Consumer Law Library

Disclosure of foreign origin required in mail order advertising

Topics: FTC Act §5: unfair or deceptive actsAdvertisingPromotional allowances

76 F.T.C. 1105 · Oct. 9, 1969 · Digest No. 369

source volume section (76 F.T.C. 1105)

Text is machine-OCR of the printed volume and may contain errors. Advisory opinions are the Commission's views on proposed conduct, not binding orders.

No. 369. Disclosure of foreign origin required in mail order advertising. The Commission rendered an advisory opinion to an importer of women s panty hose that it would be necessary to make a clear and conspicuous disclosure of the foreign origin of the hose in all mail order promotionallnaterial.

Under the factual situation presented to the Commission, the importer proposes to purchase the wearing apparel in West Germany for resale in the United States through the mai1. The hose will be plainly marked with a "Made in Free West Germany" tab sewn into the back of the garment, and the same disclosure will also be made on a paper sticker attached to the front of each cellophane bag containing the hose. Concluding that a disclosure would be required, the Commission said: "The underlying reason for the disc10sure requirement is that mail order purchasers do not have the opportunity to inspect the merchandise prior to the purchase thereof and be apprised of a material fact bearing upon their selection. " (File No. 7037017 Released October 9 1969) ="0. 370. Origin of cashmere sweaters.

The Commission advised an importer of cashmere sweaters that it would not be necessary, under Section 5 of the FTC Act to disclose they were knitted in Hong Kong or that the yarn was

spun in Japan , in the absence of an affrmative representation that the sweaters are entirely of domestic origin. Under the factual situation presented to it, the sweaters wil be knitted in Hong Kong from yarn which is spun in Japan. Thereafter, the sweaters will be shipped to a plant in the United States where they will be scoured, dyed , zippers added, steamed , and pressed. (File No. 693 7144 ReJeased October 9 1969)