15 U.S.C. § 69a — Violations of Federal Trade Commission Act

submitted 75 years ago by ch. 298 to r/title-15-COMMERCE-AND-TRADE · 819 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's illegal to make, sell, advertise, ship, or import a fur product that's misbranded or falsely advertised or invoiced. Removing a required fur label is also illegal, except through an approved label substitution that's properly recorded. Common carriers and small hunters and trappers selling face-to-face get exemptions.

(a) Introduction, manufacture, sale, advertising, transportation: It's unlawful, and an unfair or deceptive trade practice under the FTC Act, to introduce or manufacture for introduction into commerce, or to sell, advertise, offer for sale, transport, or distribute in commerce, any fur product that's misbranded or falsely or deceptively advertised or invoiced, under this subchapter or its regulations. (b) Manufacture for sale after shipment in commerce: The same ban applies to manufacturing for sale, selling, advertising, offering for sale, transporting, or distributing any fur product made wholly or partly from fur that has already been shipped and received in commerce, if that product is misbranded or falsely or deceptively advertised or invoiced. (c) Introduction, sale, or transport of fur itself: The same ban applies to introducing into commerce, selling, advertising, offering for sale, transporting, or distributing in commerce any fur (not just a finished fur product) that's falsely or deceptively advertised or invoiced. (d) Removal or mutilation of label: Except as subsection (e) allows, it's unlawful to remove or mutilate — or help remove or mutilate — a required fur product label before the product is sold and delivered to the final consumer. Doing so is an unfair method of competition and unfair or deceptive practice under the FTC Act. (e) Substitution of labels; records: A person who introduces, sells, advertises, offers for sale, or processes a fur product in commerce — or handles one that's already been shipped and received in commerce — can substitute a new label for the one originally affixed under section 69b, as long as the new label meets that section's requirements. The substitute label can show the substituting person's own name or identification in place of the original manufacturer's name required under section 69b(2)(E). Anyone who substitutes a label must keep records showing what information was on the label they removed, and who they received the fur product from, and must preserve those records for at least three years. Failing to keep these records is unlawful and triggers a $100-per-day forfeiture to the United States, recoverable by civil action. Anyone who substitutes a label and fails to keep records, or who misbrands the product through the substitution, is guilty of an unfair method of competition and unfair or deceptive practice under the FTC Act. (f) Application to common carriers: Subsections (a), (b), and (c) don't apply to a common carrier, contract carrier, or freight forwarder handling a fur product or fur shipped, transported, or delivered for shipment in commerce in the ordinary course of business. (g) Exemption for particular sales: This subchapter doesn't apply to a fur product if both of these are true: the fur came from an animal the seller personally trapped or hunted, and it's sold face-to-face at a place like the seller's home, a craft fair, or another temporary or short-term location, where selling fur apparel or fur products isn't the seller's primary source of income.

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

(a) Introduction or manufacture for introduction into commerce, sale, advertising or offering for sale in commerce

The introduction, or manufacture for introduction, into commerce, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce, of any fur product which is misbranded or falsely or deceptively advertised or invoiced, within the meaning of this subchapter or the rules and regulations prescribed under section 69f(b) of this title, 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) Manufacture for sale, sale, advertising, offering for sale, transportation or distribution

The manufacture for sale, sale, advertising, offering for sale, transportation or distribution, of any fur product which is made in whole or in part of fur which has been shipped and received in commerce, and which is misbranded or falsely or deceptively advertised or invoiced, within the meaning of this subchapter or the rules and regulations prescribed under section 69f(b) of this title, 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.].

The introduction into commerce, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce, of any fur which is falsely or deceptively advertised or falsely or deceptively invoiced, within the meaning of this subchapter or the rules and regulations prescribed under section 69f(b) of this title, 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) Removal or mutilation of label

Except as provided in subsection (e) of this section, it shall be unlawful to remove or mutilate, or cause or participate in the removal or mutilation of, prior to the time any fur product is sold and delivered to the ultimate consumer, any label required by this subchapter to be affixed to such fur product, and any person violating this subsection is guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

(e) Substitution of labels; records

Any person introducing, selling, advertising, or offering for sale, in commerce, or processing for commerce, a fur product, or any person selling, advertising, offering for sale or processing a fur product which has been shipped and received in commerce, may substitute for the label affixed to such product pursuant to section 69b of this title, a label conforming to the requirements of such section, and such label may show in lieu of the name or other identification shown pursuant to section 69b(2)(E) of this title on the label so removed, the name or other identification of the person making the substitution. Any person substituting a label shall keep such records as will show the information set forth on the label that he removed and the name or names of the person or persons from whom such fur product was received, and shall preserve such records for at least three years. Neglect or refusal to maintain and preserve such records is unlawful, and any person who shall fail to maintain and preserve such records shall forfeit to the United States the sum of $100 for each day of such failure which shall accrue to the United States and be recoverable by a civil action. Any person substituting a label who shall fail to keep and preserve such records, or who shall by such substitution misbrand a fur product, shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

(f) Application of section to common carrier or freight forwarder

Subsections (a), (b), and (c) of this section shall not apply to any common carrier, contract carrier or freight forwarder in respect of a fur product or fur shipped, transported, or delivered for shipment in commerce in the ordinary course of business.

(g) Exemption for particular sales

No provision of this subchapter shall apply to a fur product—

(1)

the fur of which was obtained from an animal through trapping or hunting; and

(2)

when sold in a face to face transaction at a place such as a residence, craft fair, or other location used on a temporary or short term basis, by the person who trapped or hunted the animal, where the revenue from the sale of apparel or fur products is not the primary source of income of such person.

Source credit: (Aug. 8, 1951, ch. 298, § 3, 65 Stat. 176; Pub. L. 111–313, § 3, Dec. 18, 2010, 124 Stat. 3326.)

history & why it existsrecord from the source credit

1951Enacted · Act of Aug. 8, 1951, ch. 298 · 65 Stat. 176
2010Amended · Pub. L. 111-313 · 124 Stat. 3326

A history note hasn’t been published yet. The record shows enactment by ch. 298 on 1951-08-08.

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