15 U.S.C. § 70a — Violations of Federal Trade Commission Act

submitted 68 years ago by Pub. L. 85-897 to r/title-15-COMMERCE-AND-TRADE · 626 words · no verdicts yet

in plain englishAI-generated · not legal advice

Selling, advertising, shipping, or importing a misbranded or falsely advertised textile fiber product is against the law. This applies at every stage of commerce, including after the product has already shipped. The law does not apply to carriers, publishers who name the real seller, exporters, or certain contract processors.

(a) It is unlawful to introduce, deliver for introduction, manufacture for introduction, sell, advertise, or offer for sale a textile fiber product in commerce if it is misbranded or falsely or deceptively advertised under this subchapter or its rules. It is also unlawful to transport it, cause it to be transported, or import it into the United States in that condition. Doing any of these things counts as an unfair method of competition and an unfair and deceptive act or practice under the Federal Trade Commission Act. (b) It is also unlawful to sell, offer for sale, advertise, deliver, or transport a textile fiber product that was already advertised or offered for sale in commerce, if that product is misbranded or falsely or deceptively advertised. (c) The same rule applies after a textile fiber product has shipped in commerce — whether it is still in its original state or has been built into another textile fiber product. Selling, offering for sale, advertising, delivering, or transporting it while misbranded or falsely advertised is unlawful. (d) This section does not apply in five situations. (1) It does not apply to a common carrier, contract carrier, or freight forwarder handling the product in the ordinary course of its shipping business. (2) It does not apply to a processor or finisher completing a contract, as long as they do not change the fiber content in a way the contract forbids. (3) It does not apply to manufacturing, delivering, transporting, selling, or offering the product for export out of the United States. (4) It does not apply to a publisher or advertising agency or medium that runs the advertisement — except for the manufacturer, distributor, or seller the ad is about — as long as the publisher gives the Commission the name and U.S. address of whoever caused the ad to run, if the Commission asks. (5) It does not apply to a textile fiber product before it reaches the final form meant for sale to, or use by, the ultimate consumer. This last exemption only applies if an invoice or similar paper travels with the product, correctly shows the information section 70b requires for the stamp, tag, or label, and includes the name and address of whoever issued that invoice or paper.

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, 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.].

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.

Source credit: (Pub. L. 85–897, § 3, Sept. 2, 1958, 72 Stat. 1718.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-897 · 72 Stat. 1718

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-897 on 1958-09-02.

all 0 arguments · sorted by: best

no arguments yet — make the first case