U.S. Code » Title 15 » Chapter CHAPTER 39— FAIR PACKAGING AND LABELING PROGRAM

15 U.S.C. § 1453

Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity

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(a) Contents of labelNo person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 1455 of this title which shall provide that—(1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor;(2) The net quantity of contents (in terms of weight or mass, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label, using the most appropriate units of both the customary inch/pound system of measure, as provided in paragraph (3) of this subsection, and, except as provided in paragraph (3)(A)(ii) or paragraph (6) of this subsection, the SI metric system;(3) The separate label statement of net quantity of contents appearing upon or affixed to any package—(A)(i) if on a package labeled in terms of weight, shall be expressed in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart;(ii) if on a random package, may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than three decimal places and is not required to, but may, include a statement in terms of the SI metric system carried out to not more than three decimal places;(iii) if on a package labeled in terms of linear measure, shall be expressed in terms of the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remainder in terms of inches or common or decimal fractions of the foot or yard;(iv) if on a package labeled in terms of measure of area, shall be expressed in terms of the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any remainder in terms of square inches or common or decimal fractions of the square foot or square yard;(B) shall appear in conspicuous and easily legible type in distinct contrast (by topography, layout, color, embossing, or molding) with other matter on the package;(C) shall contain letters or numerals in a type size which shall be (i) established in relationship to the area of the principal display panel of the package, and (ii) uniform for all packages of substantially the same size; and(D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be displayed; and(4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight or mass, measure, or numerical count) of each such serving.(5) For purposes of paragraph (3)(A)(ii) of this subsection the term “random package” means a package which is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights or masses, that is, packages with no fixed weight or mass pattern.(6) The requirement of paragraph (2) that the statement of net quantity of contents include a statement in terms of the SI metric system shall not apply to foods that are packaged at the retail store level.(b) Supplemental statements

No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a), but nothing in this subsection or in paragraph (2) of subsection (a) shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: Provided, That such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight or mass, measure, or count that tends to exaggerate the amount of the commodity contained in the package.

(Pub. L. 89–755, § 4, Nov. 3, 1966, 80 Stat. 1297; Pub. L. 102–245, title I, § 107(a), Feb. 14, 1992, 106 Stat. 13; Pub. L. 102–329, §§ 1, 3, Aug. 3, 1992, 106 Stat. 847, 848.)Editorial NotesAmendments

1992—Pub. L. 102–245, § 107, which directed amendment of section, effective two years after Feb. 14, 1992, by substituting “weight or mass” for “weight” in subsecs. (a)(2), (4), (5) and (b) and “weights or masses” for “weights” in subsec. (a)(5), by inserting “, using the most appropriate units of the SI metric system as the primary system for measuring quantity” after “panel of that label” in subsec. (a)(2), by substituting “that also displays the avoirdupois system of measure, and that contains” for “containing” in subsec. (a)(3)(A)(i), by inserting “that also displays the avoirdupois system of measure” after “random package” in subsec. (a)(3)(A)(ii), by inserting “that also displays the avoirdupois system of measure” after “linear measure” in subsec. (a)(3)(A)(iii), and by inserting “that also displays the avoirdupois system of measure” in subsec. (a)(3)(A)(iv), was repealed by Pub. L. 102–329, § 3.

Subsec. (a)(2). Pub. L. 102–329, § 1(1), (3), substituted “weight or mass” for “weight” and inserted before semicolon at end “, using the most appropriate units of both the customary inch/pound system of measure, as provided in paragraph (3) of this subsection, and, except as provided in paragraph (3)(A)(ii) or paragraph (6) of this subsection, the SI metric system”.

Subsec. (a)(3)(A)(i). Pub. L. 102–329, § 1(4)(A), substituted “labeled in terms of weight, shall be expressed in pounds” for “containing less than four pounds or one gallon and labeled in terms of weight or fluid measure, shall, unless subparagraph (ii) applies and such statement is set forth in accordance with such subparagraph, be expressed both in ounces (with identification as to avoirdupois or fluid ounces) and, if applicable, in pounds for weight units”.

Subsec. (a)(3)(A)(ii). Pub. L. 102–329, § 1(4)(B), (C), substituted “three” for “two” and inserted before semicolon at end “and is not required to, but may, include a statement in terms of the SI metric system carried out to not more than three decimal places”.

Subsec. (a)(3)(A)(iii). Pub. L. 102–329, § 1(4)(D), substituted “in terms of” for “both in terms of inches and”.

Subsec. (a)(3)(A)(iv). Pub. L. 102–329, § 1(4)(E), substituted “in terms of” for “both in terms of square inches and”.

Subsec. (a)(4). Pub. L. 102–329, § 1(1), substituted “weight or mass” for “weight”.

Subsec. (a)(5). Pub. L. 102–329, § 1(1), (2), substituted “weight or mass” for “weight” and “weights or masses” for “weights”.

Subsec. (a)(6). Pub. L. 102–329, § 1(5), added par. (6).

Subsec. (b). Pub. L. 102–329, § 1(1), substituted “weight or mass” for “weight”.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendments

Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.”

Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1975–2021 · leading case: Jones v. Rath Packing Co., 430 U.S. 519 (1977).
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Jones v. Rath Packing Co., 430 U.S. 519 (1977). · cites it 4× “[30] It is clear from reading the legislative history that Congress did not intend to alter the FDCA's standard of accuracy when it passed the FPLA's requirement that a separate and accurate statement of net quantity appear in a uniform location on package labels, 15 U. S. C. §…”
Waldman v. New Chapter, Inc., 714 F. Supp. 2d 398 (E.D.N.Y 2010). “¶¶ 27-32 (citing 15 U.S.C. § 1453 , 16 C.F.R. § 500 ). But Plaintiff now concedes that the FPLA does not confer a private right of action.”
Verzani v. Costco Wholesale Corp., 641 F. Supp. 2d 291 (S.D.N.Y. 2009). “105 (g) (emphasis added)); see 15 U.S.C. § 1453 (a)(2); 21 C.F.R. § 101.”
Nat'l Juice Prods. Ass'n v. United States, 628 F. Supp. 978 (Ct. Intl. Trade 1986). “§ 343 (e), (f) (1982) and the Fair Packaging & Label-ling Act, 15 U.S.C. § 1453 (a) (1982). Other information has important commercial significance, such as brand name and the universal product coding, which enables scanners to “read” the price.”
Norcal/Crosetti Foods, Inc. v. United States Customs Serv., 758 F. Supp. 729 (Ct. Intl. Trade 1991). · cites it 2× “This is the data the manufacturer apparently wants the customer to see— except for the weight, which is required to be displayed according to 15 U.S.C. § 1453 (1988). Other less important data is in fine print on the rear of the package.”
Grocery Mfrs. of Am., Inc. v. Gerace, 581 F. Supp. 658 (S.D.N.Y. 1984). “Compare 15 U.S.C. § 1453 with 21 U.S.C. § 343 . While the FPLA contains an express preemption provision, 15 U.”
Gen. Mills, Inc. v. Jones, 530 F.2d 1317 (9th Cir. 1975). · cites it 4× “Section 4 of the FPLA, 15 U.S.C. § 1453 , contains the FPLA’s labeling standards: (a) No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with…”
Young v. L'oreal USA, Inc. (S.D.N.Y. 2021). · cites it 2× “L’Oréal also relies on the alternative grounds for dismissal articulated by the trial court in Critcher but not addressed by the Circuit; that is, that the claims also are preempted by the Fair Packaging and Labeling Act (“FPLA”), 15 U.S.C. §§ 1453 , 1459, and otherwise failed…”
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