15 U.S.C. § 1452
Unfair and deceptive packaging and labeling; scope of prohibition
(a) Nonconforming labelsIt shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this chapter) for distribution in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to be distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter and of regulations promulgated under the authority of this chapter.
(b) ExemptionsThe prohibition contained in subsection (a) shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled.
(Pub. L. 89–755, § 3, Nov. 3, 1966, 80 Stat. 1296.)
Notes of Decisions
Jones v. Rath Packing Co., 430 U.S. 519 (1977).
· cites it 2× “See 15 U. S. C. §§ 1452 , 1459 (a). That statute states a congressional policy that "[p]ackages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons.”
Zazu Designs, a P'ship v. L'oreal, S.A., 979 F.2d 499 (7th Cir. 1992).
“…have been sold to the public, because they lacked labels listing the ingredients and weight. See 21 U.S.C. § 362 (b); 15 U.S.C. §§ 1452 , 1453(a); 21 C.F.R. §§ 701.3 , 701.13(a). After L’Oréal’s national marketing was under way, its representatives thrice visited zhd and found…”
Del Labs., Inc. v. United States, 86 F.R.D. 676 (D.D.C. 1980).
“The Program also prevents unfair and deceptive packaging, 15 U.S.C. § 1452 , and permits a consumer to avoid products to which he may be sensitive or allergic.”
Gen. Mills, Inc. v. Jones, 530 F.2d 1317 (9th Cir. 1975).
“Under the FPLA, Section 3, 15 U.S.C. § 1452 , provides: (a) It shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this chapter) for distribution in commerce, or for any person (other than a common carrier for hire, a…”
Beckman v. Arizona Canning Co., LLC (S.D. Cal. 2019).
“§ 331 (b), prohibiting the adulteration or misbranding of any food; and (3) 15 U.S.C. §1452 , making it unlawful to package or label any consumer commodity which does not conform to 26 the Fair Packaging and Labeling Program set forth in 15 U.”
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