15 U.S.C. § 70b : US Code - Section 70B: Misbranded and falsely advertised textile fiber products

Search 15 U.S.C. § 70b : US Code - Section 70B: Misbranded and falsely advertised textile fiber products

(a) False or deceptive identification
Except as otherwise provided in this subchapter, a textile fiber
product shall be misbranded if it is falsely or deceptively
stamped, tagged, labeled, invoiced, advertised, or otherwise
identified as to the name or amount of constituent fibers contained
therein.
(b) Stamp, tag, label or other means of identification; contents
Except as otherwise provided in this subchapter, a textile fiber
product shall be misbranded 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 manufactured 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 section 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
functional 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 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 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 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 tolerances which
shall be established by the Commission: 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 unavoidable variations in manufacture and despite
due care to make accurate the statements on the tag, stamp,
label, or other identification.
(3) The name, or other identification issued and registered by
the Commission, of the manufacturer of the product or one or more
persons subject to section 70a of this title with respect 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 implication of fiber content is made in any written
advertisement which is used to aid, promote, or assist directly or
indirectly in the sale or offering for sale of such textile fiber
product, unless the same information as that required to be shown
on the stamp, tag, label, or other identification under subsection
(b)(1) and (2) of this section is contained in the heading, body,
or other part of such written advertisement, except that the
percentages 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
misbranded unless such package has affixed to it a stamp, tag,
label, or other means of identification bearing the information
required by subsection (b) of this section, with respect to such
contained textile fiber products, or is transparent to the extent
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 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
respect to the hosiery products contained therein, the information
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.
(f) Fabric severed from bolts, pieces or rolls of fabric
This section shall not be construed as requiring designation of
the fiber content of any portion of fabric, when sold at retail,
which is severed 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 manufactured 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 segregated 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
advertisement 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.]: Provided,
however, That where a textile fiber product 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, mattress, or cushion,
unless the upholstered product, mattress, or cushion containing
such textile fiber product bears a stamp, tag, or label approved 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 product
is processed or manufactured in the United States of America, or
imported, or both.
(j) Location of stamp, tag, label, or other identification
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 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.
(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 indicate to the
ultimate consumer in the United States the English name of the
country of origin of the article. The marking required by this
subsection shall be on the front of the package, adjacent to the
size designation of the product, and shall be set forth in such a
manner as to be clearly legible, conspicuous, and readily
accessible 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).