Guides For The Hosiery Industry
16 CFR Part 22 · Guides · in the Code of Federal Regulations 1980-1995 (16 annual editions)
Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.
Latest edition: Library of Congress, 1995 CFR · Earliest edition: 1980 CFR
Text (1995 edition, OCR)
§ 22.0 vided that a clear and conspicuous dis- closure is made in conjunction with such representations as to the manner of application of the backing, as for ex- ample, ‘‘window glass mirror, painted back.”’ (8) The disclosure of the kind or type of glass and the kind and type of back- ing thereof required under this section may be in the form of a stamp, tag, mark or label on or attached to the product and shall be of such size type and so situated that it will come to the attention of the casual observer and be so affixed as to remain on the product until consumption of consumer sale. (4) The following are examples of the marks, stamps or labels which will be regarded as meeting the requirements of this section: An industry product containing “plate glass,’’ copper backed by an electrolytic process may be marked or described “plate glass- copper electroplated,” or ‘‘float glass- copper backed’; an industry product containing window glass backed by an electrolytic process may be marked or described ‘‘window glass-copper plated back”? or “sheet glass-copper plated back,’”’ or an article containing plate glass backed with a copper plating which has been applied mechanically -or by means other than the use of elec- tric current may be marked or de- scribed as ‘“‘plate glass-painted back.’’ [Guide 2] PART 22—GUIDES FOR THE HOSIERY INDUSTRY Sec. 22.0 Definitions. 22.1 Scope of guides in this part; imports and exports. 22.2 Deception (general). 22.3 ‘“‘Lisle.”” 22.4 ‘‘Irregulars’’ or ‘‘seconds”’. 22.6 Removal, obliteration, or alteration of marks. 22.6 Size markings and designations. AUTHORITY: Secs. 6, 5, 38 Stat. 721, 719; 15 U.S.C. 46, 45. Source: 44 FR 11184, Feb. 27, 1979, unless otherwise noted. NOTE: Nothing in this part is to be con- strued as relieving anyone of the necessity of complying with the requirements of the Wool Products Labeling Act of 1939 or the re- quirements of the Textile Fiber Products 16 CFR Ch. | (1-1-95 Edition) Identification Act or with the rules and reg- ulations issued under such Acts. $22.0 Definitions. As used in this part the terms “in- dustry member” and ‘industry prod- ucts’’ shall have the following mean- ing: Industry member. Any person, firm, corporation, or organization (including manufacturers, wholesalers, jobbers, importers, retailers, etc.) engaged in the sale, offering for sale, or distribu- tion, in commerce, of industry prod- ucts as defined below. Industry products. Hosiery for men, women and children, including all types and kinds of hose, stockings, socks, anklets, and other related prod- ucts of the Hosiery Industry. $22.1 Scope of guides in this part; im- ports and exports. (a) Applicability. Except where other- wise required by law, the guides in this part shall apply to all hosiery produced in the United States or offered for sale, sold or distributed in the American market. (b) Imports. Imported hosiery is sub- ject to the guides in this part (and the . marking requirements herein specified) the same as domestic hosiery, irrespec- tive of whether the hosiery was origi- nally manufactured in the United States and exported and thereafter im- ported; or whether it was manufac- tured in a foreign country and im- ported from such foreign country or another country into the United States; or whether the hosiery, foreign or domestic, was introduced into the American market in any other way. (c) Exports. Hosiery produced in the United States for export to a foreign country need not be marked in accord- ance with the requirements of the guides in this part, except: (1) Where such hosiery, although in- tended for export, or actually exported, is subsequently offered for sale or sold for use, consumption or resale within the United States or place subject to its jurisdiction; or (2) Where such hosiery manufactured in the United States for export, or sold for export, is marked, sold or exported in such manner or under such condi- tions as to involve fraud or deception, 138 Federal Trade Commission or an unfair method of competition against an American competitor en- gaged in export trade, or a matter oth- erwise contrary to the public policy of the United States; or (3) Where required by the Wool Prod- ucts Labeling Act or by other provi- sions of law. (Guide 1) $22.2 Deception (general). It is an unfair trade practice to sell, offer for sale, or distribute industry products by any method, or under any representation, description, cir- cumstance or condition which has the capacity and tendency or effect of de- ceiving purchasers or prospective pur- chasers as to the grade, character, con- struction, origin, denier, size, style, fashion, gauge, twist of yarn, quality, quantity, value, price, serviceability, resistance to snagging or the develop- ment of runs, holes or breaks in the §22.4 fabric, strength, stretch, length, color, finish, manufacture, or distribution of any product of the industry or compo- nent part of such product, or in any other material respect. [Guide 2] $22.3 “Lisle.” (a) It is an unfair trade practice to use the term “‘lisle’’ or word, term, or representation of similar import, as de- scriptive of hosiery or any part thereof, under any condition having the capac- ity and tendency or effect of mislead- ing or deceiving purchasers or prospec- tive purchasers. For purposes of this section the term ‘“‘lisle’’ as descriptive of hosiery, or part thereof, is consid- ered as representing that such hosiery is made of yarn composed of two or more ply of combed long staple cotton fiber, the ply twist of which is not less than the turns per inch indicated in the following table: ply Sply +ply Count xb . multiplier muttiplier multiplier 30 16 4% 13 4% 11 4 40 19 4a 15 4% 13 4 50 21 4a" 17 4% 14 4 60 23 a 18 4% 15 4 70 25 a 20 4% 17 4 80 27 4% 21 4% 18 4 90 28 4% 23 4% 19 4 100 29 4% 24 4% 20 4 120 31 a% 26 4% 22 4 140 ard HIGhE? ........cccscersccssonenesaseeoness wesc 4% 28 4% 24 4 33 NOTE: The minimum twist of intermediate counts not given should be in proportion to those given in the table. The average re- (b) The term “long staple cotton fiber’’ as used in this section is under- stood to mean cotton fiber which is not less than 1%” in length of staple: Pro- vided, however, That nothing in this section shall be construed as prohibit- ing the use of cotton fiber which is not less than 1%e” in length of staple for the counts of 35 and less above referred to. (Guide 3] $22.4 “Irregulars” or “seconds”. (a) It is an unfair trade practice to fail to disclose on industry products and in all advertising and promotional material relating thereto that such reported to the nearest whole number. an number of tums given for the yam, minus 1 tum for each ad- each additional ply above 4, 1 tum per inch may be deducted the minimum sumber of tums products are ‘“‘irregulars”’ or ‘‘seconds,”’ when such is the case. (b) It is an unfair trade practice to cause any industry products to be falsely or deceptively marked, adver- tised, described or otherwise rep- resented, either as not being or as being “‘irregulars’’ or ‘“‘seconds,’’ when such is not the fact. (c) For the purpose of this section “irregulars” shall be considered as in- cluding all hosiery which is not of first quality but which contains only minor imperfections limited to irregularities in dimensions, size, color or knit, and without the presence of any obvious mends, runs, tears or breaks in the fab- 139 §22.5 ric or any substantial damage to the yarn or fabric itself. ‘“‘Seconds” shall be considered as including all hosiery which is not of first quality, does not qualify as ‘“‘irregulars’’ and which con- tains runs, obvious mends, irregular- ities, substantial imperfections, or de- fects in material, construction or fin- ish. (a) The marking of hosiery under this section shall be made in a conspicuous and non-deceptive manner with suffi- cient permanency or indelibility to carry through the channels of trade to the ultimate consumer in a clearly leg- ible condition. The words ‘‘irregulars’’ or “‘seconds’’ as the case may be shall be set out distinctly by transfer or other marking on the fabric of each stocking, sock or other unit, whether sold in pairs, threes or otherwise. In addition, if the hosiery is packaged in any manner so as to conceal the disclo- sures required by this section then such disclosures shall also be made on such packaging in a conspicuous and non-deceptive manner. The required disclosures in advertising and other promotional material that industry products are ‘“‘irregulars’’ or ‘‘seconds,” must also be made in a conspicuous and non-deceptive manner. [Guide 4] §22.56 Removal, obliteration, or alter- ation of marks. It is an unfair trade practice for any manufacturer, converter, processor, dyer, finisher, distributor, dealer, im- porter or vendor, or person acting for or in collusion with any concern or vendor, (a) To remove, obliterate, deface, change, alter, conceal, or make illegi- ble any information required by the guides in this part to be disclosed on industry products, without replacing the same before sale, resale or distribu- tion for sale with a proper mark meet- ing the requirements of the guides in this part; or (b) To sell, resell, or distribute any industry product without its being marked and described in accordance with the requirements of the guides in this part. NOTE: Hosiery which has been redyed shall be re-marked in accordance with the require- ments of the guides in this part. Hosiery found to contain a false or deceptive mark, 16 CFR Ch. I (1-1-95 Edition) or a mark contrary to the requirements of the guides in this part, shall be re-marked in accordance with the guides in this part. [Guide 5] $22.6 Size markings and designations.! In connection with the sale or offer- ing for sale of industry products, it is an unfair trade practice: (a) To mark or otherwise represent any industry product as being of a cer- tain size which is not in fact the true and normal size thereof; or (b) To alter the true and normal size of industry products by stretching or manipulation so as to deceive pur- chasers or prospective purchasers as to such size; or .(c) To fail to disclose on industry products the true and normal size thereof when the failure to make such disclosure has the capacity and tend- ency or effect of deceiving purchasers or prospective purchasers as to the size of such products. NOTE: So-called ‘‘stretch’’ hose (which is represented as being suitable for more than one size foot) should be marked so as to clearly disclose the minimum and the maxi- mum sizes for which such hose is in fact suit- able, and the range should be limited to the sizes which such hose will comfortably fit without undue looseness or tension. [Guide 6] PART 23—GUIDES FOR THE JEWELRY INDUSTRY Definitions. Deception (general). Misleading illustrations. Misrepresentation as to origin and dis- closure of foreign origin. 23.4 Misuse of terms “hand-made,” ‘‘hand- polished,”’ etc. 23.5 Misrepresentation as to gold content. 23.6 Misrepresentation as to silver content. 23.7 Misuse of words ‘platinum,’ ‘“‘irid- fum,’”’ “palladium,” “ruthenium,” “rho- dium,” and “osmium”’. 23.8 Additional requirements relating to quality marks. 23.9 Misuse of the word ‘‘diamond”’. 23.10 Misuse of word ‘‘perfect,”’ etc. 23.11 Misuse of term ‘‘blue white.” 23.12 Misuse of the term ‘‘properly cut,’’ etc. 1Commercial Standard CS 46-49, “Hosiery Lengths and Sizes’’ is recognized as a proper method to follow in determining measure- ments and sizes of hosiery. 140