15 U.S.C. § 70c — Removal of stamp, tag, label, or other identification

submitted 68 years ago by Pub. L. 85-897 to r/title-15-COMMERCE-AND-TRADE · 381 words · no verdicts yet

in plain englishAI-generated · not legal advice

Removing or damaging a required fiber-content label before a product reaches the consumer is against the law. A seller can replace that label with a new one that meets the same rules. Anyone who breaks open a labeled package must label each unlabeled item taken from it.

(a) Once a textile fiber product has shipped in commerce, it is unlawful — except where this subchapter allows it — to remove or mutilate a required stamp, tag, label, or other identification from that product, or to cause or help someone else do so. This rule applies at any point before the product is sold and delivered to the ultimate consumer. Anyone who breaks this rule is guilty of an unfair method of competition and an unfair or deceptive act or practice under the Federal Trade Commission Act. (b) Some people are allowed to substitute a new label for the old one. This includes: (1) anyone introducing, selling, advertising, or offering for sale a covered textile fiber product in commerce, or importing one into the United States; and (2) anyone selling, advertising, or offering for sale a product — whether in its original form or built into another product — that has already been shipped, advertised, or offered for sale in commerce. These people may substitute a new stamp, tag, label, or other identification, as long as it meets the same requirements as section 70b(b). The new label must show the name or Commission-registered identification of the person who made the substitution. (c) If someone other than the ultimate consumer opens a properly labeled package, and that package holds one or more units of a textile fiber product that does not itself carry its own proper label, that person must affix a label to each unit taken from the package. That label must carry the same information that was on the broken package's own label.

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

(a) Removal or mutilation after shipment in commerce

After shipment of a textile fiber product in commerce it shall be unlawful, except as provided in this subchapter, to remove or mutilate, or cause or participate in the removal or mutilation of, prior to the time any textile fiber product is sold and delivered to the ultimate consumer, any stamp, tag, label, or other identification required by this subchapter to be affixed to such textile fiber product, and any person violating this section shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

(b) Substitution of stamp, tag, etc.

Any person—

(1)

introducing, selling, advertising, or offering for sale, in commerce, or importing into the United States, a textile fiber product subject to the provisions of this subchapter, or

(2)

selling, advertising, or offering for sale a textile fiber product whether in its original state or contained in other textile fiber products, which has been shipped, advertised, or offered for sale, in commerce,

may substitute for the stamp, tag, label, or other means of identification required to be affixed to such textile product pursuant to section 70b(b) of this title, a stamp, tag, label, or other means of identification conforming to the requirements of section 70b(b) of this title, and such substituted stamp, tag, label, or other means of identification shall show the name or other identification issued and registered by the Commission of the person making the substitution.

If any person other than the ultimate consumer breaks a package which bears a stamp, tag, label, or other means of identification conforming to the requirements of section 70b of this title, and if such package contains one or more units of a textile fiber product to which a stamp, tag, label, or other identification conforming to the requirements of section 70b of this title is not affixed, such person shall affix a stamp, tag, label, or other identification bearing the information on the stamp, tag, label, or other means of identification attached to such broken package to each unit of textile fiber product taken from such broken package.

Source credit: (Pub. L. 85–897, § 5, Sept. 2, 1958, 72 Stat. 1720.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-897 · 72 Stat. 1720

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

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