15 U.S.C. § 1192

Prohibited transactions

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(a) Nonconforming products

The manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of section 1193 of this title, shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

(b) Nonconforming components

The manufacture for sale, the sale, or the offering for sale, of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under section 1193 of this title, and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

(June 30, 1953, ch. 164, § 3, 67 Stat. 111; Pub. L. 90–189, § 2, Dec. 14, 1967, 81 Stat. 568.)Editorial NotesReferences in Text

The Federal Trade Commission Act, referred to in text, 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 “or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of section 1193 of this title” for “or for the purpose of sale or delivery after sale in commerce, of any article of wearing apparel which under the provisions of section 1193 of this title is so highly flammable as to be dangerous when worn by individuals”.

Subsecs. (b), (c). Pub. L. 90–189 struck out former subsec. (b) which made the sale or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported in commerce or for the purpose of sale or delivery after sale in commerce, of any fabric which under the provisions of section 1193 of this title was so highly flammable as to be dangerous when worn by individuals unlawful and an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act, redesignated subsec. (c) as (b) and, in subsec. (b) as so redesignated, substituted “product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under section 1193 of this title” for “article of wearing apparel made of fabric which under section 1193 of this title is so highly flammable as to be dangerous when worn by individuals”.

Statutory Notes and Related SubsidiariesTransfer 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.

Notes of Decisions

Cited in 10 cases, 1972–2006 · leading case: Citicorp Indus. Credit, Inc. v. Brock, 483 U.S. 27 (1987).

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Citicorp Indus. Credit, Inc. v. Brock, 483 U.S. 27 (1987). · cites it 2× “, 15 U. S. C. § 1192 (fabrics failing to conform to flammability standards); 15 U.”

Mercogliano v. Sears, Roebuck & Co., 303 A.D.2d 566 (N.Y. App. Div. 2003). “The standards mandated therein, which are industry-derived, establish a minimum resistance-to-flammability level (see Perez v Mini-Max Stores, 231 AD2d 162, 164-165 [1997]) and clearly were promulgated to determine flammability levels before products are passed to consumers (see…”

United States v. Sun & Sand Imports, Ltd., Inc., & Guido Muller, Individually & as President of Sun & Sand Imports, Ltd., Inc., 725 F.2d 184 (2d Cir. 1984). “The FFA provides that a person who willfully violates 15 U.S.C. § 1192 “shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $5,000 or be imprisoned not more than one year or both.”

United States v. Danube Carpet Mills, Inc., & Carl D. Hagaman, 737 F.2d 988 (11th Cir. 1984). “The manufacture, distribution or sale of products which fail to conform to this standard is a violation of the FFA, 15 U.S.C. § 1192 . Congress originally entrusted the FTC with enforcement of the FFA but in 1973 transferred such authority to the Consumer Product Safety…”

Perez v. Mini-Max Stores, Inc., 231 A.D.2d 162 (N.Y. App. Div. 1997). “The Flammable Fabrics Act of 1953 ( 15 USC §§ 1191-1204 ) prohibits the sale and distribution of fabrics intended for use in clothing which do not comply with the threshold standards contained in the Act ( 15 USC § 1192 ). The statute sets forth as a test an industry-developed…”

Motions Sys. Corp. v. Bush, 437 F.3d 1356 (Fed. Cir. 2006). “§ 381 ), nonconforming products (see 15 U.S.C. § 1192 ), and toxic substances (see 15 U.”

Nat'l Petroleum Refiners Ass'n v. Fed. Trade Comm'n, 340 F. Supp. 1343 (D.D.C. 1972). “Compare 15 U.S.C. § 1192 (1964) with 15 U.S.C. § 68a, 15 U.”

Fed. Trade Comm'n v. Approximately 500 Dozen Flammable Chenille Berets, More or Less M. Grossman & Son, Inc., & Betmar Hats, Inc., 458 F.2d 1277 (3rd Cir. 1972). · cites it 4× “As a result of these tests, the Commission determined that the berets were dangerously flammable and that their introduction into commerce violated Section 3 of the Flammable Fabrics Act, 15 U.S.C. § 1192 (1970). The Commission then instituted a seizure action 1 pursuant to…”

United States v. Danube Carpet Mills, Inc., 540 F. Supp. 507 (N.D. Ga. 1982). “§ 1192 (b), the manufacture for sale and sale of carpet that does not meet the flammability standard is an unfair method of competition and a deceptive act or practice in commerce under the Federal Trade Commission Act. 13. The receipt by consumers of carpet that does not meet…”

United States v. Jackets, 23,900 More or Less, Men & Boys, Flammable, 534 F.2d 1224 (6th Cir. 1976). “See 15 U.S.C. § 1192 (1970). The statute at issue in this case was originally adopted in 1953 and read: STANDARD OF FLAMMABILITY Sec.”

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