
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
