15 U.S.C. § 69a — Violations of Federal Trade Commission

Page 106 TITLE 15—COMMERCE AND TRADE § 69 ery for shipment, shipment, sale, or offering for sale any carpets, rugs, mats, or upholsteries, nor to any person manufacturing, delivering for shipment, shipping, selling, or offering for sale any carpets, rugs, mats, or upholsteries. (Oct. 14, 1940, ch. 871, § 14, 54 Stat. 1133.) SUBCHAPTER IV—LABELING OF FUR PRODUCTS § 69. Definitions As used in this subchapter— (a) The term ‘‘person’’ means an individual, partnership, corporation, association, business trust, or any organized group of any of the fore- going. (b) The term ‘‘fur’’ means any animal skin or part thereof with hair, fleece, or fur fibers at- tached thereto, either in its raw or processed state, but shall not include such skins as are to be converted into leather or which in processing shall have the hair, fleece, or fur fiber com- pletely removed. (c) The term ‘‘used fur’’ means fur in any form which has been worn or used by an ultimate con- sumer. (d) The term ‘‘fur product’’ means any article of wearing apparel made in whole or in part of fur or used fur. (e) The term ‘‘waste fur’’ means the ears, throats, or scrap pieces which have been severed from the animal pelt, and shall include mats or plates made therefrom. (f) The term ‘‘invoice’’ means a written ac- count, memorandum, list, or catalog, which is issued in connection with any commercial deal- ing in fur products or furs, and describes the particulars of any fur products or furs, trans- ported or delivered to a purchaser, consignee, factor, bailee, correspondent, or agent, or any other person who is engaged in dealing commer- cially in fur products or furs. (g) The term ‘‘Commission’’ means the Federal Trade Commission. (h) The term ‘‘Federal Trade Commission Act’’ means the Act entitled ‘‘An Act to create a Fed- eral Trade Commission, to define its powers and duties, and for other purposes’’, approved Sep- tember 26, 1914, as amended [15 U.S.C. 41 et seq.]. (i) The term ‘‘Fur Products Name Guide’’ means the register issued by the Commission pursuant to section 69e of this title. (j) The term ‘‘commerce’’ means commerce be- tween any State, Territory, or possession of the United States, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession or the District of Columbia. (k) The term ‘‘United States’’ means the sev- eral States, the District of Columbia, and the Territories and possessions of the United States. (Aug. 8, 1951, ch. 298, § 2, 65 Stat. 175; Pub. L. 106–476, title I, § 1443(b), Nov. 9, 2000, 114 Stat. 2167; Pub. L. 111–313, § 2(a), Dec. 18, 2010, 124 Stat. 3326.) Editorial Notes REFERENCES IN TEXT The act approved September 26, 1914, referred to in subsec. (h), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, known as the Federal Trade Commission Act, 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. AMENDMENTS 2010—Subsec. (d). Pub. L. 111–313 struck out ‘‘; except that such term shall not include such articles (other than any dog or cat fur product to which section 1308 of title 19 applies) as the Commission shall exempt by reason of the relatively small quantity or value of the fur or used fur contained therein’’ after ‘‘used fur’’. 2000—Subsec. (d). Pub. L. 106–476 inserted ‘‘(other than any dog or cat fur product to which section 1308 of title 19 applies)’’ after ‘‘shall not include such arti- cles’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–313, § 2(b), Dec. 18, 2010, 124 Stat. 3326, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [Dec. 18, 2010].’’ EFFECTIVE DATE Act Aug. 8, 1951, ch. 298, § 14, 65 Stat. 181, provided that: ‘‘This Act [this subchapter], except section 7 [sec- tion 69e of this title], shall take effect one year after the date of its enactment [Aug. 8, 1951].’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–313, § 1, Dec. 18, 2010, 124 Stat. 3326, pro- vided that: ‘‘This Act [amending this section and sec- tion 69a of this title and enacting provisions set out as a note under this section] may be cited as the ‘Truth in Fur Labeling Act of 2010’.’’ SHORT TITLE Act Aug. 8, 1951, ch. 298, § 1, 65 Stat. 175, provided: ‘‘That this Act [this subchapter] may be cited as the ‘Fur Products Labeling Act’ ’’. SEPARABILITY Act Aug. 8, 1951, ch. 298, § 13, 65 Stat. 181, provided that: ‘‘If any provision of this Act [this subchapter] or the application thereof to any person or circumstance is held invalid, the remainder of the Act [this sub- chapter] and the application of such provision to any other person or circumstance 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. § 69a. Violations of Federal Trade Commission Act (a) Introduction or manufacture for introduction into commerce, sale, advertising or offering for sale in commerce The introduction, or manufacture for intro- duction, into commerce, or the sale, advertising or offering for sale in commerce, or the trans- Page 107 TITLE 15—COMMERCE AND TRADE § 69b portation or distribution in commerce, of any fur product which is misbranded or falsely or de- ceptively advertised or invoiced, within the meaning of this subchapter or the rules and reg- ulations prescribed under section 69f(b) of this title, 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.]. (b) Manufacture for sale, sale, advertising, offer- ing for sale, transportation or distribution The manufacture for sale, sale, advertising, of- fering for sale, transportation or distribution, of any fur product which is made in whole or in part of fur which has been shipped and received in commerce, and which is misbranded or falsely or deceptively advertised or invoiced, within the meaning of this subchapter or the rules and reg- ulations prescribed under section 69f(b) of this title, 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) Introduction into commerce, sale, advertising or offering for sale in commerce or transpor- tation or distribution The introduction into commerce, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce, of any fur which is falsely or deceptively adver- tised or falsely or deceptively invoiced, within the meaning of this subchapter or the rules and regulations prescribed under section 69f(b) of this title, is unlawful and shall be an unfair method of competition, and an unfair and decep- tive act or practice, in commerce under the Fed- eral Trade Commission Act [15 U.S.C. 41 et seq.]. (d) Removal or mutilation of label Except as provided in subsection (e) of this section, it shall be unlawful to remove or muti- late, or cause or participate in the removal or mutilation of, prior to the time any fur product is sold and delivered to the ultimate consumer, any label required by this subchapter to be af- fixed to such fur product, and any person vio- lating this subsection is guilty of an unfair method of competition, and an unfair or decep- tive act or practice, in commerce under the Fed- eral Trade Commission Act [15 U.S.C. 41 et seq.]. (e) Substitution of labels; records Any person introducing, selling, advertising, or offering for sale, in commerce, or processing for commerce, a fur product, or any person sell- ing, advertising, offering for sale or processing a fur product which has been shipped and received in commerce, may substitute for the label af- fixed to such product pursuant to section 69b of this title, a label conforming to the require- ments of such section, and such label may show in lieu of the name or other identification shown pursuant to section 69b(2)(E) of this title on the label so removed, the name or other identifica- tion of the person making the substitution. Any person substituting a label shall keep such records as will show the information set forth on the label that he removed and the name or names of the person or persons from whom such fur product was received, and shall preserve such records for at least three years. Neglect or refusal to maintain and preserve such records is unlawful, and any person who shall fail to main- tain and preserve such records shall forfeit to the United States the sum of $100 for each day of such failure which shall accrue to the United States and be recoverable by a civil action. Any person substituting a label who shall fail to keep and preserve such records, or who shall by such substitution misbrand a fur product, shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (f) Application of section to common carrier or freight forwarder Subsections (a), (b), and (c) of this section shall not apply to any common carrier, contract carrier or freight forwarder in respect of a fur product or fur shipped, transported, or delivered for shipment in commerce in the ordinary course of business. (g) Exemption for particular sales No provision of this subchapter shall apply to a fur product— (1) the fur of which was obtained from an animal through trapping or hunting; and (2) when sold in a face to face transaction at a place such as a residence, craft fair, or other location used on a temporary or short term basis, by the person who trapped or hunted the animal, where the revenue from the sale of ap- parel or fur products is not the primary source of income of such person. (Aug. 8, 1951, ch. 298, § 3, 65 Stat. 176; Pub. L. 111–313, § 3, Dec. 18, 2010, 124 Stat. 3326.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is defined in section 69 of this title. AMENDMENTS 2010—Subsec. (g). Pub. L. 111–313 added subsec. (g). § 69b. Misbranded fur products For the purposes of this subchapter, a fur product shall be considered to be misbranded— (1) if it is falsely or deceptively labeled or otherwise falsely or deceptively identified, or if the label contains any form of misrepresen- tation or deception, directly or by implica- tion, with respect to such fur product; (2) if there is not affixed to the fur product a label showing in words and figures plainly legible— (A) the name or names (as set forth in the Fur Products Name Guide) of the animal or animals that produced the fur, and such qualifying statement as may be required pursuant to section 69e(c) of this title; (B) that the fur product contains or is composed of used fur, when such is the fact; (C) that the fur product contains or is composed of bleached, dyed, or otherwise ar- tificially colored fur, when such is the fact; (D) that the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact;