§ 70b. — Misbranded and falsely advertised textile fiber 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: 15USC70b]
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. 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.
(Pub. L. 85-897, Sec. 4, Sept. 2, 1958, 72 Stat. 1719; Pub. L. 89-35,
Secs. 1, 2, June 5, 1965, 79 Stat. 124; Pub. L. 98-417, title III,
Secs. 301-303, Sept. 24, 1984, 98 Stat. 1603, 1604.)
References in Text
The Fur Products Labeling Act, referred to in subsec. (g), is act
Aug. 8, 1951, ch. 298, 65 Stat. 175, as amended, which is classified
generally to subchapter IV (Sec. 69 et seq.) of this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 69 of this title and Tables.
Amendments
1984--Subsec. (b)(5). Pub. L. 98-417, Sec. 301, added par. (5).
Subsec. (e). Pub. L. 98-417, Sec. 302, amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ``This
section shall not be construed as requiring the affixing of a stamp,
tag, label, or other means of identification to each textile fiber
product contained in a package if (1) such textile fiber 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 textile fiber 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.''
Subsecs. (i), (j). Pub. L. 98-417, Sec. 303, added subsecs. (i) and
(j).
1965--Subsec. (b)(1). Pub. L. 89-35, Sec. 1, inserted ``, 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''.
Subsec. (b)(2). Pub. L. 89-35, Sec. 2, inserted ``, 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''.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-417 effective 90 days after Sept. 24, 1984,
see section 307 of Pub. L. 98-417, set out as a note under section 68b
of this title.
Section Referred to in Other Sections
This section is referred to in sections 70a, 70c, 70g, 70j of this
title.
