15 U.S.C. § 1454

Rules and regulations

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(a) Promulgating authority

The authority to promulgate regulations under this chapter is vested in (A) the Secretary of Health and Human Services (referred to hereinafter as the “Secretary”) with respect to any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 321 of title 21; and (B) the Federal Trade Commission (referred to hereinafter as the “Commission”) with respect to any other consumer commodity.

(b) Exemption of commodities from regulations

If the promulgating authority specified in this section finds that, because of the nature, form, or quantity of a particular consumer commodity, or for other good and sufficient reasons, full compliance with all the requirements otherwise applicable under section 1453 of this title is impracticable or is not necessary for the adequate protection of consumers, the Secretary or the Commission (whichever the case may be) shall promulgate regulations exempting such commodity from those requirements to the extent and under such conditions as the promulgating authority determines to be consistent with section 1451 of this title.

(c) Scope of additional regulationsWhenever the promulgating authority determines that regulations containing prohibitions or requirements other than those prescribed by section 1453 of this title are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, such authority shall promulgate with respect to that commodity regulations effective to—(1) establish and define standards for characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight or mass, dimensions, or number of packages which may be used to enclose any commodity;(2) regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents;(3) require that the label on each package of a consumer commodity (other than one which is a food within the meaning of section 321(f) of title 21) bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or(4) prevent the nonfunctional-slack-fill of packages containing consumer commodities.For purposes of paragraph (4) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (A) protection of the contents of such package or (B) the requirements of machines used for enclosing the contents in such package.(d) Development by manufacturers, packers, and distributors of voluntary product standards

Whenever the Secretary of Commerce determines that there is undue proliferation of the weights or masses, measures, or quantities in which any consumer commodity or reasonably comparable consumer commodities are being distributed in packages for sale at retail and such undue proliferation impairs the reasonable ability of consumers to make value comparisons with respect to such consumer commodity or commodities, he shall request manufacturers, packers, and distributors of the commodity or commodities to participate in the development of a voluntary product standard for such commodity or commodities under the procedures for the development of voluntary products standards established by the Secretary pursuant to section 272 of this title. Such procedures shall provide adequate manufacturer, packer, distributor, and consumer representation.

(e) Report and recommendations to Congress upon industry failure to develop or abide by voluntary product standards

If (1) after one year after the date on which the Secretary of Commerce first makes the request of manufacturers, packers, and distributors to participate in the development of a voluntary product standard as provided in subsection (d) of this section, he determines that such a standard will not be published pursuant to the provisions of such subsection (d), or (2) if such a standard is published and the Secretary of Commerce determines that it has not been observed, he shall promptly report such determination to the Congress with a statement of the efforts that have been made under the voluntary standards program and his recommendation as to whether Congress should enact legislation providing regulatory authority to deal with the situation in question.

(Pub. L. 89–755, § 5, Nov. 3, 1966, 80 Stat. 1298; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102–245, title I, § 107(a)(1), (2), Feb. 14, 1992, 106 Stat. 13; Pub. L. 102–329, §§ 1(1), (2), 3, Aug. 3, 1992, 106 Stat. 847, 848.)Editorial NotesAmendments

1992—Pub. L. 102–245, § 107(a)(1), (2), (b), which directed amendment of section, effective two years after Feb. 14, 1992, by substituting “weight or mass” for “weight” in subsec. (c)(1) and “weights or masses” for “weights” in subsec. (d), was repealed by Pub. L. 102–329, § 3.

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

Subsec. (d). Pub. L. 102–329, § 1(2), substituted “weights or masses” for “weights”.

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–329 effective Feb. 14, 1994, but with such amendment to have no effect on the sale or distribution of products whose labels have been printed before such date, no application to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information, and no construction requiring changes in package size or affecting in any way the size of packages, see section 2 of Pub. L. 102–329, set out as a note under section 1453 of this title.

Notes of Decisions

Cited in 10 cases, 1974–2016 · 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 2× “8b (q) is authorized by 15 U. S. C. § 1454 (b), nor need we decide whether § 1461 would affect state laws less stringent than or different from regulations authorized by § 1454.”

Zotos Int'l, Inc. v. Kennedy, 460 F. Supp. 268 (D.D.C. 1978). · cites it 6× “Section 5 of the Fair Packaging and Labeling Act, 15 U.S.C. § 1454 , provides that whenever the Secretary of Health, Educa *270 tion and Welfare determines with respect to consumer cosmetics that additional regulations are needed to prevent the deception of consumers or to…”

Carson Prods. Co. v. Califano, 594 F.2d 453 (5th Cir. 1979). · cites it 5× “15 U.S.C. § 1454 . Pursuant to section 5(c)(3)(B) of the Act, 15 U.”

In Re: McCormick & Co., Inc., Pepper Prods. Mktg. & Sales Practices Litig., 215 F. Supp. 3d 51 (D.D.C. 2016). “100 , which was promulgated under the authority of 15 U.S.C. § 1454 (c)(4). It is true that McCormick’s containers state the actual weight of the contents on the front corner, but the slack-fill regulations do not include an exception for containers which accurately state the…”

Hobby Indus. Ass'n of Am., Inc. v. Younger, 101 Cal. App. 3d 358 (Cal. Ct. App. 1980). “) The second sentence of section 12606 (the language specifically prohibiting nonfunctional slack fill) came from the Federal Fair Packaging and Labeling Act ( 15 U.S.C. § 1454 (c)(4)). This dual genesis of the language of section 12606 indicates that there was not necessarily…”

Del Labs., Inc. v. United States, 86 F.R.D. 676 (D.D.C. 1980). · cites it 3× “The statute, 15 U.S.C. § 1454 (c)(3)(B), provides that nothing in the Fair Packaging and Labeling Program “shall be deemed to require that any trade secret be divulged”, and as the court in Zotos pointed out, that trade secret is a property interest.”

Indep. Cosmetic Mfrs. & Distributors, Inc. v. United States Dep't of Health, Educ. & Welfare, 574 F.2d 553 (D.C. Cir. 1978). · cites it 2× “The majority have approved a model which, if followed by other administrators, can be used to insulate their own actions from judicial review. I would, as an alternative to having the district court review this matter initially, allow the petition here as being timely filed.”

Del Real, LLC v. Harris, 966 F. Supp. 2d 1047 (E.D. Cal. 2013). “100 (a); see also 15 U.S.C. § 1454 (c) (FFPLA) (permitting issuance of regulations to “prevent the nonfunctional-slack-fill of packages containing consumer commodities” and defining a package as “nonfunctionally slack-filled if it is filled to substantially less than its…”

Zotos Int'l, Inc. v. Frank E. Young, 830 F.2d 350 (D.C. Cir. 1987). “” Regulations promulgated by the Food and Drug Administration under § 5(c)(3)(B) of the Fair Packaging and Labeling Act (the “Act”), 15 U.S.C. § 1454 (c)(3)(B) (1982), require that cosmetics bear labels listing their ingredients in descending order of predominance, but permit a…”

Nat'l Nutritional Foods Ass'n v. Weinberger, 376 F. Supp. 142 (S.D.N.Y. 1974). “15 U.S.C. §§ 1454 , 1455; Federal Hazardous Substances Act of 1960; id.”

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