§ 70a. — Violations of Federal Trade Commission Act.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC70a]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER V--TEXTILE FIBER PRODUCTS IDENTIFICATION
Sec. 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 transportation or causing to be transported in commerce, or the
importation into the United States, of any textile fiber product which
is misbranded 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 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, delivery, transportation,
or causing to be transported, of any textile fiber product which has
been advertised or offered for sale in commerce, and which is misbranded
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 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, delivery, transportation,
or causing to be transported, after shipment in commerce, of any textile
fiber product, whether in its original state or contained in other
textile fiber products, which is misbranded 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 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 carrier or freight
forwarder with respect to a textile 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 textile 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 offering for sale of a
textile fiber product for exportation from the United States to any
foreign country;
(4) to any publisher or other advertising agency or medium for
the dissemination of advertising or promotional material, except the
manufacturer, distributor, or seller of the textile fiber product to
which the false or deceptive 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 dissemination of the advertising
material; or
(5) to any textile fiber product until such product has been
produced by the manufacturer 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 covered 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, Sec. 3, Sept. 2, 1958, 72 Stat. 1718.)
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, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of this chapter.
For complete classification of this Act to the Code, see section 58 of
this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 70b, 70f, 70h, 70i of this
title.
