---
kind: "range"
citation: "15 U.S.C. §§ 70–70k"
title: "15"
from: "70"
to: "70k"
count: 12
release: "119-102"
url: "https://uscodex.org/usc/15/70..70k"
---

# §70. Definitions


As used in this subchapter—

- (a) The term “person” means an individual, partnership, corporation, [association](/usc/15/657h.md?p=a-2) or any other form of business enterprise.
- (b) The term “fiber” or “textile fiber” means a unit of matter which is capable of being spun into a [yarn](#e) or made into a [fabric](#f) by bonding or by interlacing in a variety of methods including weaving, knitting, braiding, felting, twisting, or webbing, and which is the basic structural element of textile products.
- (c) The term “natural fiber” means any [fiber](#b) that exists as such in the natural [state](/usc/15/15g.md?p=2).
- (d) The term “manufactured fiber” means any [fiber](#b) derived by a process of manufacture from any substance which, at any point in the manufacturing process, is not a [fiber](#b).
- (e) The term “yarn” means a strand of [textile fiber](#b) in a form suitable for weaving, knitting, braiding, felting, webbing, or otherwise fabricating into a [fabric](#f).
- (f) The term “fabric” means any material woven, knitted, felted, or otherwise produced from, or in combination with, any natural or [manufactured fiber](#d), [yarn](#e), or substitute therefor.
- (g) The term “household textile articles” means articles of wearing apparel, costumes and accessories, draperies, floor coverings, furnishings, beddings, and other textile goods of a type customarily used in a household regardless of where used in fact.
- (h) The term “textile fiber product” means—
  - (1) any [fiber](#b), whether in the finished or unfinished [state](/usc/15/15g.md?p=2), used or intended for use in [household textile articles](#g);
  - (2) any [yarn](#e) or [fabric](#f), whether in the finished or unfinished [state](/usc/15/15g.md?p=2), used or intended for use in [household textile articles](#g); and
  - (3) any household textile article made in whole or in part of [yarn](#e) or [fabric](#f);

  except that such term does not include a product required to be labeled under the Wool Products Labeling Act of 1939 [[15 U.S.C. 68](/usc/15/68.md) et seq.].

- (i) The term “affixed” means attached to the [textile fiber product](#h) in any manner.
- (j) The term “Commission” means the Federal Trade Commission.
- (k) The term “commerce” means commerce among the several [States](/usc/15/15g.md?p=2) or with foreign nations, or in any [Territory](#l) of the United States or in the District of Columbia, or between any such [Territory](#l) and another, or between any such [Territory](#l) and any [State](/usc/15/15g.md?p=2) or foreign nation or between the District of Columbia and any [State](/usc/15/15g.md?p=2) or [Territory](#l) or foreign nation.
- (l) The term “Territory” includes the insular possessions of the United States, and also any Territory of the United States.
- (m) The term “ultimate consumer” means a [person](#a) who obtains a [textile fiber product](#h) by [purchase](/usc/15/78c–5.md?p=g) or [exchange](/usc/15/636.md?p=a-36-A-xvi) with no intent to sell or [exchange](/usc/15/636.md?p=a-36-A-xvi) such [textile fiber product](#h) in any form.

# §70a. Violations of Federal Trade Commission Act

- (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](/usc/15/70.md?p=k), or the transportation or causing to be transported in [commerce](/usc/15/70.md?p=k), or the importation into the United States, of any [textile fiber product](/usc/15/70.md?p=h) 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](/usc/15/70.md?p=k) under the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) 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](/usc/15/70.md?p=h) which has been advertised or offered for sale in [commerce](/usc/15/70.md?p=k), 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](/usc/15/70.md?p=k) under the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.].
- (c) **Sale, offering for sale, advertising, delivery, transportation of products after shipment in commerce—** The sale, offering for sale, advertising, delivery, transportation, or causing to be transported, after shipment in [commerce](/usc/15/70.md?p=k), of any [textile fiber product](/usc/15/70.md?p=h), whether in its original [state](/usc/15/15g.md?p=2) or contained in other [textile fiber products](/usc/15/70.md?p=h), 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](/usc/15/70.md?p=k) under the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) 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](/usc/15/70.md?p=h) 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](/usc/15/1681a.md?p=r-4) of a [person](/usc/15/70.md?p=a) subject to the provisions of this subchapter if the processor or finisher does not change the [textile fiber](/usc/15/70.md?p=b) content of the [textile fiber product](/usc/15/70.md?p=h) 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](/usc/15/70.md?p=h) 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](/usc/15/1278.md?p=c-1-D-i), [distributor](/usc/15/1278.md?p=c-1-D-i), or seller of the [textile fiber product](/usc/15/70.md?p=h) to which the false or deceptive advertisement relates, if such publisher or other advertising agency or medium furnishes to the [Commission](/usc/15/70.md?p=j), upon request, the name and post office address of the [manufacturer](/usc/15/1278.md?p=c-1-D-i), [distributor](/usc/15/1278.md?p=c-1-D-i), seller, or other [person](/usc/15/70.md?p=a) residing in the United States, who caused the dissemination of the advertising material; or
  - (5) to any [textile fiber product](/usc/15/70.md?p=h) until such product has been produced by the [manufacturer](/usc/15/1278.md?p=c-1-D-i) or processor in the form intended for sale or delivery to, or for use by, the [ultimate consumer](/usc/15/70.md?p=m): Provided, That this exemption shall apply only if such [textile fiber product](/usc/15/70.md?p=h) is covered by an invoice or other paper relating to the marketing or handling of the [textile fiber product](/usc/15/70.md?p=h) and such invoice or paper correctly discloses the information with respect to the [textile fiber product](/usc/15/70.md?p=h) which would otherwise be required under [section 70b of this title](/usc/15/70b.md) to be on the stamp, tag, label, or other identification and the name and address of the [person](/usc/15/70.md?p=a) issuing the invoice or paper.

# §70b. Misbranded and falsely advertised textile fiber products

- (a) **False or deceptive identification—** Except as otherwise provided in this subchapter, a [textile fiber product](/usc/15/70.md?p=h) 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](/usc/15/70.md?p=b) contained therein.
- (b) **Stamp, tag, label or other means of identification; contents—** Except as otherwise provided in this subchapter, a [textile fiber product](/usc/15/70.md?p=h) shall be misbranded if a stamp, tag, label, or other means of identification, or substitute therefor authorized by [section 70c of this title](/usc/15/70c.md), is not on or [affixed](/usc/15/70.md?p=i) to the product showing in words and figures plainly legible, the following:
  - (1) The constituent [fiber](/usc/15/70.md?p=b) or combination of [fibers](/usc/15/70.md?p=b) in the [textile fiber product](/usc/15/70.md?p=h), designating with equal prominence each natural or [manufactured fiber](/usc/15/70.md?p=d) in the [textile fiber product](/usc/15/70.md?p=h) by its generic name in the [order](/usc/15/8702.md?p=14) of predominance by the weight thereof if the weight of such [fiber](/usc/15/70.md?p=b) is 5 per centum or more of the total [fiber](/usc/15/70.md?p=b) 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](/usc/15/70.md?p=b) or group of [fibers](/usc/15/70.md?p=b) present in an amount of 5 per centum or less by weight of the total [fiber](/usc/15/70.md?p=b) content shall not be designated by the generic name or the trademark of such [fiber](/usc/15/70.md?p=b) or [fibers](/usc/15/70.md?p=b), but shall be designated only as “other [fiber](/usc/15/70.md?p=b)” or “other [fibers](/usc/15/70.md?p=b)” as the case may be, but nothing in this section shall be construed as prohibiting the disclosure of any [fiber](/usc/15/70.md?p=b) present in a [textile fiber product](/usc/15/70.md?p=h) which has a clearly established and definite functional significance where present in the amount contained in such product.
  - (2) The percentage of each [fiber](/usc/15/70.md?p=b) present, by weight, in the total [fiber](/usc/15/70.md?p=b) content of the [textile fiber product](/usc/15/70.md?p=h), exclusive of ornamentation not exceeding 5 per centum by weight of the total [fiber](/usc/15/70.md?p=b) content: Provided, That, exclusive of permissible ornamentation, any [fiber](/usc/15/70.md?p=b) or group of [fibers](/usc/15/70.md?p=b) present in an amount of 5 per centum or less by weight of the total [fiber](/usc/15/70.md?p=b) content shall not be designated by the generic name or trademark of such [fiber](/usc/15/70.md?p=b) or [fibers](/usc/15/70.md?p=b), but shall be designated only as “other [fiber](/usc/15/70.md?p=b)” or “other [fibers](/usc/15/70.md?p=b)” as the case may be but nothing in this section shall be construed as prohibiting the disclosure of any [fiber](/usc/15/70.md?p=b) present in a [textile fiber product](/usc/15/70.md?p=h) 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](/usc/15/70.md?p=h) which contains more than one kind of [fiber](/usc/15/70.md?p=b), deviation in the [fiber](/usc/15/70.md?p=b) content of any [fiber](/usc/15/70.md?p=b) 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](/usc/15/70.md?p=j): And provided further, That any such deviation which exceeds said tolerances shall not be a misbranding if the [person](/usc/15/70.md?p=a) 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](/usc/15/70.md?p=j), of the [manufacturer](/usc/15/1278.md?p=c-1-D-i) of the product or one or more [persons](/usc/15/70.md?p=a) subject to [section 70a of this title](/usc/15/70a.md) with respect to such product.
  - (4) If it is an imported [textile fiber product](/usc/15/70.md?p=h) the name of the country where processed or manufactured.
  - (5) If it is a [textile fiber product](/usc/15/70.md?p=h) 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](/usc/15/70.md?p=h) shall be considered to be falsely or deceptively advertised if any disclosure or implication of [fiber](/usc/15/70.md?p=b) 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](/usc/15/70.md?p=h), unless the same information as that required to be shown on the stamp, tag, label, or other identification under subsection [(b)(1)](#b-1) and [(2)](#b-2) is contained in the heading, body, or other part of such written advertisement, except that the percentages of the [fiber](/usc/15/70.md?p=b) present in the [textile fiber product](/usc/15/70.md?p=h) 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.
- (e) **Labelling of packages—** For purposes of this subchapter, in addition to the [textile fiber products](/usc/15/70.md?p=h) contained therein, a [package](/usc/15/1471.md?p=3) of [textile fiber products](/usc/15/70.md?p=h) intended for sale to the [ultimate consumer](/usc/15/70.md?p=m) shall be misbranded unless such [package](/usc/15/1471.md?p=3) has [affixed](/usc/15/70.md?p=i) to it a stamp, tag, label, or other means of identification bearing the information required by [subsection (b)](#b), with respect to such contained [textile fiber products](/usc/15/70.md?p=h), or is transparent to the extent it allows for the clear reading of the stamp, tag, label, or other means of identification on the [textile fiber product](/usc/15/70.md?p=h), or in the case of hosiery items, this section shall not be construed as requiring the affixing of a stamp, tag, label, or other means of identification to each hosiery product contained in a [package](/usc/15/1471.md?p=3) if (1) such hosiery products are intended for sale to the [ultimate consumer](/usc/15/70.md?p=m) in such [package](/usc/15/1471.md?p=3), (2) such [package](/usc/15/1471.md?p=3) has [affixed](/usc/15/70.md?p=i) to it a stamp, tag, label, or other means of identification bearing, with respect to the hosiery products contained therein, the information required by subsection [(b)](#b), and (3) the information on the stamp, tag, label, or other means of identification [affixed](/usc/15/70.md?p=i) to such [package](/usc/15/1471.md?p=3) is equally applicable with respect to each [textile fiber product](/usc/15/70.md?p=h) contained therein.
- (f) **Fabric severed from bolts, pieces or rolls of fabric—** This section shall not be construed as requiring designation of the [fiber](/usc/15/70.md?p=b) content of any portion of [fabric](/usc/15/70.md?p=f), when sold at retail, which is severed from bolts, pieces, or rolls of [fabric](/usc/15/70.md?p=f) labeled in accordance with the provisions of this section at the time of such sale: Provided, That if any portion of [fabric](/usc/15/70.md?p=f) severed from a bolt, piece, or roll of [fabric](/usc/15/70.md?p=f) is in any manner represented as containing percentages of natural or [manufactured fibers](/usc/15/70.md?p=d), other than that which is set forth on the labeled bolt, piece, or roll, this section shall be applicable thereto, and the information required shall be separately set forth and segregated as required by this section.
- (g) **Advertisement of textile product by use of name or symbol of fur-bearing animal—** For the purposes of this subchapter, a [textile fiber product](/usc/15/70.md?p=h) shall be considered to be falsely or deceptively advertised if the name or symbol of any fur-bearing animal is used in the advertisement of such product unless such product, or the part thereof in connection with which the name or symbol of a fur-bearing animal is used, is a fur or fur product within the meaning of the Fur Products Labeling Act [[15 U.S.C. 69](/usc/15/69.md) et seq.]: Provided, however, That where a [textile fiber product](/usc/15/70.md?p=h) contains the hair or [fiber](/usc/15/70.md?p=b) of a fur-bearing animal, the name of such animal, in conjunction with the word “[fiber](/usc/15/70.md?p=b)”, “hair”, or “blend”, may be used.
- (h) **Reused stuffing—** For the purposes of this subchapter, a [textile fiber product](/usc/15/70.md?p=h) shall be misbranded if it is used as stuffing in any upholstered product, mattress, or cushion after having been previously used as stuffing in any other upholstered product, mattress, or cushion, unless the upholstered product, mattress, or cushion containing such [textile fiber product](/usc/15/70.md?p=h) bears a stamp, tag, or label approved by the [Commission](/usc/15/70.md?p=j) indicating in words plainly legible that it contains reused stuffing.
- (i) **Mail order catalog or promotional material—** For the purposes of this subchapter, a [textile fiber product](/usc/15/70.md?p=h) shall be considered to be falsely or deceptively advertised in any mail [order](/usc/15/8702.md?p=14) catalog or mail [order](/usc/15/8702.md?p=14) promotional material which is used in the direct sale or direct offering for sale of such [textile fiber product](/usc/15/70.md?p=h), unless such [textile fiber product](/usc/15/70.md?p=h) description [states](/usc/15/15g.md?p=2) in a clear and conspicuous manner that such [textile fiber product](/usc/15/70.md?p=h) 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](/usc/15/70.md?p=h) shall be misbranded if a stamp, tag, label, or other identification conforming to the requirements of this section is not on or [affixed](/usc/15/70.md?p=i) 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](/usc/15/70.md?p=i) on the outer side of such product, or in the case of hosiery items on the outer side of such product or [package](/usc/15/1471.md?p=3).
- (k) **Marking of certain sock products—**
  - (1) Notwithstanding any other provision of law, socks provided for in subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall be marked as legibly, indelibly, and permanently as the nature of the article or [package](/usc/15/1471.md?p=3) will permit in such a manner as to indicate to the [ultimate consumer](/usc/15/70.md?p=m) in the United States the English name of the country of origin of the article. The marking required by this subsection shall be on the front of the [package](/usc/15/1471.md?p=3), adjacent to the size designation of the product, and shall be set forth in such a manner as to be clearly legible, conspicuous, and readily accessible to the [ultimate consumer](/usc/15/70.md?p=m).
  - (2) **Exceptions.—** Any [package](/usc/15/1471.md?p=3) that contains several different types of goods and includes socks classified under subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall not be subject to the requirements of [paragraph (1)](#k-1).

# §70c. Removal of stamp, tag, label, or other identification

- (a) **Removal or mutilation after shipment in commerce—** After shipment of a [textile fiber product](/usc/15/70.md?p=h) in [commerce](/usc/15/70.md?p=k) 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](/usc/15/70.md?p=h) is sold and delivered to the [ultimate consumer](/usc/15/70.md?p=m), any stamp, tag, label, or other identification required by this subchapter to be [affixed](/usc/15/70.md?p=i) to such [textile fiber product](/usc/15/70.md?p=h), and any [person](/usc/15/70.md?p=a) 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](/usc/15/41.md) et seq.].
- (b) **Substitution of stamp, tag, etc.** Any [person](/usc/15/70.md?p=a)—
  - (1) introducing, selling, advertising, or offering for sale, in [commerce](/usc/15/70.md?p=k), or importing into the United States, a [textile fiber product](/usc/15/70.md?p=h) subject to the provisions of this subchapter, or
  - (2) selling, advertising, or offering for sale a [textile fiber product](/usc/15/70.md?p=h) whether in its original [state](/usc/15/15g.md?p=2) or contained in other [textile fiber products](/usc/15/70.md?p=h), which has been shipped, advertised, or offered for sale, in [commerce](/usc/15/70.md?p=k),

  may substitute for the stamp, tag, label, or other means of identification required to be [affixed](/usc/15/70.md?p=i) to such textile product pursuant to [section 70b(b) of this title](/usc/15/70b.md?p=b), a stamp, tag, label, or other means of identification conforming to the requirements of [section 70b(b) of this title](/usc/15/70b.md?p=b), and such substituted stamp, tag, label, or other means of identification shall show the name or other identification issued and registered by the [Commission](/usc/15/70.md?p=j) of the [person](/usc/15/70.md?p=a) making the substitution.

- (c) **Affixing of stamp, tag, etc. to individual unit of broken package—** If any [person](/usc/15/70.md?p=a) other than the [ultimate consumer](/usc/15/70.md?p=m) breaks a [package](/usc/15/1471.md?p=3) which bears a stamp, tag, label, or other means of identification conforming to the requirements of [section 70b of this title](/usc/15/70b.md), and if such [package](/usc/15/1471.md?p=3) contains one or more units of a [textile fiber product](/usc/15/70.md?p=h) to which a stamp, tag, label, or other identification conforming to the requirements of [section 70b of this title](/usc/15/70b.md) is not [affixed](/usc/15/70.md?p=i), such [person](/usc/15/70.md?p=a) 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](/usc/15/1471.md?p=3) to each unit of [textile fiber product](/usc/15/70.md?p=h) taken from such broken [package](/usc/15/1471.md?p=3).

# §70d. Records

- (a) **Maintenance and preservation by manufacturer—** Every [manufacturer](/usc/15/1278.md?p=c-1-D-i) of [textile fiber products](/usc/15/70.md?p=h) subject to this subchapter shall maintain proper records showing the [fiber](/usc/15/70.md?p=b) content as required by this subchapter of all such products made by him, and shall preserve such records for at least three years.
- (b) **Maintenance and preservation by person substituting stamp, tag, etc.** Any [person](/usc/15/70.md?p=a) substituting a stamp, tag, label, or other identification pursuant to [section 70c(b) of this title](/usc/15/70c.md?p=b) shall keep such records as will show the information set forth on the stamp, tag, label, or other identification that he removed and the name or names of the [person](/usc/15/70.md?p=a) or [persons](/usc/15/70.md?p=a) from whom such [textile fiber product](/usc/15/70.md?p=h) was received, and shall preserve such records for at least three years.
- (c) **Neglect or refusal to maintain or preserve records—** The neglect or refusal to maintain or preserve the records required by this section is unlawful, and any [person](/usc/15/70.md?p=a) neglecting or refusing to maintain such records shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, in [commerce](/usc/15/70.md?p=k), under the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.].

# §70e. Enforcement

- (a) **Enforcement by Federal Trade Commission—** Except as otherwise specifically provided herein, this subchapter shall be enforced by the Federal Trade [Commission](/usc/15/70.md?p=j) under rules, regulations, and procedure provided for in the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.].
- (b) **Terms of Federal Trade Commission Act incorporated into this subchapter—** The [Commission](/usc/15/70.md?p=j) is authorized and directed to prevent any [person](/usc/15/70.md?p=a) from violating the provisions of this subchapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.] were incorporated into and made a part of this subchapter; and any such [person](/usc/15/70.md?p=a) violating the provisions of this subchapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this subchapter.
- (c) **Rules and regulations by Federal Trade Commission—** The [Commission](/usc/15/70.md?p=j) is authorized and directed to make such rules and regulations, including the establishment of generic names of [manufactured fibers](/usc/15/70.md?p=d), under and in pursuance of the terms of this subchapter as may be necessary and proper for [administration](/usc/15/2203.md?p=2) and enforcement.
- (d) **Inspection, analyses, tests, etc.** The [Commission](/usc/15/70.md?p=j) is authorized to cause inspections, analyses, tests, and examinations to be made of any product subject to this subchapter.

# §70f. Injunction proceedings


Whenever the [Commission](/usc/15/70.md?p=j) has reason to believe—

- (a) that any [person](/usc/15/70.md?p=a) is doing, or is about to do, an act which by section [70a](/usc/15/70a.md), [70c](/usc/15/70c.md), [70d](/usc/15/70d.md), [70g](/usc/15/70g.md), or [70h(b)](/usc/15/70h.md?p=b) of this title is declared to be unlawful; and
- (b) that it would be to the public interest to enjoin the doing of such act until complaint is issued by the [Commission](/usc/15/70.md?p=j) under the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.] and such complaint is dismissed by the [Commission](/usc/15/70.md?p=j) or set aside by the court on review or until an [order](/usc/15/8702.md?p=14) to cease and desist made thereon by the [Commission](/usc/15/70.md?p=j) has become final within the meaning of the Federal Trade Commission Act,

the [Commission](/usc/15/70.md?p=j) may bring suit in the district court of the United States or in the United States court of any [Territory](/usc/15/70.md?p=l), for the district or [Territory](/usc/15/70.md?p=l) in which such [person](/usc/15/70.md?p=a) resides or transacts business, to enjoin the doing of such act and upon proper showing a temporary injunction or restraining [order](/usc/15/8702.md?p=14) shall be granted without bond.


# §70g. Exclusion of misbranded textile fiber products


All [textile fiber products](/usc/15/70.md?p=h) imported into the United States shall be stamped, tagged, labeled, or otherwise identified in accordance with the provisions of [section 70b of this title](/usc/15/70b.md), and all invoices of such products required pursuant to [section 1484 of title 19](/usc/19/1484.md), shall set forth, in addition to the matter therein specified, the information with respect to said products required under the provisions of [section 70b(b) of this title](/usc/15/70b.md?p=b), which information shall be in the invoices prior to their certification, if such certification is required pursuant to [section 1484 of title 19](/usc/19/1484.md). The falsification of, or failure to set forth the required information in such invoices, or the falsification or perjury of the consignee’s declaration provided for in [section 1485 of title 19](/usc/19/1485.md), insofar as it relates to such information, is unlawful, and shall be an unfair method of competition, and an unfair and deceptive act or practice, in [commerce](/usc/15/70.md?p=k) under the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.]; and any [person](/usc/15/70.md?p=a) who falsifies, or perjures the consignee’s declaration insofar as it relates to such information, may thenceforth be prohibited by the [Commission](/usc/15/70.md?p=j) from importing, or participating in the importation of, any [textile fiber product](/usc/15/70.md?p=h) into the United States except upon filing bond with the Secretary of the Treasury in a sum double the value of said products and any duty thereon, conditioned upon compliance with the provisions of this subchapter. A verified statement from the [manufacturer](/usc/15/1278.md?p=c-1-D-i) or producer of such products showing their [fiber](/usc/15/70.md?p=b) content as required under the provisions of this subchapter may be required under regulation prescribed by the Secretary of the Treasury.


# §70h. Guaranty

- (a) **Avoidance of liability; requirements—** No [person](/usc/15/70.md?p=a) shall be guilty of an unlawful act under [section 70a of this title](/usc/15/70a.md) if he establishes a guaranty received in good faith, signed by and containing the name and address of the [person](/usc/15/70.md?p=a) residing in the United States by whom the [textile fiber product](/usc/15/70.md?p=h) guaranteed was manufactured or from whom it was received, that said product is not misbranded or falsely invoiced under the provisions of this subchapter. Said guaranty shall be (1) a separate guaranty specifically designating the [textile fiber product](/usc/15/70.md?p=h) guaranteed, in which case it may be on the invoice or other paper relating to said product; or (2) a continuing guaranty given by seller to the buyer applicable to all [textile fiber products](/usc/15/70.md?p=h) sold to or to be sold to buyer by seller in a form as the [Commission](/usc/15/70.md?p=j), by rules and regulations, may prescribe; or (3) a continuing guaranty filed with the [Commission](/usc/15/70.md?p=j) applicable to all [textile fiber products](/usc/15/70.md?p=h) handled by a guarantor in such form as the [Commission](/usc/15/70.md?p=j) by rules and regulations may prescribe.
- (b) **Furnishing false guaranty—** The furnishing of a false guaranty, except where the [person](/usc/15/70.md?p=a) furnishing such false guaranty relies on a guaranty to the same effect received in good faith signed by and containing the name and address of the [person](/usc/15/70.md?p=a) residing in the United States by whom the product guaranteed was manufactured or from whom it was received, is unlawful, and shall be an unfair method of competition, and an unfair and deceptive act or practice, in [commerce](/usc/15/70.md?p=k), within the meaning of the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.].

# §70i. Criminal penalty

- (a) Any [person](/usc/15/70.md?p=a) who willfully does an act which by section [70a](/usc/15/70a.md), [70c](/usc/15/70c.md), [70d](/usc/15/70d.md), [70g](/usc/15/70g.md), or [70h(b)](/usc/15/70h.md?p=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](/usc/15/70.md?p=j) has reason to believe that any [person](/usc/15/70.md?p=a) 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](/usc/15/70.md?p=a).

# §70j. Exemptions

- (a) None of the provisions of this subchapter shall be construed to apply to—
  - (1) upholstery stuffing, except as provided in [section 70b(h) of this title](/usc/15/70b.md?p=h);
  - (2) outer coverings of furniture, mattresses, and box springs;
  - (3) linings or interlinings incorporated primarily for structural purposes and not for warmth;
  - (4) filling or padding incorporated primarily for structural purposes and not for warmth;
  - (5) stiffenings, trimmings, facings, or interfacings;
  - (6) backings of, and paddings or cushions to be used under, floor coverings;
  - (7) sewing and handicraft threads;
  - (8) bandages, surgical dressings, and other [textile fiber products](/usc/15/70.md?p=h), the labeling of which is subject to the requirements of the Federal [Food](/usc/15/55.md?p=b), [Drug](/usc/15/55.md?p=c) and Cosmetic Act of 1938, as amended [[21 U.S.C. 301](/usc/21/301.md) et seq.];
  - (9) waste materials not intended for use in a [textile fiber product](/usc/15/70.md?p=h);
  - (10) [textile fiber products](/usc/15/70.md?p=h) incorporated in shoes or overshoes or similar outer footwear;
  - (11) [textile fiber products](/usc/15/70.md?p=h) incorporated in headwear, handbags, luggage, brushes, lampshades, or toys, catamenial devices, adhesive tapes and adhesive sheets, cleaning cloths impregnated with chemicals, or diapers.

  The exemption provided for any article by paragraph (3) or (4) of this subsection shall not be applicable if any representation as to [fiber](/usc/15/70.md?p=b) content of such article is made in any advertisement, label, or other means of identification covered by [section 70b of this title](/usc/15/70b.md).

- (b) The [Commission](/usc/15/70.md?p=j) may exclude from the provisions of this subchapter other [textile fiber products](/usc/15/70.md?p=h) (1) which have an insignificant or inconsequential [textile fiber](/usc/15/70.md?p=b) content, or (2) with respect to which the disclosure of [textile fiber](/usc/15/70.md?p=b) content is not necessary for the protection of the [ultimate consumer](/usc/15/70.md?p=m).

# §70k. Application of other laws


The provisions of this subchapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other Act of the United States.