§ 68b. Misbranded wool products

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1940

   Wool Products Labeling Act of 1939

   Pub. L. 76–871 § 4 · 54 Stat. 1128

   Enacted · 15 U.S.C. § 68b

   Oct. 14, 1940, ch. 871, § 4, 54 Stat. 1129

   Source evidence

   Code source credit
   Oct. 14, 1940, ch. 871, § 4, 54 Stat. 1129

   Enacted provision · exact public law section
   Sec. 4. misbranded wool products (a) A wool product shall be misbranded— Misbranded wool products. Falsely labeled, etc. (1) If it is falsely or deceptively stamped, tagged, labeled, or otherwise identified. (2) If a stamp, tag, label, or other means of identification, or No stamp, etc., affixed. Specified information not shown. substitute therefor under section 5, is not on or affixed to the wool product and does not show— (A) the percentage of the total fiber weight of the wool product, exclusive of ornamentation not exceeding 5 per centum of said total fiber weight, of (1) wool; (2) reprocessed wool; (3) reused wool; (4) each fiber other than wool if said percentage by weight of such fiber is 5 per centum or more; and (5) the aggregate of all other fibers: Provided, That deviation of the fiber contents of the wool product from percentages stated on the stamp, tag, label, or other means of identification, shall not be misbranding under this section if the person charged with misbranding proves such deviation resulted from unavoidable variations in manufacture and despite the exercise of due care to make accurate the statements on such stamp, tag, label, or other means of identification. (B) the maximum percentage of the total weight of the wool product, of any nonfibrous loading, filling, or adulterating matter. (C) the name of the manufacturer of the wool product and/or the name of one or more persons subject to section 3 with respect to such wool product. (3) Wool contents not legibly stated. In the case of a wool product containing a fiber other than wool, if the percentages by weight of the wool contents thereof are not shown in words and figures plainly legible. (4) In the case of a wool product represented as wool, if the percentages by weight of the wool content thereof are not shown in words and figures plainly legible, or if the total fiber weight of such wool product if not 100 per centum wool exclusive of ornamentation not exceeding 5 per centum of such total fiber weight. (b) Additional information. In addition to information required in this section, the stamp, tag, label, or other means of identification, or substitute therefor under section 5, may contain other information not violating the provisions of this Act or the rules and regulations of the Commission. (c) Replacing of label. If any person subject to section 3 with respect to a wool product finds or has reasonable cause to believe its stamp, tag, label, or other means of identification, or substitute therefor under section 5, does not contain the information required by this Act, he may replace same with a substitute containing the information so required. (d) Designations on garments, etc. This section shall not be construed as requiring designation on garments or articles of apparel of fiber content of any finings, paddings, stiffening, trimmings, or facings, except those concerning which express or implied representations of fiber content are customarily made, nor as requiring designation of fiber content of products which have an insignificant or inconsequential textile content: Proviso. Applicability. Provided, That if any such article or product purports to contain or in any manner is represented as containing wool, this section shall be applicable thereto and the information required shall be separately set forth and segregated. Announcement of classes. The Commission, after giving due notice and opportunity to be heard to interested persons, may determine and publicly announce the classes of such articles concerning which express or implied representations of fiber content, are customarily made, and those products which have an insignificant or inconsequential textile content.

2. 1980

   Pub. L. 96–242 § 2 · 94 Stat. 344

   1. Substituted · 15 U.S.C. § 68b(a)(2)(A)

      Pub. L. 96–242 substituted “recycled wool” for “reprocessed wool” as cl. (2)

   2. Struck · 15 U.S.C. § 68b(a)(2)(A)

      Pub. L. 96–242 struck out cl. (3) “reused wool”

   3. Redesignated · 15 U.S.C. § 68b(a)(2)(A)

      Pub. L. 96–242 redesignated existing cls. (4) and (5) as (3) and (4), respectively

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 96–242 substituted “recycled wool” for “reprocessed wool” as cl. (2), struck out cl. (3) “reused wool”, and redesignated existing cls. (4) and (5) as (3) and (4), respectively.

   Enacted provision · exact public law section
   Sec. 2. Section 4(a)(2)(A) of the Wool Products Labeling Act of 1939 is amended— (1) by striking out “(2) reprocessed wool; (3) reused wool” and inserting in lieu thereof “(2) recycled wool”; (2) by striking out “(4)” and inserting in lieu thereof “(3)”; and (3) by striking out “(5)” and by inserting in lieu thereof “(4)”.

3. 1984

   Drug Price Competition and Patent Term Restoration Act of 1984

   Pub. L. 98–417 § 304 · 98 Stat. 1585

   Added · 15 U.S.C. § 68b(a)(2)(D)

   Pub. L. 98–417, § 304, added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(D). Pub. L. 98–417, § 304, added subpar. (D).

   Enacted provision · exact public law section
   Sec. 304. Paragraph (2) of section 4(a) of the Wool Products Labeling Act of 1939 (15 U.S.C. 68b(a)(2)) is amended by adding at the end thereof the following new subparagraph: “(D) the name of the country where processed or manufactured.”.

4. 1984

   Drug Price Competition and Patent Term Restoration Act of 1984

   Pub. L. 98–417 § 305 · 98 Stat. 1585

   Added · 15 U.S.C. § 68b(e); 15 U.S.C. § 68b(f)

   Pub. L. 98–417, § 305, added subsecs. (e) and (f)

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 98–417, § 305, added subsecs. (e) and (f).

   Enacted provision · exact public law section
   Sec. 305. Section 4 of the Wool Products Labeling Act of 1939 (15 U.S.C. 68b) is amended by adding at the end thereof the following new subsections: “(e) For the purposes of this Act, a wool product shall be considered to be falsely or deceptively advertised in any mail order promotional material which is used in the direct sale or direct offering for sale of such wool product, unless such wool product description states in a clear and conspicuous manner that such wool product is processed or manufactured in the United States of America, or imported, or both. “(f) For purposes of this Act, any wool 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.”.

5. 2006

   Wool Suit Fabric Labeling Fairness and International Standards Conforming Act

   Pub. L. 109–428 § 2(a) · 120 Stat. 2913

   Added · 15 U.S.C. § 68b(a)(5); 15 U.S.C. § 68b(a)(6)

   Pub. L. 109–428 added pars. (5) and (6)

   Source evidence

   Code amendment note
   Subsec. (a)(5), (6). Pub. L. 109–428 added pars. (5) and (6).

   Enacted provision · exact public law section
   (a) In General.— Section 4(a) of the Wool Products Labeling Act of 1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following new paragraphs: “(5) In the case of a wool product stamped, tagged, labeled, or otherwise identified as— “(A) ‘Super 80’s’ or ‘80’s’, if the average diameter of wool fiber of such wool product does not average 19.75 microns or finer; “(B) ‘Super 90’s’ or ‘90’s’, if the average diameter of wool fiber of such wool product does not average 19.25 microns or finer; “(C) ‘Super 100’s’ or ‘100’s’, if the average diameter of wool fiber of such wool product does not average 18.75 microns or finer; “(D) ‘Super 110’s’ or ‘110’s’, if the average diameter of wool fiber of such wool product does not average 18.25 microns or finer; “(E) ‘Super 120’s’ or ‘120’s’, if the average diameter of wool fiber of such wool product does not average 17.75 microns or finer; “(F) ‘Super 130’s’ or ‘130’s’, if the average diameter of wool fiber of such wool product does not average 17.25 microns or finer; “(G) ‘Super 140’s’ or ‘140’s’, if the average diameter of wool fiber of such wool product does not average 16.75 microns or finer; “(H) ‘Super 150’s’ or ‘150’s’, if the average diameter of wool fiber of such wool product does not average 16.25 microns or finer; “(I) ‘Super 160’s’ or ‘160’s’, if the average diameter of wool fiber of such wool product does not average 15.75 microns or finer; “(J) ‘Super 170’s’ or ‘170’s’, if the average diameter of wool fiber of such wool product does not average 15.25 microns or finer; “(K) ‘Super 180’s’ or ‘180’s’, if the average diameter of wool fiber of such wool product does not average 14.75 microns or finer; “(L) ‘Super 190’s’ or ‘190’s’, if the average diameter of wool fiber of such wool product does not average 14.25 microns or finer; “(M) ‘Super 200’s’ or ‘200’s’, if the average diameter of wool fiber of such wool product does not average 13.75 microns or finer; “(N) ‘Super 210’s’ or ‘210’s’, if the average diameter of wool fiber of such wool product does not average 13.25 microns or finer; “(O) ‘Super 220’s’ or ‘220’s’, if the average diameter of wool fiber of such wool product does not average 12.75 microns or finer; “(P) ‘Super 230’s’ or ‘230’s’, if the average diameter of wool fiber of such wool product does not average 12.25 microns or finer; “(Q) ‘Super 240’s’ or ‘240’s’, if the average diameter of wool fiber of such wool product does not average 11.75 microns or finer; and “(R) ‘Super 250’s’ or ‘250’s’, if the average diameter of wool fiber of such wool product does not average 11.25 microns or finer. In each such case, the average fiber diameter of such wool product may be subject to such standards or deviations as adopted by regulation by the Commission. “(6) In the case of a wool product stamped, tagged, labeled, or otherwise identified as cashmere, if— “(A) such wool product is not the fine (dehaired) undercoat fibers produced by a cashmere goat (capra hircus laniger); “(B) the average diameter of the fiber of such wool product exceeds 19 microns; or “(C) such wool product contains more than 3 percent (by weight) of cashmere fibers with average diameters that exceed 30 microns. The average fiber diameter may be subject to a coefficient of variation around the mean that shall not exceed 24 percent.” .

   Effective date note
   Pub. L. 109–428, § 2(b), Dec. 20, 2006, 120 Stat. 2915, provided that: “The amendments made by this section [amending this section] shall apply to wool products manufactured on or after January 1, 2007.”

7 of 7 references resolved to an enrolled provision