15 U.S.C. § 70a — Violations of Federal Trade Commission

Page 111 TITLE 15—COMMERCE AND TRADE § 70a (b) Whenever the Commission has reason to believe any person is guilty of a misdemeanor under this section, it shall certify all pertinent facts to the Attorney General, whose duty it shall be to cause appropriate proceedings to be brought for the enforcement of the provisions of this section against such person. (Aug. 8, 1951, ch. 298, § 11, 65 Stat. 181.) 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. § 69j. Application of other laws The provisions of this subchapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other Act of Congress. (Aug. 8, 1951, ch. 298, § 12, 65 Stat. 181.) SUBCHAPTER V—TEXTILE FIBER PRODUCTS IDENTIFICATION § 70. Definitions As used in this subchapter— (a) The term ‘‘person’’ means an individual, partnership, corporation, association or any other form of business enterprise. (b) The term ‘‘fiber’’ or ‘‘textile fiber’’ means a unit of matter which is capable of being spun into a yarn or made into a fabric by bonding or by interlacing in a variety of methods including weaving, knitting, braiding, felting, twisting, or webbing, and which is the basic structural ele- ment of textile products. (c) The term ‘‘natural fiber’’ means any fiber that exists as such in the natural state. (d) The term ‘‘manufactured fiber’’ means any fiber derived by a process of manufacture from any substance which, at any point in the manu- facturing process, is not a fiber. (e) The term ‘‘yarn’’ means a strand of textile fiber in a form suitable for weaving, knitting, braiding, felting, webbing, or otherwise fabri- cating into a fabric. (f) The term ‘‘fabric’’ means any material woven, knitted, felted, or otherwise produced from, or in combination with, any natural or manufactured fiber, yarn, or substitute therefor. (g) The term ‘‘household textile articles’’ means articles of wearing apparel, costumes and accessories, draperies, floor coverings, fur- nishings, beddings, and other textile goods of a type customarily used in a household regardless of where used in fact. (h) The term ‘‘textile fiber product’’ means— (1) any fiber, whether in the finished or un- finished state, used or intended for use in household textile articles; (2) any yarn or fabric, whether in the fin- ished or unfinished state, used or intended for use in household textile articles; and (3) any household textile article made in whole or in part of yarn or fabric; except that such term does not include a prod- uct required to be labeled under the Wool Prod- ucts Labeling Act of 1939 [15 U.S.C. 68 et seq.]. (i) The term ‘‘affixed’’ means attached to the textile fiber product in any manner. (j) The term ‘‘Commission’’ means the Federal Trade Commission. (k) The term ‘‘commerce’’ means commerce among the several States or with foreign na- tions, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation or be- tween the District of Columbia and any State or Territory or foreign nation. (l) The term ‘‘Territory’’ includes the insular possessions of the United States, and also any Territory of the United States. (m) The term ‘‘ultimate consumer’’ means a person who obtains a textile fiber product by purchase or exchange with no intent to sell or exchange such textile fiber product in any form. (Pub. L. 85–897, § 2, Sept. 2, 1958, 72 Stat. 1717.) Editorial Notes REFERENCES IN TEXT The Wool Products Labeling Act of 1939, referred to in subsec. (h)(3), is act Oct. 14, 1940, ch. 871, 54 Stat. 1128, which is classified generally to subchapter III (§ 68 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 68 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 85–897, § 15, Sept. 2, 1958, 72 Stat. 1724, provided that: ‘‘This Act [this subchapter] shall take effect eighteen months after enactment [Sept. 2, 1958], except for the promulgation of rules and regulations by the Commission, which shall be promulgated within nine months after the enactment of this Act. The Commis- sion shall provide for the exception of any textile fiber product acquired prior to the effective date of this Act.’’ SHORT TITLE Pub. L. 85–897, § 1, Sept. 2, 1958, 72 Stat. 1717, provided: ‘‘That this Act [this subchapter] may be cited as the ‘Textile Fiber Products Identification Act’.’’ SEPARABILITY Pub. L. 85–897, § 13, Sept. 2, 1958, 72 Stat. 1723, provided that: ‘‘If any provision of this Act [this subchapter], or the application thereof to any person, as that term is herein defined, is held invalid, the remainder of the Act and the application of the remaining provisions to any person shall not be affected thereby.’’ § 70a. Violations of Federal Trade Commission Act (a) Introduction or manufacture for introduction into commerce, sale, advertising or offering for sale in commerce The introduction, delivery for introduction, manufacture for introduction, sale, advertising, or offering for sale, in commerce, or the trans- portation or causing to be transported in com- merce, or the importation into the United States, of any textile fiber product which is mis- branded or falsely or deceptively advertised within the meaning of this subchapter or the rules and regulations promulgated thereunder, is unlawful, and shall be an unfair method of competition and an unfair and deceptive act or 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