15 U.S.C. § 68b — Misbranded wool products

submitted 86 years ago by ch. 871 to r/title-15-COMMERCE-AND-TRADE · 1,332 words · no verdicts yet

in plain englishAI-generated · not legal advice

A wool product counts as misbranded if its label lies about its fiber content, is missing required label information, or misuses a fiber-content or 'Super' fineness claim. It's also misbranded if labeled 'cashmere' without meeting cashmere's fiber, diameter, and purity requirements.

This section defines when a wool product is 'misbranded' for wool-labeling law purposes, through six numbered rules. (1) A wool product is misbranded if it is falsely or deceptively stamped, tagged, labeled, or otherwise identified. (2) It's misbranded if it lacks a required stamp, tag, label, or other identification (or an allowed substitute under section 68c) showing four things: (A) the percentage, by total fiber weight (not counting ornamentation up to 5% of that weight), of wool, recycled wool, each other fiber that's 5% or more of the weight, and the total of all remaining fibers — though small deviations from the stated percentages aren't misbranding if they resulted from unavoidable manufacturing variation despite reasonable care; (B) the maximum percentage, by weight, of any non-fiber filler, loading, or adulterating material; (C) the manufacturer's name, or the name of another person responsible under section 68a; and (D) the country where the product was processed or manufactured. (3) It's misbranded if the product contains a fiber besides wool, but the wool percentage by weight isn't shown in plainly legible words and figures. (4) It's misbranded if the product is represented as wool, but the wool percentage isn't shown in plainly legible words and figures, or if it's not actually 100% wool (excluding up to 5% ornamentation) despite that representation. (5) It's misbranded if it's labeled with a 'Super' fineness grade but the wool's average fiber diameter doesn't meet that grade's maximum. Each grade requires a specific average diameter or finer, from coarsest to finest: Super 80's/80's needs 19.75 microns or finer; 90's needs 19.25; 100's needs 18.75; 110's needs 18.25; 120's needs 17.75; 130's needs 17.25; 140's needs 16.75; 150's needs 16.25; 160's needs 15.75; 170's needs 15.25; 180's needs 14.75; 190's needs 14.25; 200's needs 13.75; 210's needs 13.25; 220's needs 12.75; 230's needs 12.25; 240's needs 11.75; and 250's needs 11.25 microns or finer. The Commission can adopt regulations setting standards or allowable deviations for measuring average fiber diameter under this list. (6) It's misbranded if labeled 'cashmere' but any of three things is true: the fiber isn't the fine, dehaired undercoat of a cashmere goat (capra hircus laniger); the average fiber diameter is more than 19 microns; or more than 3% of the fiber by weight has an average diameter over 30 microns.

the actual law source: uscode.house.gov ↗public domain

(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.

(5)

In the case of a wool product stamped, tagged, labeled, or otherwise identified as—

(A)

“Super 80’s” or “80’s”, if the average diameter of wool fiber of such wool product does not average 19.75 microns or finer;

(B)

“Super 90’s” or “90’s”, if the average diameter of wool fiber of such wool product does not average 19.25 microns or finer;

(C)

“Super 100’s” or “100’s”, if the average diameter of wool fiber of such wool product does not average 18.75 microns or finer;

(D)

“Super 110’s” or “110’s”, if the average diameter of wool fiber of such wool product does not average 18.25 microns or finer;

(E)

“Super 120’s” or “120’s”, if the average diameter of wool fiber of such wool product does not average 17.75 microns or finer;

(F)

“Super 130’s” or “130’s”, if the average diameter of wool fiber of such wool product does not average 17.25 microns or finer;

(G)

“Super 140’s” or “140’s”, if the average diameter of wool fiber of such wool product does not average 16.75 microns or finer;

(H)

“Super 150’s” or “150’s”, if the average diameter of wool fiber of such wool product does not average 16.25 microns or finer;

(I)

“Super 160’s” or “160’s”, if the average diameter of wool fiber of such wool product does not average 15.75 microns or finer;

(J)

“Super 170’s” or “170’s”, if the average diameter of wool fiber of such wool product does not average 15.25 microns or finer;

(K)

“Super 180’s” or “180’s”, if the average diameter of wool fiber of such wool product does not average 14.75 microns or finer;

(L)

“Super 190’s” or “190’s”, if the average diameter of wool fiber of such wool product does not average 14.25 microns or finer;

(M)

“Super 200’s” or “200’s”, if the average diameter of wool fiber of such wool product does not average 13.75 microns or finer;

(N)

“Super 210’s” or “210’s”, if the average diameter of wool fiber of such wool product does not average 13.25 microns or finer;

(O)

“Super 220’s” or “220’s”, if the average diameter of wool fiber of such wool product does not average 12.75 microns or finer;

(P)

“Super 230’s” or “230’s”, if the average diameter of wool fiber of such wool product does not average 12.25 microns or finer;

(Q)

“Super 240’s” or “240’s”, if the average diameter of wool fiber of such wool product does not average 11.75 microns or finer; and

(R)

“Super 250’s” or “250’s”, if the average diameter of wool fiber of such wool product does not average 11.25 microns or finer.

In each such case, the average fiber diameter of such wool product may be subject to such standards or deviations as adopted by regulation by the Commission.

(6)

In the case of a wool product stamped, tagged, labeled, or otherwise identified as cashmere, if—

(A)

such wool product is not the fine (dehaired) undercoat fibers produced by a cashmere goat (capra hircus laniger);

(B)

the average diameter of the fiber of such wool product exceeds 19 microns; or

(C)

such wool product contains more than 3 percent (by weight) of cashmere fibers with average diameters that exceed 30 microns.

The average fiber diameter may be subject to a coefficient of variation around the mean that shall not exceed 24 percent.

(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.

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.

Source credit: (Oct. 14, 1940, ch. 871, § 4, 54 Stat. 1129; Pub. L. 96–242, § 2, May 5, 1980, 94 Stat. 344; Pub. L. 98–417, title III, §§ 304, 305, Sept. 24, 1984, 98 Stat. 1604; Pub. L. 109–428, § 2(a), Dec. 20, 2006, 120 Stat. 2913.)

history & why it existsrecord from the source credit

1940Enacted · Act of Oct. 14, 1940, ch. 871 · 54 Stat. 1129
1980Amended · Pub. L. 96-242 · 94 Stat. 344
1984Amended · Pub. L. 98-417 · 98 Stat. 1604
2006Amended · Pub. L. 109-428 · 120 Stat. 2913

A history note hasn’t been published yet. The record shows enactment by ch. 871 on 1940-10-14.

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