§ 68b. — Misbranded wool products.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC68b]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER III--LABELING OF WOOL PRODUCTS
Sec. 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 ornamentation not exceeding 5 per centum
of said total fiber weight, of (1) wool; (2) recycled wool; (3)
each fiber other than wool if said percentage by weight of such
fiber is 5 per centum or more; and (4) the aggregate of all
other fibers: Provided, That deviation of the fiber contents of
the wool product from percentages stated on the stamp, tag,
label, or other means of identification, shall not be
misbranding under this section if the person charged with
misbranding proves such deviation 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 nonfibrous loading, filling, or adulterating
matter.
(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.
(D) the name of the country where processed 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 centum wool exclusive of
ornamentation not exceeding 5 per centum of such total fiber weight.
(b) Additional information
In addition to information required in this section, the stamp, tag,
label, or other means of identification, or substitute therefor under
section 68c of this title, may contain other information not violating
the provisions of this subchapter or the rules and regulations of the
Commission.
(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 subchapter, 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 requiring designation on
garments or articles of apparel of fiber content of any linings,
paddings, stiffening, trimmings, or facings, except those concerning
which express or implied representations of fiber content are
customarily made, nor as requiring designation of fiber content of
products which have an insignificant or inconsequential 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 information 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 classes
of such articles concerning which express or implied representations of
fiber content are customarily made, and those products which have an
insignificant or inconsequential textile content.
(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 deceptively advertised in any mail order
promotional material which is used in the direct sale or direct offering
for sale of such wool product, 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.
(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, Sec. 4, 54 Stat. 1129; Pub. L. 96-242, Sec. 2,
May 5, 1980, 94 Stat. 344; Pub. L. 98-417, title III, Secs. 304, 305,
Sept. 24, 1984, 98 Stat. 1604.)
Amendments
1984--Subsec. (a)(2)(D). Pub. L. 98-417, Sec. 304, added subpar.
(D).
Subsecs. (e), (f). Pub. L. 98-417, Sec. 305, added subsecs. (e) and
(f).
1980--Subsec. (a)(2)(A). Pub. L. 96-242 substituted ``recycled
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.
Effective Date of 1984 Amendment
Section 307 of title III of Pub. L. 98-417 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.
Transfer of Functions
For transfer of functions of Federal Trade Commission, with certain
exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of
1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out
under section 41 of this title.
Section Referred to in Other Sections
This section is referred to in section 68c of this title.
