--- kind: "section" citation: "15 U.S.C. § 1197" title: "15" title_heading: "Commerce and Trade" number: "1197" heading: "Guaranties" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/15/1197" units: - "Chapter 25 — Flammable Fabrics" --- # §1197. Guaranties - (a) **Defense to prosecution—** No [person](/usc/15/1191.md?p=a) shall be subject to prosecution under [section 1196 of this title](/usc/15/1196.md) for a violation of [section 1192 of this title](/usc/15/1192.md) if such [person](/usc/15/1191.md?p=a) (1) establishes a guaranty received in good faith signed by and containing the name and address of the [person](/usc/15/1191.md?p=a) by whom the [product](/usc/15/1191.md?p=h), [fabric](/usc/15/1191.md?p=f), or [related material](/usc/15/1191.md?p=g) guaranteed was manufactured or from whom it was received, to the effect that reasonable and representative tests made in accordance with standards issued or amended under the provisions of [section 1193 of this title](/usc/15/1193.md) show that the [fabric](/usc/15/1191.md?p=f) or [related material](/usc/15/1191.md?p=g) covered by the guaranty, or used in the [product](/usc/15/1191.md?p=h) covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of [section 1193 of this title](/usc/15/1193.md), and (2) has not, by further processing, affected the flammability of the [fabric](/usc/15/1191.md?p=f), [related material](/usc/15/1191.md?p=g), or [product](/usc/15/1191.md?p=h) covered by the guaranty which he received. Such guaranty shall be either (1) a separate guaranty specifically designating the [product](/usc/15/1191.md?p=h), [fabric](/usc/15/1191.md?p=f), or [related material](/usc/15/1191.md?p=g) guaranteed, in which case it may be on the invoice or other paper relating to such [product](/usc/15/1191.md?p=h), [fabric](/usc/15/1191.md?p=f), or [related material](/usc/15/1191.md?p=g); (2) a continuing guaranty given by seller to buyer applicable to any [product](/usc/15/1191.md?p=h), [fabric](/usc/15/1191.md?p=f), or [related material](/usc/15/1191.md?p=g) sold or to be sold to buyer by seller in a form as the [Commission](/usc/15/1191.md?p=i) by rules and regulations may prescribe; or (3) a continuing guaranty filed with the [Commission](/usc/15/1191.md?p=i) applicable to any [product](/usc/15/1191.md?p=h), [fabric](/usc/15/1191.md?p=f), or [related material](/usc/15/1191.md?p=g) handled by a guarantor, in such form as the [Commission](/usc/15/1191.md?p=i) by rules or regulations may prescribe. - (b) **False guaranty—** It shall be unlawful for any [person](/usc/15/1191.md?p=a) to furnish, with respect to any [product](/usc/15/1191.md?p=h), [fabric](/usc/15/1191.md?p=f), or [related material](/usc/15/1191.md?p=g), a false guaranty (except a [person](/usc/15/1191.md?p=a) relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the [person](/usc/15/1191.md?p=a) by whom the [product](/usc/15/1191.md?p=h), [fabric](/usc/15/1191.md?p=f), or [related material](/usc/15/1191.md?p=g) guaranteed was manufactured or from whom it was received) with reason to believe the [product](/usc/15/1191.md?p=h), [fabric](/usc/15/1191.md?p=f), or [related material](/usc/15/1191.md?p=g) falsely guaranteed may be introduced, sold, or transported in [commerce](/usc/15/1191.md?p=b), and any [person](/usc/15/1191.md?p=a) who violates the provisions of this subsection is guilty of an unfair method of competition, and an unfair or deceptive act or practice, in [commerce](/usc/15/1191.md?p=b) within the meaning of the [Federal Trade Commission Act](/usc/15/1191.md?p=j) [[15 U.S.C. 41](/usc/15/41.md) et seq.]. ## Source credit (June 30, 1953, ch. 164, § 8, 67 Stat. 114; Pub. L. 90–189, § 6, Dec. 14, 1967, 81 Stat. 572.) ## Notes ### Editorial Notes ### References in Text The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables. ### Amendments 1967—Subsec. (a). Pub. L. 90–189 substituted “product, fabric, or related material” for “wearing apparel or fabric” wherever appearing and “in accordance with standards issued or amended under the provisions of section 1193 of this title show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of section 1193 of this title” for “under the procedures provided in section 1193 of this title show that the fabric covered by the guaranty, or used in the wearing apparel covered by the guaranty, is not, under the provisions of section 1193 of this title, so highly flammable as to be dangerous when worn by individuals”, added cl. (2), and redesignated former cl. (2) as (3). Subsec. (b). Pub. L. 90–189 substituted “product, fabric, or related material” for “wearing apparel or fabric” wherever appearing. ### Statutory Notes and Related Subsidiaries ### Transfer of Functions Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title.