3) In the case of a wool product containing a fiber other than wool, if the percentages by weight of the wool contents thereof are not shown in words and figures plainly legible. (4) In the case of a wool product represented as wool, if the percentages by weight of the wool content thereof are not shown in words and figures plainly legible, or if the total fiber weight of such wool product if not 100 per cen- tum wool exclusive of ornamentation not ex- ceeding 5 per centum of such total fiber weight. (5) In the case of a wool product stamped, tagged, labeled, or otherwise identified as— (A) ‘‘Super 80’s’’ or ‘‘80’s’’, if the average diameter of wool fiber of such wool product does not average 19.75 microns or finer; (B) ‘‘Super 90’s’’ or ‘‘90’s’’, if the average diameter of wool fiber of such wool product does not average 19.25 microns or finer; (C) ‘‘Super 100’s’’ or ‘‘100’s’’, if the average diameter of wool fiber of such wool product does not average 18.75 microns or finer; (D) ‘‘Super 110’s’’ or ‘‘110’s’’, if the average diameter of wool fiber of such wool product does not average 18.25 microns or finer; (E) ‘‘Super 120’s’’ or ‘‘120’s’’, if the average diameter of wool fiber of such wool product does not average 17.75 microns or finer; (F) ‘‘Super 130’s’’ or ‘‘130’s’’, if the average diameter of wool fiber of such wool product does not average 17.25 microns or finer; (G) ‘‘Super 140’s’’ or ‘‘140’s’’, if the average diameter of wool fiber of such wool product does not average 16.75 microns or finer; (H) ‘‘Super 150’s’’ or ‘‘150’s’’, if the average diameter of wool fiber of such wool product does not average 16.25 microns or finer; (I) ‘‘Super 160’s’’ or ‘‘160’s’’, if the average diameter of wool fiber of such wool product does not average 15.75 microns or finer; (J) ‘‘Super 170’s’’ or ‘‘170’s’’, if the average diameter of wool fiber of such wool product does not average 15.25 microns or finer; (K) ‘‘Super 180’s’’ or ‘‘180’s’’, if the average diameter of wool fiber of such wool product does not average 14.75 microns or finer; (L) ‘‘Super 190’s’’ or ‘‘190’s’’, if the average diameter of wool fiber of such wool product does not average 14.25 microns or finer; (M) ‘‘Super 200’s’’ or ‘‘200’s’’, if the average diameter of wool fiber of such wool product does not average 13.75 microns or finer; (N) ‘‘Super 210’s’’ or ‘‘210’s’’, if the average diameter of wool fiber of such wool product does not average 13.25 microns or finer; (O) ‘‘Super 220’s’’ or ‘‘220’s’’, if the average diameter of wool fiber of such wool product does not average 12.75 microns or finer; (P) ‘‘Super 230’s’’ or ‘‘230’s’’, if the average diameter of wool fiber of such wool product does not average 12.25 microns or finer; (Q) ‘‘Super 240’s’’ or ‘‘240’s’’, if the average diameter of wool fiber of such wool product does not average 11.75 microns or finer; and (R) ‘‘Super 250’s’’ or ‘‘250’s’’, if the average diameter of wool fiber of such wool product does not average 11.25 microns or finer. In each such case, the average fiber diameter of such wool product may be subject to such standards or deviations as adopted by regula- tion by the Commission. (6) In the case of a wool product stamped, tagged, labeled, or otherwise identified as cashmere, if— (A) such wool product is not the fine (dehaired) undercoat fibers produced by a cashmere goat (capra hircus laniger); (B) the average diameter of the fiber of such wool product exceeds 19 microns; or (C) such wool product contains more than 3 percent (by weight) of cashmere fibers with average diameters that exceed 30 microns. The average fiber diameter may be subject to a coefficient of variation around the mean that shall not exceed 24 percent. (b) Additional information In addition to information required in this section, the stamp, tag, label, or other means of identification, or substitute therefor under sec- tion 68c of this title, may contain other infor- mation not violating the provisions of this sub- chapter or the rules and regulations of the Com- mission. (c) Substitute identification If any person subject to section 68a of this title with respect to a wool product finds or has reasonable cause to believe its stamp, tag, label, or other means of identification, or substitute therefor under section 68c of this title, does not contain the information required by this sub- chapter, he may replace same with a substitute containing the information so required. (d) Designations on linings, paddings, etc. This section shall not be construed as requir- ing designation on garments or articles of ap- parel of fiber content of any linings, paddings, stiffening, trimmings, or facings, except those concerning which express or implied representa- tions of fiber content are customarily made, nor as requiring designation of fiber content of prod- ucts which have an insignificant or inconsequen- tial textile content: Provided, That if any such article or product purports to contain or in any manner is represented as containing wool, this section shall be applicable thereto and the infor- mation required shall be separately set forth and segregated. The Commission, after giving due notice and opportunity to be heard to interested persons, may determine and publicly announce the class- es of such articles concerning which express or implied representations of fiber content are cus- tomarily made, and those products which have an insignificant or inconsequential textile con- tent. (e) False or deceptive advertising in mail order promotions For the purposes of this subchapter, a wool product shall be considered to be falsely or de- ceptively advertised in any mail order pro- motional material which is used in the direct sale or direct offering for sale of such wool prod- uct, unless such wool product description states in a clear and conspicuous manner that such wool product is processed or manufactured in the United States of America, or imported, or both. Page 103 TITLE 15—COMMERCE AND TRADE § 68c 1 So in original. Probably should be ‘‘wool’’. 2 See Codification note. (f) Location of label, etc. For purposes of this subchapter, any wool product shall be misbranded if a stamp, tag, label, or other identification conforming to the requirements of this section is not on or affixed to the inside center of the neck midway between the shoulder seams or, if such product does not contain a neck, in the most conspicuous 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. (Oct. 14, 1940, ch. 871, § 4, 54 Stat. 1129; Pub. L. 96–242, § 2, May 5, 1980, 94 Stat. 344; Pub. L. 98–417, title III, §§ 304, 305, Sept. 24, 1984, 98 Stat. 1604; Pub. L. 109–428, § 2(a), Dec. 20, 2006, 120 Stat. 2913.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(5), (6). Pub. L. 109–428 added pars. (5) and (6). 1984—Subsec. (a)(2)(D). Pub. L. 98–417, § 304, added sub- par. (D). Subsecs. (e), (f). Pub. L. 98–417, § 305, added subsecs. (e) and (f). 1980—Subsec. (a)(2)(A). Pub. L. 96–242 substituted ‘‘re- cycled wool’’ for ‘‘reprocessed wool’’ as cl. (2), struck out cl. (3) ‘‘reused wool’’, and redesignated existing cls. (4) and (5) as (3) and (4), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–428, § 2(b), Dec. 20, 2006, 120 Stat. 2915, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply to wool products manufactured on or after January 1, 2007.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–417, title III, § 307, Sept. 24, 1984, 98 Stat. 1605, provided that: ‘‘The amendments made by this title [amending this section and sections 68c and 70b of this title] shall be effective ninety days after the date of enactment of this Act [Sept. 24, 1984].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–242 effective with respect to wool products manufactured on or after the date sixty days after May 5, 1980, see section 3 of Pub. L. 96–242, set out as a note under section 68 of this title. 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. § 68c. Stamp, tag, label, or other identification (a) Affixing; retention until sale Any person manufacturing for introduction, or first introducing into commerce a wool product shall affix thereto the stamp, tag, label, or other means of identification required by this sub- chapter, and the same, or substitutes therefor containing identical information with respect to content of the wool product or any other prod- ucts contained therein in an amount of 5 per centum or more by weight and other informa- tion required under section 68b of this title, shall be and remain affixed to such wool prod- uct, whether it remains in its original state or is contained in garments or other articles made in whole or in part therefrom, until sold to the consumer: Provided, That the name of the manu- facturer of the wool product need not appear on the substitute stamp, tag, or label if the name of the person who affixes the substitute appears thereon. (b) Removal or mutilation Any person who shall cause or participate in the removal or mutilation of any stamp, tag, label, or other means of identification affixed to a wood 1 product with intent to violate the pro- visions of this subchapter, is guilty of an unfair method of competition, and an unfair and decep- tive act or practice, in commerce within the meaning of the Federal Trade Commission Act. (c) Packages of wool products For the purposes of subsections (a) and (b) of this section, any package of wool products in- tended for sale to the ultimate consumer shall also be considered a wool product and shall have affixed to it a stamp, tag, label, or other means of identification bearing the information re- quired by section 68b of this title, with respect to the wool products contained therein, unless such package of wool products is transparent to the extent that it allows for the clear reading of the stamp, tag, label, or other means of identi- fication affixed to the wool product, or in the case of hosiery 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 hosiery 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 re- spect to the hosiery products contained therein, the information required by section 68b of this title,2 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 hosiery product contained therein. (Oct. 14, 1940, ch. 871, § 5, 54 Stat. 1130; Pub. L. 98–417, title III, § 306, Sept. 24, 1984, 98 Stat. 1605.) Editorial Notes CODIFICATION Section 68b of this title, the second time it appears in subsec. (c), was in the original ‘‘subsection (4)’’ and was translated as reading ‘‘section 4’’ as the probable intent of Congress. AMENDMENTS 1984—Pub. L. 98–417 designated existing first and sec- ond pars. as subsecs. (a) and (b), respectively, and added subsec. (c). Statutory Notes and Related Subsidiaries 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.