Why Salons
Shouldn’t Rip Tags From Bridal Gowns
Part Three
by Dorothea Salo
What’s
The Law Really Say?
Here it is, along with some FTC commentary.
15
USC 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 70 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.
<snippage
of irrelevancies in (e) through (h)>
(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.
15
USC Sec. 70c
Sec. 70c. Removal of stamp, tag, label, or
other identification
(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 forsale, 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.
(c)
Affixing of stamp, tag, etc. to individual
unit of broken package
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.
15
USC Sec. 70i
Sec. 70i. Criminal penalty
(a) Any person who willfully does an act which
by section 70a, 70c, 70d, 70g, or 70h(b) of
this title is declared to be unlawful shall
be guilty of a misdemeanor and upon conviction
shall be fined not more than $5,000 or be
imprisoned not more than one year, or both,
in the discretion of the court: Provided,
That nothing in this section shall limit any
other provision of this subchapter. (b) Whenever
the Commission has reason to believe that
any person is guilty of a misdemeanor under
this section, it may certify all pertinent
facts to the Attorney General. If, on the
basis of the facts certified, the Attorney
General concurs in such belief, it shall be
his duty to cause appropriate proceedings
to be brought for the enforcement of the provisions
of this section against such person.
PART
303 RULES AND REGULATIONS UNDER THE TEXTILE
FIBER PRODUCTS IDENTIFICATION ACT
303.21 Marking of samples, swatches, or specimens
and products sold therefrom.
(a) Where samples, swatches, or specimens
of textile fiber products subject to the Act
are used to promote or effect sales of such
textile fiber products, the samples, swatches,
or specimens, as well as the products themselves,
shall be labeled to show their respective
fiber contents and other required information:
Provided, That such samples, swatches or specimens
need not be labeled:
(1)
If the samples, swatches, or specimens are
less than two square inches in area and the
information otherwise required to appear on
the label is clearly, conspicuously, and nondeceptively
disclosed on accompanying promotional matter
in accordance with the Act and regulations;
(2)
If the samples, swatches, or specimens are
keyed to a catalogue to which reference is
necessary in order to complete the sale of
the textile fiber products, and which catalogue
at the necessary point of reference clearly,
conspicuously, and nondeceptively discloses
the information otherwise required to appear
on the label in accordance with the Act and
regulations; or
(3)
If such samples, swatches, or specimens are
not used to effect sales to ultimate consumers
and are not in the form intended for sale
or delivery to, or for use by, the ultimate
consumer, and are accompanied by an invoice
or other paper showing the required information.
(b)
Where properly labeled samples, swatches,
or specimens are used to effect the sale of
articles of wearing apparel or other household
textile articles which are manufactured specifically
for a particular customer after the sale is
consummated, the articles of wearing apparel
or other household textile articles need not
be labeled if they are of the same fiber content
as the samples, swatches, or specimens from
which the sale was effected and an invoice
or other paper accompanies them showing the
information otherwise required to appear on
the label.
