US (United States) Code. Title 15. Chapter 2: Federal Trade Commission, Promotion of export trade

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade. Prevention of unfair methods of competition

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-CITE-

15 USC CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF

EXPORT TRADE AND PREVENTION OF UNFAIR

METHODS OF COMPETITION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

.

-HEAD-

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

-MISC1-

SUBCHAPTER I - FEDERAL TRADE COMMISSION

Sec.

41. Federal Trade Commission established; membership; vacancies;

seal.

42. Employees; expenses.

43. Office and place of meeting.

44. Definitions.

45. Unfair methods of competition unlawful; prevention by

Commission.

(a) Declaration of unlawfulness; power to prohibit

unfair practices; inapplicability to foreign

trade.

(b) Proceeding by Commission; modifying and setting

aside orders.

(c) Review of order; rehearing.

(d) Jurisdiction of court.

(e) Exemption from liability.

(f) Service of complaints, orders and other

processes; return.

(g) Finality of order.

(h) Modification or setting aside of order by Supreme

Court.

(i) Modification or setting aside of order by Court

of Appeals.

(j) Rehearing upon order or remand.

(k) ''Mandate'' defined.

(l) Penalty for violation of order; injunctions and

other appropriate equitable relief.

(m) Civil actions for recovery of penalties for

knowing violations of rules and cease and

desist orders respecting unfair or deceptive

acts or practices; jurisdiction; maximum amount

of penalties; continuing violations; de novo

determinations; compromise or settlement

procedure.

(n) Standard of proof; public policy considerations.

45a. Labels on products.

46. Additional powers of Commission.

(a) Investigation of persons, partnerships, or

corporations.

(b) Reports of persons, partnerships, and

corporations.

(c) Investigation of compliance with antitrust

decrees.

(d) Investigations of violations of antitrust

statutes.

(e) Readjustment of business of corporations

violating antitrust statutes.

(f) Publication of information; reports.

(g) Classification of corporations; regulations.

(h) Investigations of foreign trade conditions;

reports.

(i) Investigations of foreign antitrust law

violations.

46a. Concurrent resolution essential to authorize investigations

47. Reference of suits under antitrust statutes to Commission.

48. Information and assistance from departments.

49. Documentary evidence; depositions; witnesses.

50. Offenses and penalties.

51. Effect on other statutory provisions.

52. Dissemination of false advertisements.

(a) Unlawfulness.

(b) Unfair or deceptive act or practice.

53. False advertisements; injunctions and restraining orders.

(a) Power of Commission; jurisdiction of courts.

(b) Temporary restraining orders; preliminary

injunctions.

(c) Service of process; proof of service.

(d) Exception of periodical publications.

54. False advertisements; penalties.

(a) Imposition of penalties.

(b) Exception of advertising medium or agency.

55. Additional definitions.

(a) False advertisement.

(b) Food.

(c) Drug.

(d) Device.

(e) Cosmetic.

(f) Oleomargarine or margarine.

56. Commencement, defense, intervention and supervision of

litigation and appeal by Commission or Attorney General.

(a) Procedure for exercise of authority to litigate

or appeal.

(b) Certification by Commission to Attorney General

for criminal proceedings.

57. Separability clause.

57a. Unfair or deceptive acts or practices rulemaking proceedings.

(a) Authority of Commission to prescribe rules and

general statements of policy.

(b) Procedures applicable.

(c) Informal hearing procedure.

(d) Statement of basis and purpose accompanying rule;

''Commission'' defined; judicial review of

amendment or repeal of rule; violation of rule.

(e) Judicial review; petition; jurisdiction and

venue; rulemaking record; additional

submissions and presentations; scope of review

and relief; review by Supreme Court; additional

remedies.

(f) Unfair or deceptive acts or practices by banks,

savings and loan institutions, or Federal

credit unions; promulgation of regulations by

Board of Governors of Federal Reserve System,

Federal Home Loan Bank Board, and National

Credit Union Administration Board; agency

enforcement and compliance proceedings;

violations; power of other Federal agencies

unaffected; reporting requirements.

(g) Exemptions and stays from application of rules;

procedures.

(h) Restriction on rulemaking authority of Commission

respecting children's advertising proceedings

pending on May 28, 1980.

(i) Meetings with outside parties.

(j) Communications by investigative personnel with

staff of Commission concerning matters outside

rulemaking record prohibited.

57a-1. Omitted.

57b. Civil actions for violations of rules and cease and desist

orders respecting unfair or deceptive acts or practices.

(a) Suits by Commission against persons,

partnerships, or corporations; jurisdiction;

relief for dishonest or fraudulent acts.

(b) Nature of relief available.

(c) Conclusiveness of findings of Commission in cease

and desist proceedings; notice of judicial

proceedings to injured persons, etc.

(d) Time for bringing of actions.

(e) Availability of additional Federal or State

remedies; other authority of Commission

unaffected.

57b-1. Civil investigative demands.

(a) Definitions.

(b) Actions conducted by Commission respecting unfair

or deceptive acts or practices in or affecting

commerce.

(c) Issuance of demand; contents; service; verified

return; sworn certificate; answers; taking of

oral testimony.

(d) Procedures for demand material.

(e) Petition for enforcement.

(f) Petition for order modifying or setting aside

demand.

(g) Custodial control of documentary material,

tangible things, reports, etc.

(h) Jurisdiction of court.

(i) Commission authority to issue subpoenas or make

demand for information.

(j) Applicability of this section.

57b-2. Confidentiality.

(a) Definitions.

(b) Procedures respecting documents, tangible things,

or transcripts of oral testimony received

pursuant to compulsory process or

investigation.

(c) Information considered confidential.

(d) Particular disclosures allowed.

(e) Effect on other statutory provisions limiting

disclosure.

(f) Exemption from disclosure.

57b-3. Rulemaking process.

(a) Definitions.

(b) Notice of proposed rulemaking; regulatory

analysis; contents; issuance.

(c) Judicial review.

(d) Regulatory agenda; contents; publication dates in

Federal Register.

57b-4. Good faith reliance on actions of Board of Governors.

(a) ''Board of Governors'' defined.

(b) Use as defense.

(c) Applicability of subsection (b).

(d) Request for issuance of statement or

interpretation concerning conduct or practice.

57b-5. Agricultural cooperatives.

57c. Authorization of appropriations.

58. Short title.

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

61. Export trade; definitions.

62. Export trade and antitrust legislation.

63. Acquisition of stock of export trade corporation.

64. Unfair methods of competition in export trade.

65. Information required from export trade corporation; powers of

Federal Trade Commission.

66. Short title.

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

68. Definitions.

68a. Misbranding declared unlawful.

68b. Misbranded wool products.

(a) False identification; affixation of label, etc.,

contents.

(b) Additional information.

(c) Substitute identification.

(d) Designations on linings, paddings, etc.

(e) False or deceptive advertising in mail order

promotions.

(f) Location of label, etc.

68c. Stamp, tag, label, or other identification.

(a) Affixing; retention until sale.

(b) Removal or mutilation.

(c) Packages of wool products.

68d. Enforcement of subchapter.

(a) Authority of Commission.

(b) Maintenance of records by wool manufacturers.

68e. Condemnation and injunction proceedings.

(a) Grounds for condemnation; disposition of

merchandise.

(b) Grounds for temporary injunction or restraining

order; issuance without bond.

68f. Exclusion of misbranded wool products.

68g. Guaranty.

(a) Avoidance of liability; requirements.

(b) Furnishing false guaranty.

68h. Criminal penalty.

68i. Application of other laws.

68j. Exceptions from subchapter.

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

69. Definitions.

69a. Violations of Federal Trade Commission Act.

(a) Introduction or manufacture for introduction into

commerce, sale, advertising or offering for

sale in commerce.

(b) Manufacture for sale, sale, advertising, offering

for sale, transportation or distribution.

(c) Introduction into commerce, sale, advertising or

offering for sale in commerce or transportation

or distribution.

(d) Removal or mutilation of label.

(e) Substitution of labels; records.

(f) Application of section to common carrier or

freight forwarder.

69b. Misbranded fur products.

69c. False advertising and invoicing.

69d. Fur products imported into United States.

(a) Necessity of proper labelling; additional

information.

(b) Violations of Federal Trade Commission Act.

(c) Verified statement of compliance.

69e. Name guide for fur products.

(a) Fur products Name Guide.

(b) Additions and deletions; public hearing.

(c) Prevention of confusion or deception.

69f. Enforcement of subchapter.

(a) Enforcement by Federal Trade Commission.

(b) Rules and regulations for disclosure of

information.

(c) Inspection, analysis, tests for fur products;

cooperation with other governmental agencies.

(d) Maintenance of records by manufacturer or dealer.

69g. Condemnation and injunction proceedings.

(a) Grounds for condemnation; disposition of

merchandise.

(b) Grounds for temporary injunction or restraining

order; issuance without bond.

69h. Guaranty.

(a) Avoidance of liability; requirements.

(b) Furnishing false guaranty.

69i. Criminal penalty.

69j. Application of other laws.

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

70. Definitions.

70a. Violations of Federal Trade Commission Act.

(a) Introduction or manufacture for introduction into

commerce, sale, advertising or offering for

sale in commerce.

(b) Sale, offering for sale, advertising, delivery,

transportation of products advertised for sale

in commerce.

(c) Sale, offering for sale, advertising, delivery,

transportation of products after shipment in

commerce.

(d) Application of section to common carrier, freight

forwarder, etc.

70b. Misbranded and falsely advertised textile fiber products.

(a) False or deceptive identification.

(b) Stamp, tag, label or other means of

identification; contents.

(c) False or deceptive advertisement.

(d) Additional information allowed.

(e) Labelling of packages.

(f) Fabric severed from bolts, pieces or rolls of

fabric.

(g) Advertisement of textile product by use of name

or symbol of fur-bearing animal.

(h) Reused stuffing.

(i) Mail order catalog or promotional material.

(j) Location of stamp, tag, label, or other

identification.

70c. Removal of stamp, tag, label, or other identification.

(a) Removal or mutilation after shipment in commerce.

(b) Substitution of stamp, tag, etc.

(c) Affixing of stamp, tag, etc. to individual unit

of broken package.

70d. Records.

(a) Maintenance and preservation by manufacturer.

(b) Maintenance and preservation by person

substituting stamp, tag, etc.

(c) Neglect or refusal to maintain or preserve

records.

70e. Enforcement.

(a) Enforcement by Federal Trade Commission.

(b) Terms of Federal Trade Commission Act

incorporated into this subchapter.

(c) Rules and regulations by Federal Trade

Commission.

(d) Inspection, analyses, tests, etc.

70f. Injunction proceedings.

70g. Exclusion of misbranded textile fiber products.

70h. Guaranty.

(a) Avoidance of liability; requirements.

(b) Furnishing false guaranty.

70i. Criminal penalty.

70j. Exemptions.

70k. Application of other laws.

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

71. ''Person'' defined.

72. Importation or sale of articles at less than market value or

wholesale price.

73. Agreements involving restrictions in favor of imported goods.

74. Rules and regulations.

75. Retaliation against country prohibiting importations.

76. Retaliation against restriction of importations in time of war.

77. Discrimination against neutral Americans in time of war.

-CITE-

15 USC SUBCHAPTER I - FEDERAL TRADE COMMISSION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

.

-HEAD-

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 18a, 64, 65, 68, 68a,

68c, 68d, 68e, 68f, 68g, 69, 69a, 69d, 69f, 69g, 69h, 70a, 70c,

70d, 70e, 70f, 70g, 70h, 638, 640, 1012, 1013, 1172, 1191, 1192,

1194, 1195, 1197, 1291, 1460, 1607, 1679h, 1681s, 1691c, 1692l,

1693o, 1802, 2079, 2101, 2103, 2106, 2311, 2821, 2823, 3301, 3503,

5713, 5723, 6105, 6505, 6805 of this title; title 7 section 198b;

title 10 section 7430; title 12 section 1831t; title 16 section

2602; title 19 section 2485; title 21 section 378; title 30

sections 184, 1413; title 40 section 559; title 42 sections 2135,

5417, 5909, 6202, 6294, 6315, 6325, 8235f; title 43 sections 1331,

1770; title 45 section 791; title 46 App. sections 1702, 1707;

title 49 sections 10706, 32908; title 50 App. sections 1941a, 2158.

-CITE-

15 USC Sec. 41 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 41. Federal Trade Commission established; membership;

vacancies; seal

-STATUTE-

A commission is created and established, to be known as the

Federal Trade Commission (hereinafter referred to as the

Commission), which shall be composed of five Commissioners, who

shall be appointed by the President, by and with the advice and

consent of the Senate. Not more than three of the Commissioners

shall be members of the same political party. The first

Commissioners appointed shall continue in office for terms of

three, four, five, six, and seven years, respectively, from

September 26, 1914, the term of each to be designated by the

President, but their successors shall be appointed for terms of

seven years, except that any person chosen to fill a vacancy shall

be appointed only for the unexpired term of the Commissioner whom

he shall succeed: Provided, however, That upon the expiration of

his term of office a Commissioner shall continue to serve until his

successor shall have been appointed and shall have qualified. The

President shall choose a chairman from the Commission's

membership. No Commissioner shall engage in any other business,

vocation, or employment. Any Commissioner may be removed by the

President for inefficiency, neglect of duty, or malfeasance in

office. A vacancy in the Commission shall not impair the right of

the remaining Commissioners to exercise all the powers of the

Commission.

The Commission shall have an official seal, which shall be

judicially noticed.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 1, 38 Stat. 717; Mar. 21, 1938, ch.

49, Sec. 1, 52 Stat. 111; 1950 Reorg. Plan No. 8, Sec. 3, eff. May

24, 1950, 15 F.R. 3175, 64 Stat. 1265.)

-MISC1-

AMENDMENTS

1938 - Act Mar. 21, 1938, inserted proviso clause to third

sentence.

-TRANS-

TRANSFER OF FUNCTIONS

Executive and administrative functions of Federal Trade

Commission, with certain reservations, transferred to Chairman of

such Commission by Reorg. Plan No. 8 of 1950, set out below.

Functions of Federal Trade Commission (1) under Flammable Fabrics

Act (section 1191 et seq. of this title) and under this subchapter

to extent that such functions relate to administration of Flammable

Fabrics Act, and (2) under Act of August 2, 1956, (section 1211 et

seq. of this title), transferred to Consumer Product Safety

Commission by section 30 of Act Oct. 27, 1972, Pub. L. 92-573

(section 2079 of this title).

By section 3 of act Sept. 26, 1914, Bureau of Corporations

abolished and all employees and functions of said Bureau

transferred to Federal Trade Commission.

-MISC5-

CLARIFICATION OF STATUS OF SUBSIDIARIES AND AFFILIATES

Pub. L. 106-102, title I, Sec. 133(a), (b), Nov. 12, 1999, 113

Stat. 1383, provided that:

''(a) Clarification of Federal Trade Commission Jurisdiction. -

Any person that directly or indirectly controls, is controlled

directly or indirectly by, or is directly or indirectly under

common control with, any bank or savings association (as such terms

are defined in section 3 of the Federal Deposit Insurance Act (12

U.S.C. 1813)) and is not itself a bank or savings association shall

not be deemed to be a bank or savings association for purposes of

any provisions applied by the Federal Trade Commission under the

Federal Trade Commission Act (15 U.S.C. 41 et seq.).

''(b) Savings Provision. - No provision of this section (amending

section 18a of this title) shall be construed as restricting the

authority of any Federal banking agency (as defined in section 3 of

the Federal Deposit Insurance Act (12 U.S.C. 1813)) under any

Federal banking law, including section 8 of the Federal Deposit

Insurance Act (12 U.S.C. 1818).''

REORGANIZATION PLAN NO. 8 OF 1950

EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1264

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

FEDERAL TRADE COMMISSION

SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN

(a) Subject to the provisions of subsection (b) of this section,

there are hereby transferred from the Federal Trade Commission,

hereinafter referred to as the Commission, to the Chairman of the

Commission, hereinafter referred to as the Chairman, the executive

and administrative functions of the Commission, including functions

of the Commission with respect to (1) the appointment and

supervision of personnel employed under the Commission, (2) the

distribution of business among such personnel and among

administrative units of the Commission, and (3) the use and

expenditure of funds.

(b)(1) In carrying out any of his functions under the provisions

of this section the Chairman shall be governed by general policies

of the Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(2) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(3) Personnel employed regularly and full time in the immediate

offices of members of the Commission other than the Chairman shall

not be affected by the provisions of this reorganization plan.

(4) There are hereby reserved to the Commission its functions

with respect to revising budget estimates and with respect to

determining upon the distribution of appropriated funds according

to major programs and purposes.

SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS

The Chairman may from time to time make such provisions as he

shall deem appropriate authorizing the performance by any officer,

employee, or administrative unit under his jurisdiction of any

function transferred to the Chairman by the provisions of this

reorganization plan.

SEC. 3. DESIGNATION OF CHAIRMAN

The functions of the Commission with respect to choosing a

Chairman from among the membership of the Commission are hereby

transferred to the President.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 8 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Federal Trade Commission. My reasons for

transmitting this plan are stated in any accompanying general

message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 8 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

REORGANIZATION PLAN NO. 4 OF 1961

EFF. JULY 9, 1961, 26 F.R. 6191, 75 STAT. 837

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 9, 1961,

pursuant to the provisions of the Reorganization Act of 1949, 63

Stat. 203, as amended (see 5 U.S.C. 901 et seq.).

FEDERAL TRADE COMMISSION

SECTION 1. AUTHORITY TO DELEGATE

(a) In addition to its existing authority, the Federal Trade

Commission, hereinafter referred to as the ''Commission'', shall

have the authority to delegate, by published order or rule, any of

its functions to a division of the Commission, an individual

Commissioner, a hearing examiner, or an employee or employee board,

including functions with respect to hearing, determining, ordering,

certifying, reporting or otherwise acting as to any work, business,

or matter; Provided, however, That nothing herein contained shall

be deemed to supersede the provisions of section 7(a) of the

Administrative Procedure Act (60 Stat. 241), as amended (see 5

U.S.C. 556).

(b) With respect to the delegation of any of its functions, as

provided in subsection (a) of this section, the Commission shall

retain a discretionary right to review the action of any such

division of the Commission, individual Commissioner, hearing

examiner, employee or employee board, upon its own initiative or

upon petition of a party to or an intervenor in such action, within

such time and in such manner as the Commission shall by rule

prescribe: Provided, however, That the vote of a majority of the

Commission less one member thereof shall be sufficient to bring any

such action before the Commission for review.

(c) Should the right to exercise such discretionary review be

declined, or should no such review be sought within the time stated

in the rules promulgated by the Commission, then the action of any

such division of the Commission, individual Commissioner, hearing

examiner, employee or employee board, shall, for all purposes,

including appeal or review thereof, be deemed to be the action of

the Commission.

SEC. 2. TRANSFER OF FUNCTIONS TO THE CHAIRMAN

In addition to the functions transferred by the provisions of

Reorganization Plan No. 8 of 1950 (64 Stat. 1264) (set out as a

note under this section), there are hereby transferred from the

Commission to the Chairman of the Commission the functions of the

Commission with respect to the assignment of Commission personnel,

including Commissioners, to perform such functions as may have been

delegated by the Commission to Commission personnel, including

Commissioners, pursuant to section 1 of this reorganization plan.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 4 of 1961, prepared

in accordance with the Reorganization Act of 1949, as amended, and

providing for reorganization in the Federal Trade Commission.

This Reorganization Plan No. 4 of 1961 follows upon my message of

April 13, 1961, to the Congress of the United States. It is

believed that the taking effect of the reorganizations included in

this plan will provide for greater efficiency in the dispatch of

the business of the Federal Trade Commission.

The plan provides for greater flexibility in the handling of the

business before the Commission, permitting its disposition at

different levels so as better to promote its efficient dispatch.

Thus matters both of an adjudicatory and regulatory nature may,

depending upon their importance and their complexity, be finally

consummated by divisions of the Commission, individual

Commissioners, hearing examiners, and, subject to the provisions of

section 7(a) of the Administrative Procedure Act (60 Stat. 241), by

other employees. This will relieve the Commissioners from the

necessity of dealing with many matters of lesser importance and

thus conserve their time for the consideration of major matters of

policy and planning. There is, however, reserved to the Commission

as a whole the right to review any such decision, report or

certification either upon its own initiative or upon the petition

of a party or intervenor demonstrating to the satisfaction of the

Commission the desirability of having the matter reviewed at the

top level.

Provision is also made, in order to maintain the fundamental

bipartisan concept explicit in the basic statute creating the

Commission, for mandatory review of any such decision, report or

certification upon the vote of a majority of the Commission less

one member.

Inasmuch as the assignment of delegated functions in particular

cases and with reference to particular problems to divisions of the

Commission, to Commissioners, to hearing examiners, to employees

and boards of employees must require continuous and flexible

handling, depending both upon the amount and nature of the

business, that function is placed in the Chairman by section 2 of

the plan.

By providing sound organizational arrangements, the taking effect

of the reorganizations included in the accompanying reorganization

plan will make possible more economical and expeditious

administration of the affected functions. It is, however,

impracticable to itemize at this time the reductions of

expenditures which it is probable will be brought about by such

taking effect.

After investigation, I have found and hereby declare that each

reorganization included in the reorganization plan transmitted

herewith is necessary to accomplish one or more of the purposes set

forth in section 2(a) of the Reorganization Act of 1949, as

amended.

I recommend that the Congress allow the reorganization plan to

become effective. John F. Kennedy.

-CITE-

15 USC Sec. 42 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 42. Employees; expenses

-STATUTE-

Each commissioner shall receive a salary, payable in the same

manner as the salaries of the judges of the courts of the United

States. The commission shall appoint a secretary, who shall receive

a salary, and it shall have authority to employ and fix the

compensation of such attorneys, special experts, examiners, clerks,

and other employees as it may from time to time find necessary for

the proper performance of its duties and as may be from time to

time appropriated for by Congress.

With the exception of the secretary, a clerk to each

Commissioner, the attorneys, and such special experts and examiners

as the Commission may from time to time find necessary for the

conduct of its work, all employees of the Commission shall be a

part of the classified civil service, and shall enter the service

under such rules and regulations as may be prescribed by the

Commission and by the Director of the Office of Personnel

Management.

All of the expenses of the Commission, including all necessary

expenses for transportation incurred by the Commissioners or by

their employees under their orders, in making any investigation, or

upon official business in any other places than in the city of

Washington, shall be allowed and paid on the presentation of

itemized vouchers therefor approved by the Commission.

Until otherwise provided by law, the Commission may rent suitable

offices for its use.

The General Accounting Office shall receive and examine all

accounts of expenditures of the Commission.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 2, 38 Stat. 718; June 10, 1921, ch.

18, title III, Sec. 304, 42 Stat. 24; 1978 Reorg. Plan No. 2, Sec.

102, 43 F.R. 36037, 92 Stat. 3783.)

-REFTEXT-

REFERENCES IN TEXT

The classified civil service, referred to in second par., means

the ''competitive service'', see section 2102 of Title 5,

Government Organization and Employees. Rules and regulations of the

Civil Service Commission for entry into the service are prescribed

generally under authority of section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In the first par., provisions that fixed the salary of the

commissioners have been omitted as obsolete. The positions of

chairman and members of the commission are now under the Executive

Schedule, see sections 5414 and 5315 of Title 5, Government

Organization and Employees.

Provisions that fixed the salary of the secretary of the

commission, payable in like manner, have been omitted as obsolete.

The position is now subject to chapter 51 and subchapter III of

chapter 53 (relating to classification and General Schedule pay

rates) and section 5504 (relating to biweekly pay periods) of Title

5.

-TRANS-

TRANSFER OF FUNCTIONS

''Director of the Office of Personnel Management'' substituted in

text for ''Civil Service Commission'' pursuant to Reorg. Plan No. 2

of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under

section 1101 of Title 5, Government Organization and Employees,

which transferred all functions vested by statute in the United

States Civil Service Commission to the Director of the Office of

Personnel Management (except as otherwise specified), effective

Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

''General Accounting Office'' substituted in text for ''Auditor

for the State and Other Departments'' pursuant to act June 10,

1921, which transferred all powers and duties of the Comptroller,

six auditors, and certain other employees of the Treasury to the

General Accounting Office. See section 701 et seq. of Title 31,

Money and Finance.

-CITE-

15 USC Sec. 43 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 43. Office and place of meeting

-STATUTE-

The principal office of the Commission shall be in the city of

Washington, but it may meet and exercise all its powers at any

other place. The Commission may, by one or more of its members, or

by such examiners as it may designate, prosecute any inquiry

necessary to its duties in any part of the United States.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 3, 38 Stat. 719.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 44 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 44. Definitions

-STATUTE-

The words defined in this section shall have the following

meaning when found in this subchapter, to wit:

''Commerce'' means commerce among the several States or with

foreign nations, or in any Territory of the United States or in the

District of Columbia, or between any such Territory and another, or

between any such Territory and any State or foreign nation, or

between the District of Columbia and any State or Territory or

foreign nation.

''Corporation'' shall be deemed to include any company, trust,

so-called Massachusetts trust, or association, incorporated or

unincorporated, which is organized to carry on business for its own

profit or that of its members, and has shares of capital or capital

stock or certificates of interest, and any company, trust,

so-called Massachusetts trust, or association, incorporated or

unincorporated, without shares of capital or capital stock or

certificates of interest, except partnerships, which is organized

to carry on business for its own profit or that of its members.

''Documentary evidence'' includes all documents, papers,

correspondence, books of account, and financial and corporate

records.

''Acts to regulate commerce'' means subtitle IV of title 49 and

the Communications Act of 1934 (47 U.S.C. 151 et seq.) and all Acts

amendatory thereof and supplementary thereto.

''Antitrust Acts'' means the Act entitled ''An Act to protect

trade and commerce against unlawful restraints and monopolies'',

approved July 2, 1890; also sections 73 to 76, inclusive, of an Act

entitled ''An Act to reduce taxation, to provide revenue for the

Government, and for other purposes'', approved August 27, 1894;

also the Act entitled ''An Act to amend sections 73 and 76 of the

Act of August 27, 1894, entitled 'An Act to reduce taxation, to

provide revenue for the Government, and for other purposes' '',

approved February 12, 1913; and also the Act entitled ''An Act to

supplement existing laws against unlawful restraints and

monopolies, and for other purposes'', approved October 15, 1914.

''Banks'' means the types of banks and other financial

institutions referred to in section 57a(f)(2) of this title.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 4, 38 Stat. 719; Mar. 21, 1938, ch.

49, Sec. 2, 52 Stat. 111; Pub. L. 102-242, title II, Sec.

212(g)(1), Dec. 19, 1991, 105 Stat. 2302; Pub. L. 107-273, div. C,

title IV, Sec. 14102(c)(2)(B), Nov. 2, 2002, 116 Stat. 1921.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in text, is act June

19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified

principally to chapter 5 (Sec. 151 et seq.) of Title 47,

Telegraphs, Telephones, and Radiotelegraphs. For complete

classification of this Act to the Code, see section 609 of Title 47

and Tables.

The Act entitled ''An Act to protect trade and commerce against

unlawful restraints and monopolies,'' approved July 2, 1890,

referred to in the text, is known as the Sherman Act, and is

classified to sections 1 to 7 of this title.

Sections 73 to 76, inclusive, of an Act entitled ''An Act to

reduce taxation, to provide revenue for the Government, and for

other purposes'', approved August 27, 1894, referred to in text,

are known as the Wilson Tariff Act. Sections 73 to 76 are

classified to sections 8 to 11 of this title.

Act February 12, 1913, is set out as amendments to sections 8 and

11 of this title.

The Act entitled ''An Act to supplement existing laws against

unlawful restraints and monopolies, and for other purposes'',

approved October 15, 1914, referred to in text, is the Clayton Act.

For classification of the Act to the Code, see References in Text

note set out under section 12 of this title.

-COD-

CODIFICATION

''Subtitle IV of title 49'' substituted in text for ''the Act

entitled 'An Act to regulate commerce', approved February 14, 1887,

and all Acts amendatory thereof and supplementary thereto'' on

authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.

1466, the first section of which enacted subtitle IV of Title 49,

Transportation.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-273 substituted ''73 to 76'' for ''73 to 77''

in par. defining ''Antitrust Acts''.

1991 - Pub. L. 102-242 added par. defining ''Banks''.

1938 - Act Mar. 21, 1938, amended section generally.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to cases commenced on or after Nov. 2,

2002, see section 14103 of Pub. L. 107-273, set out as a note under

section 3 of this title.

-CITE-

15 USC Sec. 45 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 45. Unfair methods of competition unlawful; prevention by

Commission

-STATUTE-

(a) Declaration of unlawfulness; power to prohibit unfair

practices; inapplicability to foreign trade

(1) Unfair methods of competition in or affecting commerce, and

unfair or deceptive acts or practices in or affecting commerce, are

hereby declared unlawful.

(2) The Commission is hereby empowered and directed to prevent

persons, partnerships, or corporations, except banks, savings and

loan institutions described in section 57a(f)(3) of this title,

Federal credit unions described in section 57a(f)(4) of this title,

common carriers subject to the Acts to regulate commerce, air

carriers and foreign air carriers subject to part A of subtitle VII

of title 49, and persons, partnerships, or corporations insofar as

they are subject to the Packers and Stockyards Act, 1921, as

amended (7 U.S.C. 181 et seq.), except as provided in section

406(b) of said Act (7 U.S.C. 227(b)), from using unfair methods of

competition in or affecting commerce and unfair or deceptive acts

or practices in or affecting commerce.

(3) This subsection shall not apply to unfair methods of

competition involving commerce with foreign nations (other than

import commerce) unless -

(A) such methods of competition have a direct, substantial, and

reasonably foreseeable effect -

(i) on commerce which is not commerce with foreign nations,

or on import commerce with foreign nations; or

(ii) on export commerce with foreign nations, of a person

engaged in such commerce in the United States; and

(B) such effect gives rise to a claim under the provisions of

this subsection, other than this paragraph.

If this subsection applies to such methods of competition only

because of the operation of subparagraph (A)(ii), this subsection

shall apply to such conduct only for injury to export business in

the United States.

(b) Proceeding by Commission; modifying and setting aside orders

Whenever the Commission shall have reason to believe that any

such person, partnership, or corporation has been or is using any

unfair method of competition or unfair or deceptive act or practice

in or affecting commerce, and if it shall appear to the Commission

that a proceeding by it in respect thereof would be to the interest

of the public, it shall issue and serve upon such person,

partnership, or corporation a complaint stating its charges in that

respect and containing a notice of a hearing upon a day and at a

place therein fixed at least thirty days after the service of said

complaint. The person, partnership, or corporation so complained

of shall have the right to appear at the place and time so fixed

and show cause why an order should not be entered by the Commission

requiring such person, partnership, or corporation to cease and

desist from the violation of the law so charged in said complaint.

Any person, partnership, or corporation may make application, and

upon good cause shown may be allowed by the Commission to intervene

and appear in said proceeding by counsel or in person. The

testimony in any such proceeding shall be reduced to writing and

filed in the office of the Commission. If upon such hearing the

Commission shall be of the opinion that the method of competition

or the act or practice in question is prohibited by this

subchapter, it shall make a report in writing in which it shall

state its findings as to the facts and shall issue and cause to be

served on such person, partnership, or corporation an order

requiring such person, partnership, or corporation to cease and

desist from using such method of competition or such act or

practice. Until the expiration of the time allowed for filing a

petition for review, if no such petition has been duly filed within

such time, or, if a petition for review has been filed within such

time then until the record in the proceeding has been filed in a

court of appeals of the United States, as hereinafter provided, the

Commission may at any time, upon such notice and in such manner as

it shall deem proper, modify or set aside, in whole or in part, any

report or any order made or issued by it under this section. After

the expiration of the time allowed for filing a petition for

review, if no such petition has been duly filed within such time,

the Commission may at any time, after notice and opportunity for

hearing, reopen and alter, modify, or set aside, in whole or in

part any report or order made or issued by it under this section,

whenever in the opinion of the Commission conditions of fact or of

law have so changed as to require such action or if the public

interest shall so require, except that (1) the said person,

partnership, or corporation may, within sixty days after service

upon him or it of said report or order entered after such a

reopening, obtain a review thereof in the appropriate court of

appeals of the United States, in the manner provided in subsection

(c) of this section; and (2) in the case of an order, the

Commission shall reopen any such order to consider whether such

order (including any affirmative relief provision contained in such

order) should be altered, modified, or set aside, in whole or in

part, if the person, partnership, or corporation involved files a

request with the Commission which makes a satisfactory showing that

changed conditions of law or fact require such order to be altered,

modified, or set aside, in whole or in part. The Commission shall

determine whether to alter, modify, or set aside any order of the

Commission in response to a request made by a person, partnership,

or corporation under paragraph (FOOTNOTE 1) (2) not later than 120

days after the date of the filing of such request.

(FOOTNOTE 1) So in original. Probably should be ''clause''.

(c) Review of order; rehearing

Any person, partnership, or corporation required by an order of

the Commission to cease and desist from using any method of

competition or act or practice may obtain a review of such order in

the court of appeals of the United States, within any circuit where

the method of competition or the act or practice in question was

used or where such person, partnership, or corporation resides or

carries on business, by filing in the court, within sixty days from

the date of the service of such order, a written petition praying

that the order of the Commission be set aside. A copy of such

petition shall be forthwith transmitted by the clerk of the court

to the Commission, and thereupon the Commission shall file in the

court the record in the proceeding, as provided in section 2112 of

title 28. Upon such filing of the petition the court shall have

jurisdiction of the proceeding and of the question determined

therein concurrently with the Commission until the filing of the

record and shall have power to make and enter a decree affirming,

modifying, or setting aside the order of the Commission, and

enforcing the same to the extent that such order is affirmed and to

issue such writs as are ancillary to its jurisdiction or are

necessary in its judgement to prevent injury to the public or to

competitors pendente lite. The findings of the Commission as to

the facts, if supported by evidence, shall be conclusive. To the

extent that the order of the Commission is affirmed, the court

shall thereupon issue its own order commanding obedience to the

terms of such order of the Commission. If either party shall apply

to the court for leave to adduce additional evidence, and shall

show to the satisfaction of the court that such additional evidence

is material and that there were reasonable grounds for the failure

to adduce such evidence in the proceeding before the Commission,

the court may order such additional evidence to be taken before the

Commission and to be adduced upon the hearing in such manner and

upon such terms and conditions as to the court may seem proper.

The Commission may modify its findings as to the facts, or make new

findings, by reason of the additional evidence so taken, and it

shall file such modified or new findings, which, if supported by

evidence, shall be conclusive, and its recommendation, if any, for

the modification or setting aside of its original order, with the

return of such additional evidence. The judgment and decree of the

court shall be final, except that the same shall be subject to

review by the Supreme Court upon certiorari, as provided in section

1254 of title 28.

(d) Jurisdiction of court

Upon the filing of the record with it the jurisdiction of the

court of appeals of the United States to affirm, enforce, modify,

or set aside orders of the Commission shall be exclusive.

(e) Exemption from liability

No order of the Commission or judgement of court to enforce the

same shall in anywise relieve or absolve any person, partnership,

or corporation from any liability under the Antitrust Acts.

(f) Service of complaints, orders and other processes; return

Complaints, orders, and other processes of the Commission under

this section may be served by anyone duly authorized by the

Commission, either (a) by delivering a copy thereof to the person

to be served, or to a member of the partnership to be served, or

the president, secretary, or other executive officer or a director

of the corporation to be served; or (b) by leaving a copy thereof

at the residence or the principal office or place of business of

such person, partnership, or corporation; or (c) by mailing a copy

thereof by registered mail or by certified mail addressed to such

person, partnership, or corporation at his or its residence or

principal office or place of business. The verified return by the

person so serving said complaint, order, or other process setting

forth the manner of said service shall be proof of the same, and

the return post office receipt for said complaint, order, or other

process mailed by registered mail or by certified mail as aforesaid

shall be proof of the service of the same.

(g) Finality of order

An order of the Commission to cease and desist shall become final

-

(1) Upon the expiration of the time allowed for filing a

petition for review, if no such petition has been duly filed

within such time; but the Commission may thereafter modify or set

aside its order to the extent provided in the last sentence of

subsection (b).

(2) Except as to any order provision subject to paragraph (4),

upon the sixtieth day after such order is served, if a petition

for review has been duly filed; except that any such order may be

stayed, in whole or in part and subject to such conditions as may

be appropriate, by -

(A) the Commission;

(B) an appropriate court of appeals of the United States, if

(i) a petition for review of such order is pending in such

court, and (ii) an application for such a stay was previously

submitted to the Commission and the Commission, within the

30-day period beginning on the date the application was

received by the Commission, either denied the application or

did not grant or deny the application; or

(C) the Supreme Court, if an applicable petition for

certiorari is pending.

(3) For purposes of subsection (m)(1)(B) of this section and of

section 57b(a)(2) of this title, if a petition for review of the

order of the Commission has been filed -

(A) upon the expiration of the time allowed for filing a

petition for certiorari, if the order of the Commission has

been affirmed or the petition for review has been dismissed by

the court of appeals and no petition for certiorari has been

duly filed;

(B) upon the denial of a petition for certiorari, if the

order of the Commission has been affirmed or the petition for

review has been dismissed by the court of appeals; or

(C) upon the expiration of 30 days from the date of issuance

of a mandate of the Supreme Court directing that the order of

the Commission be affirmed or the petition for review be

dismissed.

(4) In the case of an order provision requiring a person,

partnership, or corporation to divest itself of stock, other

share capital, or assets, if a petition for review of such order

of the Commission has been filed -

(A) upon the expiration of the time allowed for filing a

petition for certiorari, if the order of the Commission has

been affirmed or the petition for review has been dismissed by

the court of appeals and no petition for certiorari has been

duly filed;

(B) upon the denial of a petition for certiorari, if the

order of the Commission has been affirmed or the petition for

review has been dismissed by the court of appeals; or

(C) upon the expiration of 30 days from the date of issuance

of a mandate of the Supreme Court directing that the order of

the Commission be affirmed or the petition for review be

dismissed.

(h) Modification or setting aside of order by Supreme Court

If the Supreme Court directs that the order of the Commission be

modified or set aside, the order of the Commission rendered in

accordance with the mandate of the Supreme Court shall become final

upon the expiration of thirty days from the time it was rendered,

unless within such thirty days either party has instituted

proceedings to have such order corrected to accord with the

mandate, in which event the order of the Commission shall become

final when so corrected.

(i) Modification or setting aside of order by Court of Appeals

If the order of the Commission is modified or set aside by the

court of appeals, and if (1) the time allowed for filing a petition

for certiorari has expired and no such petition has been duly

filed, or (2) the petition for certiorari has been denied, or (3)

the decision of the court has been affirmed by the Supreme Court,

then the order of the Commission rendered in accordance with the

mandate of the court of appeals shall become final on the

expiration of thirty days from the time such order of the

Commission was rendered, unless within such thirty days either

party has instituted proceedings to have such order corrected so

that it will accord with the mandate, in which event the order of

the Commission shall become final when so corrected.

(j) Rehearing upon order or remand

If the Supreme Court orders a rehearing; or if the case is

remanded by the court of appeals to the Commission for a rehearing,

and if (1) the time allowed for filing a petition for certiorari

has expired, and no such petition has been duly filed, or (2) the

petition for certiorari has been denied, or (3) the decision of the

court has been affirmed by the Supreme Court, then the order of the

Commission rendered upon such rehearing shall become final in the

same manner as though no prior order of the Commission had been

rendered.

(k) ''Mandate'' defined

As used in this section the term ''mandate'', in case a mandate

has been recalled prior to the expiration of thirty days from the

date of issuance thereof, means the final mandate.

(l) Penalty for violation of order; injunctions and other

appropriate equitable relief

Any person, partnership, or corporation who violates an order of

the Commission after it has become final, and while such order is

in effect, shall forfeit and pay to the United States a civil

penalty of not more than $10,000 for each violation, which shall

accrue to the United States and may be recovered in a civil action

brought by the Attorney General of the United States. Each separate

violation of such an order shall be a separate offense, except that

in a case of a violation through continuing failure to obey or

neglect to obey a final order of the Commission, each day of

continuance of such failure or neglect shall be deemed a separate

offense. In such actions, the United States district courts are

empowered to grant mandatory injunctions and such other and further

equitable relief as they deem appropriate in the enforcement of

such final orders of the Commission.

(m) Civil actions for recovery of penalties for knowing violations

of rules and cease and desist orders respecting unfair or

deceptive acts or practices; jurisdiction; maximum amount of

penalties; continuing violations; de novo determinations;

compromise or settlement procedure

(1)(A) The Commission may commence a civil action to recover a

civil penalty in a district court of the United States against any

person, partnership, or corporation which violates any rule under

this chapter respecting unfair or deceptive acts or practices

(other than an interpretive rule or a rule violation of which the

Commission has provided is not an unfair or deceptive act or

practice in violation of subsection (a)(1) of this section) with

actual knowledge or knowledge fairly implied on the basis of

objective circumstances that such act is unfair or deceptive and is

prohibited by such rule. In such action, such person, partnership,

or corporation shall be liable for a civil penalty of not more than

$10,000 for each violation.

(B) If the Commission determines in a proceeding under subsection

(b) of this section that any act or practice is unfair or

deceptive, and issues a final cease and desist order, other than a

consent order, with respect to such act or practice, then the

Commission may commence a civil action to obtain a civil penalty in

a district court of the United States against any person,

partnership, or corporation which engages in such act or practice -

(1) after such cease and desist order becomes final (whether or

not such person, partnership, or corporation was subject to such

cease and desist order), and

(2) with actual knowledge that such act or practice is unfair

or deceptive and is unlawful under subsection (a)(1) of this

section.

In such action, such person, partnership, or corporation shall be

liable for a civil penalty of not more than $10,000 for each

violation.

(C) In the case of a violation through continuing failure to

comply with a rule or with subsection (a)(1) of this section, each

day of continuance of such failure shall be treated as a separate

violation, for purposes of subparagraphs (A) and (B). In

determining the amount of such a civil penalty, the court shall

take into account the degree of culpability, any history of prior

such conduct, ability to pay, effect on ability to continue to do

business, and such other matters as justice may require.

(2) If the cease and desist order establishing that the act or

practice is unfair or deceptive was not issued against the

defendant in a civil penalty action under paragraph (1)(B) the

issues of fact in such action against such defendant shall be tried

de novo. Upon request of any party to such an action against such

defendant, the court shall also review the determination of law

made by the Commission in the proceeding under subsection (b) of

this section that the act or practice which was the subject of such

proceeding constituted an unfair or deceptive act or practice in

violation of subsection (a) of this section.

(3) The Commission may compromise or settle any action for a

civil penalty if such compromise or settlement is accompanied by a

public statement of its reasons and is approved by the court.

(n) Standard of proof; public policy consideration

The Commission shall have no authority under this section or

section 57a of this title to declare unlawful an act or practice on

the grounds that such act or practice is unfair unless the act or

practice causes or is likely to cause substantial injury to

consumers which is not reasonably avoidable by consumers themselves

and not outweighed by countervailing benefits to consumers or to

competition. In determining whether an act or practice is unfair,

the Commission may consider established public policies as evidence

to be considered with all other evidence. Such public policy

considerations may not serve as a primary basis for such

determination.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 5, 38 Stat. 719; Mar. 21, 1938, ch.

49, Sec. 3, 52 Stat. 111; June 23, 1938, ch. 601, title XI, Sec.

1107(f), 52 Stat. 1028; June 25, 1948, ch. 646, Sec. 32(a), 62

Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Mar. 16,

1950, ch. 61, Sec. 4(c), 64 Stat. 21; July 14, 1952, ch. 745, Sec.

2, 66 Stat. 632; Pub. L. 85-726, title XIV, Sec. 1401(b), 1411,

Aug. 23, 1958, 72 Stat. 806, 809; Pub. L. 85-791, Sec. 3, Aug. 28,

1958, 72 Stat. 942; Pub. L. 85-909, Sec. 3, Sept. 2, 1958, 72 Stat.

1750; Pub. L. 86-507, Sec. 1(13), June 11, 1960, 74 Stat. 200; Pub.

L. 93-153, title IV, Sec. 408(c), (d), Nov. 16, 1973, 87 Stat. 591,

592; Pub. L. 93-637, title II, Sec. 201(a), 204(b), 205(a), Jan. 4,

1975, 88 Stat. 2193, 2200; Pub. L. 94-145, Sec. 3, Dec. 12, 1975,

89 Stat. 801; Pub. L. 96-37, Sec. 1(a), July 23, 1979, 93 Stat. 95;

Pub. L. 96-252, Sec. 2, May 28, 1980, 94 Stat. 374; Pub. L. 97-290,

title IV, Sec. 403, Oct. 8, 1982, 96 Stat. 1246; Pub. L. 98-620,

title IV, Sec. 402(12), Nov. 8, 1984, 98 Stat. 3358; Pub. L.

100-86, title VII, Sec. 715(a)(1), Aug. 10, 1987, 101 Stat. 655;

Pub. L. 103-312, Sec. 4, 6, 9, Aug. 26, 1994, 108 Stat. 1691, 1692,

1695.)

-REFTEXT-

REFERENCES IN TEXT

The Acts to regulate commerce, referred to in subsec. (a)(2), are

defined in section 44 of this title.

The Packers and Stockyards Act, 1921, as amended, referred to in

subsec. (a)(2), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as

amended, which is classified to chapter 9 (Sec. 181 et seq.) of

Title 7, Agriculture. For complete classification of this Act to

the Code, see section 181 of Title 7 and Tables.

The Antitrust Acts, referred to in subsec. (e), are defined in

section 44 of this title.

-COD-

CODIFICATION

In subsec. (a)(2), ''part A of subtitle VII of title 49''

substituted for ''the Federal Aviation Act of 1958 (49 App. U.S.C.

1301 et seq.)'' on authority of Pub. L. 103-272, Sec. 6(b), July 5,

1994, 108 Stat. 1378, the first section of which enacted subtitles

II, III, and V to X of Title 49, Transportation.

In subsec. (c), ''section 1254 of title 28'' substituted for

''section 240 of the Judicial Code (28 U.S.C. 347)'' on authority

of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of

which enacted Title 28, Judiciary and Judicial Procedure.

-MISC3-

AMENDMENTS

1994 - Subsec. (g)(1). Pub. L. 103-312, Sec. 6(d), substituted a

period for ''; or'' at end.

Subsec. (g)(2). Pub. L. 103-312, Sec. 6(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''Upon

the expiration of the time allowed for filing a petition for

certiorari, if the order of the Commission has been affirmed, or

the petition for review dismissed by the court of appeals, and no

petition for certiorari has been duly filed; or''.

Subsec. (g)(3). Pub. L. 103-312, Sec. 6(b), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''Upon

the denial of a petition for certiorari, if the order of the

Commission has been affirmed or the petition for review dismissed

by the court of appeals; or''.

Subsec. (g)(4). Pub. L. 103-312, Sec. 6(c), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: ''Upon

the expiration of thirty days from the date of issuance of the

mandate of the Supreme Court, if such Court directs that the order

of the Commission be affirmed or the petition for review

dismissed.''

Subsec. (m)(1)(B). Pub. L. 103-312, Sec. 4(a), inserted '', other

than a consent order,'' after ''a final cease and desist order'' in

introductory provisions.

Subsec. (m)(2). Pub. L. 103-312, Sec. 4(b), inserted at end

''Upon request of any party to such an action against such

defendant, the court shall also review the determination of law

made by the Commission in the proceeding under subsection (b) of

this section that the act or practice which was the subject of such

proceeding constituted an unfair or deceptive act or practice in

violation of subsection (a) of this section.''

Subsec. (n). Pub. L. 103-312, Sec. 9, added subsec. (n).

1987 - Subsec. (a)(2). Pub. L. 100-86 inserted ''Federal credit

unions described in section 57a(f)(4) of this title,'' after

''section 57a(f)(3) of this title,''.

1984 - Subsec. (e). Pub. L. 98-620 struck out provision that such

proceedings in the court of appeals had to be given precedence over

other cases pending therein, and had to be in every way expedited.

1982 - Subsec. (a)(3). Pub. L. 97-290 added par. (3).

1980 - Subsec. (b). Pub. L. 96-252 added cl. (2) and provision

following cl. (2) requiring that the Commission determine whether

to alter, modify, or set aside any order of the Commission in

response to a request made by a person, partnership, or corporation

under paragraph (2) not later than 120 days after the date of the

filing of such request.

1979 - Subsec. (a)(2). Pub. L. 96-37 added savings and loan

institutions described in section 57a(f)(3) of this title to the

enumeration of entities exempted from the Commission's power to

prevent the use of unfair methods of competition and unfair or

deceptive acts or practices.

1975 - Pub. L. 93-637, Sec. 201(a), substituted ''in or affecting

commerce'' for ''in commerce'' wherever appearing.

Subsec. (a). Pub. L. 94-145 struck out pars. (2) to (5) which

permitted fair trade pricing of articles for retail sale and State

enactment of nonsigner provisions, and redesignated par. (6) as

(2).

Subsec. (m). Pub. L. 93-637, Sec. 204(b), 205(a), added subsec.

(m). Former subsec. (m), relating to the election by the Commission

to appear in its own name after notifying and consulting with and

giving the Attorney General 10 days to take the action proposed by

the Commission, was struck out.

1973 - Subsec. (l). Pub. L. 93-153, Sec. 408(c), raised the

maximum civil penalty for each violation to $10,000 and inserted

provisions empowering the United States District Courts to grant

mandatory injunctions and such other and further equitable relief

as they might deem appropriate for the enforcement of final

Commission orders.

Subsec. (m). Pub. L. 93-153, Sec. 408(d), added subsec. (m).

1960 - Subsec. (f). Pub. L. 86-507 substituted ''mailing a copy

thereof by registered mail or by certified mail'' for ''registering

and mailing a copy thereof'', and ''mailed by registered mail or by

certified mail'' for ''registered and mailed''.

1958 - Subsec. (a)(6). Pub. L. 85-909 substituted ''persons,

partnerships, or corporations insofar as they are subject to the

Packers and Stockyards Act, 1921, as amended,'' for ''persons,

partnerships or corporations subject to the Packers and Stockyards

Act, 1921,''.

Pub. L. 85-726, Sec. 1411, substituted ''Federal Aviation Act of

1958'' for ''Civil Aeronautics Act of 1938''.

Subsec. (b). Pub. L. 85-791, Sec. 3(a), struck out ''the

transcript of'' before ''the record in the proceeding'' in sixth

sentence.

Subsec. (c). Pub. L. 85-791, Sec. 3(b), in second sentence,

substituted ''transmitted by the clerk of the court to'' for

''served upon'', and ''Commission shall file in the court the

record in the proceeding, as provided in section 2112 of title 28''

for ''Commission forthwith shall certify and file in the court a

transcript of the entire record in the proceeding, including all

the evidence taken and the report and order of the Commission'',

and which, in third sentence struck out ''and transcript'' after

''petition'', inserted ''concurrently with the Commission until the

filing of the record'' and struck out ''upon the pleadings,

evidence, and proceedings set forth in such transcript'' before ''a

decree affirming''.

Subsec. (d). Pub. L. 85-791, Sec. 3(c), substituted ''Upon the

filing of the record with it the'' for ''The''.

1952 - Subsec. (a). Act July 14, 1952, amended subsec. (a)

generally to permit fair trade pricing of articles for retail sale.

1950 - Subsec. (l). Act Mar. 16, 1950, inserted last sentence to

make each separate violation of a cease and desist order as a

separate offense, except that each day of a continuing failure to

obey a final order shall be a separate offense.

1938 - Subsec. (a). Act June 23, 1938, inserted ''air carriers

and foreign air carriers subject to chapter 9 of title 49'' in

second par.

Act Mar. 21, 1938, amended section generally.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,

1949, substituted ''court of appeals'' for ''circuit court of

appeals''.

-MISC4-

EFFECTIVE DATE OF 1994 AMENDMENT

Section 15 of Pub. L. 103-312 provided that:

''(a) In General. - Except as provided in subsections (b), (c),

(d), and (e), the provisions of this Act (enacting section 57b-5 of

this title, amending this section and sections 53, 57a, 57b-1,

57b-2, 57c, and 58 of this title, and enacting provisions set out

as notes under sections 57c and 58 of this title) shall take effect

on the date of enactment of this Act (Aug. 26, 1994).

''(b) Applicability of Section 5. - The amendment made by section

5 of this Act (amending section 57a of this title) shall apply only

to rulemaking proceedings initiated after the date of enactment of

this Act. Such amendment shall not be construed to affect in any

manner a rulemaking proceeding which was initiated before the date

of enactment of this Act (Aug. 26, 1994).

''(c) Applicability of Section 6. - The amendments made by

section 6 of this Act (amending this section) shall apply only with

respect to cease and desist orders issued under section 5 of the

Federal Trade Commission Act (15 U.S.C. 45) after the date of

enactment of this Act (Aug. 26, 1994). These amendments shall not

be construed to affect in any manner a cease and desist order which

was issued before the date of enactment of this Act.

''(d) Applicability of Sections 7 and 8. - The amendments made by

sections 7 and 8 of this Act (amending sections 57b-1 and 57b-2 of

this title) shall apply only with respect to compulsory process

issued after the date of enactment of this Act (Aug. 26, 1994).

''(e) Applicability of Section 9. - The amendments made by

section 9 of this Act (amending this section) shall apply only with

respect to cease and desist orders issued under section 5 of the

Federal Trade Commission Act (15 U.S.C. 45), or to rules

promulgated under section 18 of the Federal Trade Commission Act

(15 U.S.C. 57a) after the date of enactment of this Act (Aug. 26,

1994). These amendments shall not be construed to affect in any

manner a cease and desist order which was issued, or a rule which

was promulgated, before the date of enactment of this Act. These

amendments shall not be construed to affect in any manner a cease

and desist order issued after the date of enactment of this Act, if

such order was issued pursuant to remand from a court of appeals or

the Supreme Court of an order issued by the Federal Trade

Commission before the date of enactment of this Act.''

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 23 of Pub. L. 96-252 provided that: ''The provisions of

this Act (enacting sections 57a-1 and 57b-1 to 57b-4 of this title,

amending this section and sections 46, 50, 57a, 57c, and 58 of this

title, and enacting provisions set out as notes under sections 46,

57a, 57a-1, 57c, and 58 of this title), and the amendments made by

this Act, shall take effect on the date of the enactment of this

Act (May 28, 1980).''

EFFECTIVE DATE OF 1975 AMENDMENTS

Amendment by Pub. L. 94-145 effective upon expiration of

ninety-day period beginning on Dec. 12, 1975, see section 4 of Pub.

L. 94-145, set out as a note under section 1 of this title.

Amendment by section 204(b) of Pub. L. 93-637 not applicable to

any civil action commenced before Jan. 4, 1975, see section 204(c)

of Pub. L. 93-637, set out as a note under section 56 of this

title.

Section 205(b) of Pub. L. 93-637 provided that: ''The amendment

made by subsection (a) of this section (amending this section)

shall not apply to any violation, act, or practice to the extent

that such violation, act, or practice occurred before the date of

enactment of this Act (Jan. 4, 1975).''

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-726 effective on 60th day following the

date on which the Administrator of the Federal Aviation Agency

first appointed under Pub. L. 85-726 qualifies and takes office,

see section 1505(2) of Pub. L. 85-726. The Administrator was

appointed, qualified, and took office on Oct. 31, 1958.

EFFECTIVE DATE OF 1950 AMENDMENT

Amendment by act Mar. 16, 1950, effective July 1, 1950, see note

set out under section 347 of Title 21, Food and Drugs.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-MISC5-

CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE COVERING GRANT OF

DISTRICT SUBPENA ENFORCEMENT AUTHORITY AND AUTHORITY TO GRANT

PRELIMINARY INJUNCTIVE RELIEF

Section 408(a), (b) of Pub. L. 93-153 provided that:

''(a)(1) The Congress hereby finds that the investigative and law

enforcement responsibilities of the Federal Trade Commission have

been restricted and hampered because of inadequate legal authority

to enforce subpenas and to seek preliminary injunctive relief to

avoid unfair competitive practices.

''(2) The Congress further finds that as a direct result of this

inadequate legal authority significant delays have occurred in a

major investigation into the legality of the structure, conduct,

and activities of the petroleum industry, as well as in other major

investigations designed to protect the public interest.

''(b) It is the purpose of this Act (amending this section and

sections 46, 53, and 56 of this title) to grant the Federal Trade

Commission the requisite authority to insure prompt enforcement of

the laws the Commission administers by granting statutory authority

to directly enforce subpenas issued by the Commission and to seek

preliminary injunctive relief to avoid unfair competitive

practices.''

PURPOSE OF ACT JULY 14, 1952

Section 1 of act July 14, 1952, provided: ''That it is the

purpose of this Act (amending this section) to protect the rights

of States under the United States Constitution to regulate their

internal affairs and more particularly to enact statutes and laws,

and to adopt policies, which authorize contracts and agreements

prescribing minimum or stipulated prices for the resale of

commodities and to extend the minimum or stipulated prices

prescribed by such contracts and agreements to persons who are not

parties thereto. It is the further purpose of this Act to permit

such statutes, laws, and public policies to apply to commodities,

contracts, agreements, and activities in or affecting interstate or

foreign commerce.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1, 16a, 18a, 37a, 45a,

52, 53, 56, 57a, 57b, 57b-1, 1456, 1679h, 1681s, 2310, 2823, 4002,

4021, 4301, 4404, 5711, 5721, 6211, 6501, 6701 of this title; title

7 sections 193, 228b-2; title 12 sections 1831u, 1841; title 16

sections 824k, 1385; title 17 section 109; title 21 sections 347b,

378; title 39 section 3009; title 42 section 6303; title 47 section

303c; title 49 section 32908; title 50 App. section 2158.

-CITE-

15 USC Sec. 45a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 45a. Labels on products

-STATUTE-

To the extent any person introduces, delivers for introduction,

sells, advertises, or offers for sale in commerce a product with a

''Made in the U.S.A.'' or ''Made in America'' label, or the

equivalent thereof, in order to represent that such product was in

whole or substantial part of domestic origin, such label shall be

consistent with decisions and orders of the Federal Trade

Commission issued pursuant to section 45 of this title. This

section only applies to such labels. Nothing in this section shall

preclude the application of other provisions of law relating to

labeling. The Commission may periodically consider an appropriate

percentage of imported components which may be included in the

product and still be reasonably consistent with such decisions and

orders. Nothing in this section shall preclude use of such labels

for products that contain imported components under the label when

the label also discloses such information in a clear and

conspicuous manner. The Commission shall administer this section

pursuant to section 45 of this title and may from time to time

issue rules pursuant to section 553 of title 5 for such purpose.

If a rule is issued, such violation shall be treated by the

Commission as a violation of a rule under section 57a of this title

regarding unfair or deceptive acts or practices. This section

shall be effective upon publication in the Federal Register of a

Notice of the provisions of this section. The Commission shall

publish such notice within six months after September 13, 1994.

-SOURCE-

(Pub. L. 103-322, title XXXII, Sec. 320933, Sept. 13, 1994, 108

Stat. 2135.)

-COD-

CODIFICATION

Section was enacted as part of the Violent Crime Control and Law

Enforcement Act of 1994, and not as part of the Federal Trade

Commission Act which comprises this subchapter.

-CITE-

15 USC Sec. 46 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 46. Additional powers of Commission

-STATUTE-

The Commission shall also have power -

(a) Investigation of persons, partnerships, or corporations

To gather and compile information concerning, and to investigate

from time to time the organization, business, conduct, practices,

and management of any person, partnership, or corporation engaged

in or whose business affects commerce, excepting banks, savings and

loan institutions described in section 57a(f)(3) of this title,

Federal credit unions described in section 57a(f)(4) of this title,

and common carriers subject to the Act to regulate commerce, and

its relation to other persons, partnerships, and corporations.

(b) Reports of persons, partnerships, and corporations

To require, by general or special orders, persons, partnerships,

and corporations, engaged in or whose business affects commerce,

excepting banks, savings and loan institutions described in section

57a(f)(3) of this title, Federal credit unions described in section

57a(f)(4) of this title, and common carriers subject to the Act to

regulate commerce, or any class of them, or any of them,

respectively, to file with the Commission in such form as the

Commission may prescribe annual or special, or both annual and

special, reports or answers in writing to specific questions,

furnishing to the Commission such information as it may require as

to the organization, business, conduct, practices, management, and

relation to other corporations, partnerships, and individuals of

the respective persons, partnerships, and corporations filing such

reports or answers in writing. Such reports and answers shall be

made under oath, or otherwise, as the Commission may prescribe, and

shall be filed with the Commission within such reasonable period as

the Commission may prescribe, unless additional time be granted in

any case by the Commission.

(c) Investigation of compliance with antitrust decrees

Whenever a final decree has been entered against any defendant

corporation in any suit brought by the United States to prevent and

restrain any violation of the antitrust Acts, to make

investigation, upon its own initiative, of the manner in which the

decree has been or is being carried out, and upon the application

of the Attorney General it shall be its duty to make such

investigation. It shall transmit to the Attorney General a report

embodying its findings and recommendations as a result of any such

investigation, and the report shall be made public in the

discretion of the Commission.

(d) Investigations of violations of antitrust statutes

Upon the direction of the President or either House of Congress

to investigate and report the facts relating to any alleged

violations of the antitrust Acts by any corporation.

(e) Readjustment of business of corporations violating antitrust

statutes

Upon the application of the Attorney General to investigate and

make recommendations for the readjustment of the business of any

corporation alleged to be violating the antitrust Acts in order

that the corporation may thereafter maintain its organization,

management, and conduct of business in accordance with law.

(f) Publication of information; reports

To make public from time to time such portions of the information

obtained by it hereunder as are in the public interest; and to make

annual and special reports to the Congress and to submit therewith

recommendations for additional legislation; and to provide for the

publication of its reports and decisions in such form and manner as

may be best adapted for public information and use: Provided, That

the Commission shall not have any authority to make public any

trade secret or any commercial or financial information which is

obtained from any person and which is privileged or confidential,

except that the Commission may disclose such information to

officers and employees of appropriate Federal law enforcement

agencies or to any officer or employee of any State law enforcement

agency upon the prior certification of an officer of any such

Federal or State law enforcement agency that such information will

be maintained in confidence and will be used only for official law

enforcement purposes.

(g) Classification of corporations; regulations

From time to time classify corporations and (except as provided

in section 57a(a)(2) of this title) to make rules and regulations

for the purpose of carrying out the provisions of this subchapter.

(h) Investigations of foreign trade conditions; reports

To investigate, from time to time, trade conditions in and with

foreign countries where associations, combinations, or practices of

manufacturers, merchants, or traders, or other conditions, may

affect the foreign trade of the United States, and to report to

Congress thereon, with such recommendations as it deems advisable.

(i) Investigations of foreign antitrust law violations

With respect to the International Antitrust Enforcement

Assistance Act of 1994 (15 U.S.C. 6201 et seq.), to conduct

investigations of possible violations of foreign antitrust laws (as

defined in section 12 of such Act (15 U.S.C. 6211)).

Provided, That the exception of ''banks, savings and loan

institutions described in section 57a(f)(3) of this title, Federal

credit unions described in section 57a(f)(4) of this title, and

common carriers subject to the Act to regulate commerce'' from the

Commission's powers defined in clauses (a) and (b) of this section,

shall not be construed to limit the Commission's authority to

gather and compile information, to investigate, or to require

reports or answers from, any person, partnership, or corporation to

the extent that such action is necessary to the investigation of

any person, partnership, or corporation, group of persons,

partnerships, or corporations, or industry which is not engaged or

is engaged only incidentally in banking, in business as a savings

and loan institution, in business as a Federal credit union, or in

business as a common carrier subject to the Act to regulate

commerce.

The Commission shall establish a plan designed to substantially

reduce burdens imposed upon small businesses as a result of

requirements established by the Commission under clause (b)

relating to the filing of quarterly financial reports. Such plan

shall (1) be established after consultation with small businesses

and persons who use the information contained in such quarterly

financial reports; (2) provide for a reduction of the number of

small businesses required to file such quarterly financial reports;

and (3) make revisions in the forms used for such quarterly

financial reports for the purpose of reducing the complexity of

such forms. The Commission, not later than December 31, 1980,

shall submit such plan to the Committee on Commerce, Science, and

Transportation of the Senate and to the Committee on Energy and

Commerce of the House of Representatives. Such plan shall take

effect not later than October 31, 1981.

No officer or employee of the Commission or any Commissioner may

publish or disclose information to the public, or to any Federal

agency, whereby any line-of-business data furnished by a particular

establishment or individual can be identified. No one other than

designated sworn officers and employees of the Commission may

examine the line-of-business reports from individual firms, and

information provided in the line-of-business program administered

by the Commission shall be used only for statistical purposes.

Information for carrying out specific law enforcement

responsibilities of the Commission shall be obtained under

practices and procedures in effect on May 28, 1980, or as changed

by law.

Nothing in this section (other than the provisions of clause (c)

and clause (d)) shall apply to the business of insurance, except

that the Commission shall have authority to conduct studies and

prepare reports relating to the business of insurance. The

Commission may exercise such authority only upon receiving a

request which is agreed to by a majority of the members of the

Committee on Commerce, Science, and Transportation of the Senate or

the Committee on Energy and Commerce of the House of

Representatives. The authority to conduct any such study shall

expire at the end of the Congress during which the request for such

study was made.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 6, 38 Stat. 721; Pub. L. 93-153,

title IV, Sec. 408(e), Nov. 16, 1973, 87 Stat. 592; Pub. L. 93-637,

title II, Sec. 201(b), 202(b), 203(a), Jan. 4, 1975, 88 Stat. 2193,

2198; Pub. L. 96-37, Sec. 1(b), July 23, 1979, 93 Stat. 95; Pub. L.

96-252, Sec. 3-5(a), May 28, 1980, 94 Stat. 374, 375; Pub. L.

100-86, title VII, Sec. 715(a), (b), Aug. 10, 1987, 101 Stat. 655;

Pub. L. 103-437, Sec. 5(a), Nov. 2, 1994, 108 Stat. 4582; Pub. L.

103-438, Sec. 3(e)(2)(A), Nov. 2, 1994, 108 Stat. 4598.)

-REFTEXT-

REFERENCES IN TEXT

The Act to regulate commerce, referred to in subsecs. (a), (b),

and the proviso following subsec. (h), is defined in section 44 of

this title.

The antitrust Acts, referred to in subsecs. (c) to (e), are

defined in section 44 of this title.

The International Antitrust Enforcement Assistance Act of 1994,

referred to in subsec. (i), is Pub. L. 103-438, Nov. 2, 1994, 108

Stat. 4597, which is classified principally to chapter 88 (Sec.

6201 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6201 of

this title and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-437, in first and third undesignated pars.

following proviso after subsec. (h), substituted ''Committee on

Energy and Commerce'' for ''Committee on Interstate and Foreign

Commerce''.

Subsec. (i). Pub. L. 103-438 added subsec. (i).

1987 - Subsecs. (a), (b). Pub. L. 100-86, Sec. 715(a)(1), (2),

inserted reference to Federal credit unions described in section

57a(f)(4) of this title.

Pub. L. 100-86, Sec. 715(b), in proviso following subsec. (h),

inserted reference to Federal credit unions described in section

57a(f)(4) of this title and reference to in business as a Federal

credit union.

1980 - Subsec. (f). Pub. L. 96-252, Sec. 3(a), substituted ''as

are'' for '', except trade secrets and names of customers, as it

shall deem expedient'' and inserted proviso restricting

Commission's authority to make public trade secrets or commercial

or financial information which is obtained from any person and

which is privileged or confidential.

Pub. L. 96-252, Sec. 3(b)-5(a), inserted three undesignated

paragraphs following subsec. (h) requiring the Commission to

establish a plan to reduce burdens imposed upon small businesses by

the quarterly financial reporting requirements under subsec. (b) of

this section, prohibiting Commissioners and officers and employees

of the Commission from publishing or disclosing information whereby

line-of-business data furnished by particular establishments or

individuals can be identified, and, with certain exceptions, making

this section inapplicable to the business of insurance.

1979 - Subsecs. (a), (b). Pub. L. 96-37, Sec. 1(b)(1), (2),

inserted reference to savings and loan institutions described in

section 57a(f)(3) of this title.

Pub. L. 96-37, Sec. 1(b)(3), in proviso following subsec. (h),

inserted references to savings and loan institutions and to

persons, partnerships, corporations, groups of persons,

partnerships, or corporations or industries that are not engaged or

are engaged only incidentally in business as savings and loan

institutions.

1975 - Subsec. (a). Pub. L. 93-637, Sec. 201(b), 203(a)(1),

substituted ''in or whose business affects commerce'' for ''in

commerce'', ''person, partnership, or corporation'' for

''corporation'', and ''persons, partnerships, and corporations''

for ''corporations and to individuals, associations, and

partnerships''.

Subsec. (b). Pub. L. 93-637, Sec. 201(b), 203(a)(2), substituted

''in or whose business affects commerce'' for ''in commerce'',

''special orders, persons, partnerships, and corporations, engaged

in or whose business affects commerce, excepting'' for ''special

orders, corporations engaged in or whose business affects commerce,

excepting'', and ''respective persons, partnerships, and

corporations'' for ''respective corporations''.

Subsec. (g). Pub. L. 93-637, Sec. 202(b), inserted ''(except as

provided in section 57a(a)(2) of this title)'' before ''to make

rules and regulations''.

Pub. L. 93-637, Sec. 203(a)(3), in proviso following subsec. (h),

substituted ''any person, partnership, or corporation to the extent

that such action is necessary to the investigation of any person,

partnership, or corporation, group of persons, partnerships, or

corporations,'' for ''any such corporation to the extent that such

action is necessary to the investigation of any corporation, group

of corporations,''.

1973 - Pub. L. 93-153 inserted proviso following subsec. (h) that

the Commission's investigatory powers to gather and compile

information, investigate, and require reports or answers is not

curtailed as regards banks and common carriers when the

investigation in question is an investigation of a corporation,

group of corporations, or industry not engaged or engaged only

incidentally in banking or in business as a common carrier subject

to the Act to regulate commerce notwithstanding provisions

excepting banks and common carriers subject to the Act from the

exercise of the Commission's power to investigate and require

reports from corporations.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-252 effective May 28, 1980, see section

23 of Pub. L. 96-252, set out as a note under section 45 of this

title.

APPLICABILITY OF 1975 AMENDMENT TO SUBSECTION (G) OF THIS SECTION

For applicability to rules promulgated or proposed under subsec.

(g) of this section prior to Jan. 4, 1975, of amendment made to

said subsec. (g) by section 202(b) of Act Jan. 4, 1975, see

''Applicability'' provisions of section 202(c) of Act Jan. 4, 1975,

set out as a note under section 57a of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-MISC5-

STUDY AND EVALUATION OF EFFECTIVENESS OF STATE POLICIES AND

PROGRAMS RELATING TO REGULATION OF CERTAIN HEALTH INSURANCE

POLICIES

Section 5(b) of Pub. L. 96-252 provided that: ''The amendment

made in subsection (a) (adding undesignated paragraph authorizing

studies and reports relating to the business of insurance) shall

not be construed to prohibit the Federal Trade Commission from

participating with the Secretary of Health and Human Services in a

comprehensive study and evaluation of the comparative effectiveness

of various State policies and programs relating to the regulation

of health insurance policies available for purchase by individuals

who are eligible for benefits under the program of health insurance

benefits established in title XVIII of the Social Security Act (42

U.S.C. 1395 et seq.).''

-EXEC-

EX. ORD. NO. 10544. INSPECTION OF INCOME TAX RETURNS BY FEDERAL

TRADE COMMISSION

Ex. Ord. No. 10544, July 12, 1954, 19 F.R. 4289, provided:

By virtue of the authority vested in me by section 55(a) of the

Internal Revenue Code (53 Stat. 29; 54 Stat. 1008; 55 Stat. 722)

and in the interest of the internal management of the Government,

it is hereby ordered that corporation income tax returns made for

the year 1953 and subsequent years shall be open to inspection by

the Federal Trade Commission as an aid in executing the powers

conferred upon such Commission by the Federal Trade Commission Act

of September 26, 1914, 38 Stat. 717, (this subchapter), such

inspection to be in accordance and upon compliance with the rules

and regulations prescribed by the Secretary of the Treasury in the

Treasury decision relating to the inspection of returns by the

Federal Trade Commission, approved by me this date (T.D. 6080, 19

F.R. 4308).

This Executive Order shall be effective upon its filing for

publication in the Federal Register. Dwight D. Eisenhower.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57b-1, 57b-2, 57b-3, 6205

of this title; title 7 sections 198b, 222, 2146, 3807; title 13

section 91; title 21 sections 467d, 677, 1051.

-CITE-

15 USC Sec. 46a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 46a. Concurrent resolution essential to authorize

investigations

-STATUTE-

After June 16, 1933, no new investigations shall be initiated by

the Commission as the result of a legislative resolution, except

the same be a concurrent resolution of the two Houses of Congress.

-SOURCE-

(June 16, 1933, ch. 101, Sec. 1, 48 Stat. 291.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Trade Commission

Act which comprises this subchapter.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 47 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 47. Reference of suits under antitrust statutes to Commission

-STATUTE-

In any suit in equity brought by or under the direction of the

Attorney General as provided in the antitrust Acts, the court may,

upon the conclusion of the testimony therein, if it shall be then

of opinion that the complainant is entitled to relief, refer said

suit to the Commission, as a master in chancery, to ascertain and

report an appropriate form of decree therein. The Commission shall

proceed upon such notice to the parties and under such rules of

procedure as the court may prescribe, and upon the coming in of

such report such exceptions may be filed and such proceedings had

in relation thereto as upon the report of a master in other equity

causes, but the court may adopt or reject such report, in whole or

in part, and enter such decree as the nature of the case may in its

judgment require.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 7, 38 Stat. 722.)

-REFTEXT-

REFERENCES IN TEXT

The words ''In any suit in equity brought by or under the

direction of the Attorney General as provided in the antitrust

Acts'' have reference to actions under sections 4, 9, and 25 of

this title.

The antitrust Acts, referred to in text, are defined in section

44 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 48 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 48. Information and assistance from departments

-STATUTE-

The several departments and bureaus of the Government when

directed by the President shall furnish the Commission, upon its

request, all records, papers, and information in their possession

relating to any corporation subject to any of the provisions of

this subchapter, and shall detail from time to time such officials

and employees to the Commission as he may direct.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 8, 38 Stat. 722.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 198b, 222, 610,

2146, 3807; title 21 sections 467d, 677, 1051.

-CITE-

15 USC Sec. 49 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 49. Documentary evidence; depositions; witnesses

-STATUTE-

For the purposes of this subchapter the Commission, or its duly

authorized agent or agents, shall at all reasonable times have

access to, for the purpose of examination, and the right to copy

any documentary evidence of any person, partnership, or corporation

being investigated or proceeded against; and the Commission shall

have power to require by subpoena the attendance and testimony of

witnesses and the production of all such documentary evidence

relating to any matter under investigation. Any member of the

Commission may sign subpoenas, and members and examiners of the

Commission may administer oaths and affirmations, examine

witnesses, and receive evidence.

Such attendance of witnesses, and the production of such

documentary evidence, may be required from any place in the United

States, at any designated place of hearing. And in case of

disobedience to a subpoena the Commission may invoke the aid of any

court of the United States in requiring the attendance and

testimony of witnesses and the production of documentary evidence.

Any of the district courts of the United States within the

jurisdiction of which such inquiry is carried on may, in case of

contumacy or refusal to obey a subpoena issued to any person,

partnership, or corporation issue an order requiring such person,

partnership, or corporation to appear before the Commission, or to

produce documentary evidence if so ordered, or to give evidence

touching the matter in question; and any failure to obey such order

of the court may be punished by such court as a contempt thereof.

Upon the application of the Attorney General of the United

States, at the request of the Commission, the district courts of

the United States shall have jurisdiction to issue writs of

mandamus commanding any person, partnership, or corporation to

comply with the provisions of this subchapter or any order of the

Commission made in pursuance thereof.

The Commission may order testimony to be taken by deposition in

any proceeding or investigation pending under this subchapter at

any stage of such proceeding or investigation. Such depositions

may be taken before any person designated by the commission and

having power to administer oaths. Such testimony shall be reduced

to writing by the person taking the deposition, or under his

direction, and shall then be subscribed by the deponent. Any

person may be compelled to appear and depose and to produce

documentary evidence in the same manner as witnesses may be

compelled to appear and testify and produce documentary evidence

before the Commission as hereinbefore provided.

Witnesses summoned before the Commission shall be paid the same

fees and mileage that are paid witnesses in the courts of the

United States and witnesses whose depositions are taken and the

persons taking the same shall severally be entitled to the same

fees as are paid for like services in the courts of the United

States.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 9, 38 Stat. 722; Pub. L. 91-452,

title II, Sec. 211, Oct. 15, 1970, 84 Stat. 929; Pub. L. 93-637,

title II, Sec. 203(b), Jan. 4, 1975, 88 Stat. 2198.)

-MISC1-

AMENDMENTS

1975 - First par. Pub. L. 93-637, Sec. 203(b)(1), substituted

''person, partnership, or corporation'' for ''corporation''.

Third par. Pub. L. 93-637, Sec. 203(b)(2), substituted ''person,

partnership, or corporation'' for ''corporation or other person''

wherever appearing.

Fourth par. Pub. L. 93-637, Sec. 203(b)(3), substituted

''person, partnership, or corporation'' for ''person or

corporation''.

1970 - Seventh par. Pub. L. 91-452 struck out provisions which

granted immunity from prosecution for any natural person testifying

or producing evidence, documentary or otherwise, before the

commission in obedience to a subpoena issued by it.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an

Effective Date; Savings Provision note under section 6001 of Title

18, Crimes and Criminal Procedure.

SAVINGS PROVISION

Amendment by Pub. L. 91-452 not to affect any immunity to which

any individual is entitled under this section by reason of any

testimony given before the sixtieth day following Oct. 15, 1970,

see section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provision note under section 6001 of Title 18, Crimes and

Criminal Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 57b-1 of this title; title

7 sections 198b, 222, 610, 1636, 2146, 3807; title 21 sections

467d, 677, 1051; title 26 section 5274; title 27 section 202; title

29 sections 177, 209, 521, 1134, 1862, 2004, 2933; title 33

sections 907, 944; title 42 section 7255; title 50 App. section

1983.

-CITE-

15 USC Sec. 50 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 50. Offenses and penalties

-STATUTE-

Any person who shall neglect or refuse to attend and testify, or

to answer any lawful inquiry or to produce any documentary

evidence, if in his power to do so, in obedience to an order of a

district court of the United States directing compliance with the

subpoena or lawful requirement of the Commission, shall be guilty

of an offense and upon conviction thereof by a court of competent

jurisdiction shall be punished by a fine of not less than $1,000

nor more than $5,000, or by imprisonment for not more than one

year, or by both such fine and imprisonment.

Any person who shall willfully make, or cause to be made, any

false entry or statement of fact in any report required to be made

under this subchapter, or who shall willfully make, or cause to be

made, any false entry in any account, record, or memorandum kept by

any person, partnership, or corporation subject to this subchapter,

or who shall willfully neglect or fail to make, or to cause to be

made, full, true, and correct entries in such accounts, records, or

memoranda of all facts and transactions appertaining to the

business of such person, partnership, or corporation, or who shall

willfully remove out of the jurisdiction of the United States, or

willfully mutilate, alter, or by any other means falsify any

documentary evidence of such person, partnership, or corporation,

or who shall willfully refuse to submit to the Commission or to any

of its authorized agents, for the purpose of inspection and taking

copies, any documentary evidence of such person, partnership, or

corporation in his possession or within his control, shall be

deemed guilty of an offense against the United States, and shall be

subject, upon conviction in any court of the United States of

competent jurisdiction, to a fine of not less than $1,000 nor more

than $5,000, or to imprisonment for a term of not more than three

years, or to both such fine and imprisonment.

If any persons, partnership, or corporation required by this

subchapter to file any annual or special report shall fail so to do

within the time fixed by the Commission for filing the same, and

such failure shall continue for thirty days after notice of such

default, the corporation shall forfeit to the United States the sum

of $100 for each and every day of the continuance of such failure,

which forfeiture shall be payable into the Treasury of the United

States, and shall be recoverable in a civil suit in the name of the

United States brought in the case of a corporation or partnership

in the district where the corporation or partnership has its

principal office or in any district in which it shall do business,

and in the case of any person in the district where such person

resides or has his principal place of business. It shall be the

duty of the various United States attorneys, under the direction of

the Attorney General of the United States, to prosecute for the

recovery of the forfeitures. The costs and expenses of such

prosecution shall be paid out of the appropriation for the expenses

of the courts of the United States.

Any officer or employee of the Commission who shall make public

any information obtained by the Commission without its authority,

unless directed by a court, shall be deemed guilty of a

misdemeanor, and, upon conviction thereof, shall be punished by a

fine not exceeding $5,000, or by imprisonment not exceeding one

year, or by fine and imprisonment, in the discretion of the court.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 10, 38 Stat. 723; June 25, 1948, ch.

646, Sec. 1, 62 Stat. 909; Pub. L. 93-637, title II, Sec. 203(c),

Jan. 4, 1975, 88 Stat. 2199; Pub. L. 96-252, Sec. 6, May 28, 1980,

94 Stat. 376.)

-MISC1-

AMENDMENTS

1980 - First par. Pub. L. 96-252 inserted ''any'' after

''produce'' and ''an order of a district court of the United States

directing compliance with'' after ''obedience to''.

1975 - Second par. Pub. L. 93-637, Sec. 203(c)(1), substituted

''person, partnership, or corporation'' for ''corporation''

wherever appearing.

Third par. Pub. L. 93-637, Sec. 203(c)(2), substituted ''If any

persons, partnership, or corporation'' for ''If any corporation'',

and ''in the case of a corporation or partnership in the district

where the corporation or partnership has its principal office or in

any district in which it shall do business, and in the case of any

person in the district where such person resides or has his

principal place of business'' for ''in the district where the

corporation has its principal office or in any district in which it

shall do business''.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorneys'' for ''district attorneys''. See section 541 et

seq. of Title 28, Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-252 effective May 28, 1980, see section

23 of Pub. L. 96-252, set out as a note under section 45 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 198b, 222, 610,

1636, 2146, 3807; title 21 sections 467d, 677, 1051; title 26

section 5274; title 27 section 202; title 29 sections 177, 209,

521, 1134, 1862, 2004; title 33 sections 907, 944; title 50 App.

1983.

-CITE-

15 USC Sec. 51 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 51. Effect on other statutory provisions

-STATUTE-

Nothing contained in this subchapter shall be construed to

prevent or interfere with the enforcement of the provisions of the

antitrust Acts or the Acts to regulate commerce, nor shall anything

contained in this subchapter be construed to alter, modify, or

repeal the said antitrust Acts or the Acts to regulate commerce or

any part or parts thereof.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 11, 38 Stat. 724.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust Acts, referred to in text, are defined in section

44 of this title.

The Acts to regulate commerce, referred to in text, are defined

in section 44 of this title.

-CITE-

15 USC Sec. 52 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 52. Dissemination of false advertisements

-STATUTE-

(a) Unlawfulness

It shall be unlawful for any person, partnership, or corporation

to disseminate, or cause to be disseminated, any false

advertisement -

(1) By United States mails, or in or having an effect upon

commerce, by any means, for the purpose of inducing, or which is

likely to induce, directly or indirectly the purchase of food,

drugs, devices, services, or cosmetics; or

(2) By any means, for the purpose of inducing, or which is

likely to induce, directly or indirectly, the purchase in or

having an effect upon commerce, of food, drugs, devices,

services, or cosmetics.

(b) Unfair or deceptive act or practice

The dissemination or the causing to be disseminated of any false

advertisement within the provisions of subsection (a) of this

section shall be an unfair or deceptive act or practice in or

affecting commerce within the meaning of section 45 of this title.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 12, as added Mar. 21, 1938, ch. 49,

Sec. 4, 52 Stat. 114; amended Pub. L. 93-637, title II, Sec.

201(c), Jan. 4, 1975, 88 Stat. 2193; Pub. L. 103-297, Sec. 8, Aug.

16, 1994, 108 Stat. 1550.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-297 inserted ''services,'' after

''devices,'' in pars. (1) and (2).

1975 - Subsec. (a). Pub. L. 93-637 substituted ''in or having an

effect upon commerce,'' for ''in commerce''.

Subsec. (b). Pub. L. 93-637 substituted ''in or affecting

commerce'' for ''in commerce''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 54, 55 of this title;

title 21 section 352.

-CITE-

15 USC Sec. 53 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 53. False advertisements; injunctions and restraining orders

-STATUTE-

(a) Power of Commission; jurisdiction of courts

Whenever the Commission has reason to believe -

(1) that any person, partnership, or corporation is engaged in,

or is about to engage in, the dissemination or the causing of the

dissemination of any advertisement in violation of section 52 of

this title, and

(2) that the enjoining thereof pending the issuance of a

complaint by the Commission under section 45 of this title, and

until such complaint is dismissed by the Commission or set aside

by the court on review, or the order of the Commission to cease

and desist made thereon has become final within the meaning of

section 45 of this title, would be to the interest of the public,

the Commission by any of its attorneys designated by it for such

purpose may bring suit in a district court of the United States or

in the United States court of any Territory, to enjoin the

dissemination or the causing of the dissemination of such

advertisement. Upon proper showing a temporary injunction or

restraining order shall be granted without bond. Any suit may be

brought where such person, partnership, or corporation resides or

transacts business, or wherever venue is proper under section 1391

of title 28. In addition, the court may, if the court determines

that the interests of justice require that any other person,

partnership, or corporation should be a party in such suit, cause

such other person, partnership, or corporation to be added as a

party without regard to whether venue is otherwise proper in the

district in which the suit is brought. In any suit under this

section, process may be served on any person, partnership, or

corporation wherever it may be found.

(b) Temporary restraining orders; preliminary injunctions

Whenever the Commission has reason to believe -

(1) that any person, partnership, or corporation is violating,

or is about to violate, any provision of law enforced by the

Federal Trade Commission, and

(2) that the enjoining thereof pending the issuance of a

complaint by the Commission and until such complaint is dismissed

by the Commission or set aside by the court on review, or until

the order of the Commission made thereon has become final, would

be in the interest of the public -

the Commission by any of its attorneys designated by it for such

purpose may bring suit in a district court of the United States to

enjoin any such act or practice. Upon a proper showing that,

weighing the equities and considering the Commission's likelihood

of ultimate success, such action would be in the public interest,

and after notice to the defendant, a temporary restraining order or

a preliminary injunction may be granted without bond: Provided,

however, That if a complaint is not filed within such period (not

exceeding 20 days) as may be specified by the court after issuance

of the temporary restraining order or preliminary injunction, the

order or injunction shall be dissolved by the court and be of no

further force and effect: Provided further, That in proper cases

the Commission may seek, and after proper proof, the court may

issue, a permanent injunction. Any suit may be brought where such

person, partnership, or corporation resides or transacts business,

or wherever venue is proper under section 1391 of title 28. In

addition, the court may, if the court determines that the interests

of justice require that any other person, partnership, or

corporation should be a party in such suit, cause such other

person, partnership, or corporation to be added as a party without

regard to whether venue is otherwise proper in the district in

which the suit is brought. In any suit under this section, process

may be served on any person, partnership, or corporation wherever

it may be found.

(c) Service of process; proof of service

Any process of the Commission under this section may be served by

any person duly authorized by the Commission -

(1) by delivering a copy of such process to the person to be

served, to a member of the partnership to be served, or to the

president, secretary, or other executive officer or a director of

the corporation to be served;

(2) by leaving a copy of such process at the residence or the

principal office or place of business of such person,

partnership, or corporation; or

(3) by mailing a copy of such process by registered mail or

certified mail addressed to such person, partnership, or

corporation at his, or her, or its residence, principal office,

or principal place or business.

The verified return by the person serving such process setting

forth the manner of such service shall be proof of the same.

(d) Exception of periodical publications

Whenever it appears to the satisfaction of the court in the case

of a newspaper, magazine, periodical, or other publication,

published at regular intervals -

(1) that restraining the dissemination of a false advertisement

in any particular issue of such publication would delay the

delivery of such issue after the regular time therefor, and

(2) that such delay would be due to the method by which the

manufacture and distribution of such publication is customarily

conducted by the publisher in accordance with sound business

practice, and not to any method or device adopted for the evasion

of this section or to prevent or delay the issuance of an

injunction or restraining order with respect to such false

advertisement or any other advertisement,

the court shall exclude such issue from the operation of the

restraining order or injunction.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 13, as added Mar. 21, 1938, ch. 49,

Sec. 4, 52 Stat. 114; amended Pub. L. 93-153, title IV, Sec.

408(f), Nov. 16, 1973, 87 Stat. 592; Pub. L. 103-312, Sec. 10, Aug.

26, 1994, 108 Stat. 1695.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (b). Pub. L. 103-312, Sec. 10(a), in

concluding provisions, substituted ''Any suit may be brought where

such person, partnership, or corporation resides or transacts

business, or wherever venue is proper under section 1391 of title

28. In addition, the court may, if the court determines that the

interests of justice require that any other person, partnership, or

corporation should be a party in such suit, cause such other

person, partnership, or corporation to be added as a party without

regard to whether venue is otherwise proper in the district in

which the suit is brought. In any suit under this section, process

may be served on any person, partnership, or corporation wherever

it may be found.'' for ''Any such suit shall be brought in the

district in which such person, partnership, or corporation resides

or transacts business.''

Subsecs. (c), (d). Pub. L. 103-312, Sec. 10(b), added subsec. (c)

and redesignated former subsec. (c) as (d).

1973 - Subsecs. (b), (c). Pub. L. 93-153 added subsec. (b) and

redesignated former subsec. (b) as (c).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 55, 56, 6107 of this

title; title 21 sections 352, 378.

-CITE-

15 USC Sec. 54 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 54. False advertisements; penalties

-STATUTE-

(a) Imposition of penalties

Any person, partnership, or corporation who violates any

provision of section 52(a) of this title shall, if the use of the

commodity advertised may be injurious to health because of results

from such use under the conditions prescribed in the advertisement

thereof, or under such conditions as are customary or usual, or if

such violation is with intent to defraud or mislead, be guilty of a

misdemeanor, and upon conviction shall be punished by a fine of not

more than $5,000 or by imprisonment for not more than six months,

or by both such fine and imprisonment; except that if the

conviction is for a violation committed after a first conviction of

such person, partnership, or corporation, for any violation of such

section, punishment shall be by a fine of not more than $10,000 or

by imprisonment for not more than one year, or by both such fine

and imprisonment: Provided, That for the purposes of this section

meats and meat food products duly inspected, marked, and labeled in

accordance with rules and regulations issued under the Meat

Inspection Act (21 U.S.C. 601 et seq.) shall be conclusively

presumed not injurious to health at the time the same leave

official ''establishments.''

(b) Exception of advertising medium or agency

No publisher, radio-broadcast licensee, or agency or medium for

the dissemination of advertising, except the manufacturer, packer,

distributor, or seller of the commodity to which the false

advertisement relates, shall be liable under this section by reason

of the dissemination by him of any false advertisement, unless he

has refused, on the request of the Commission, to furnish the

Commission the name and post-office address of the manufacturer,

packer, distributor, seller, or advertising agency, residing in the

United States, who caused him to disseminate such advertisement.

No advertising agency shall be liable under this section by reason

of the causing by it of the dissemination of any false

advertisement, unless it has refused, on the request of the

Commission, to furnish the Commission the name and post-office

address of the manufacturer, packer, distributor, or seller,

residing in the United States, who caused it to cause the

dissemination of such advertisement.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 14, as added Mar. 21, 1938, ch. 49,

Sec. 4, 52 Stat. 114.)

-REFTEXT-

REFERENCES IN TEXT

The Meat Inspection Act, referred to in subsec. (a), is act Mar.

4, 1907, ch. 2907, titles I to IV, as added Dec. 15, 1967, Pub. L.

90-201, 81 Stat. 584, as amended, which is classified to

subchapters I to IV (Sec. 601 et seq.) of chapter 12 of Title 21,

Food and Drugs. For complete classification of this Act to the

Code, see Short Title note set out under section 601 of Title 21

and Tables.

-TRANS-

EFFECTIVE DATE

Section 5(b) of act Mar. 21, 1938, provided: ''Section 14 of the

Federal Trade Commission Act (this section) added to such Act by

section 4 of this Act, shall take effect on the expiration of sixty

days after the date of the enactment of this Act (Mar. 21, 1938).''

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 55 of this title; title 21

section 352.

-CITE-

15 USC Sec. 55 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 55. Additional definitions

-STATUTE-

For the purposes of sections 52 to 54 of this title -

(a) False advertisement

(1) The term ''false advertisement'' means an advertisement,

other than labeling, which is misleading in a material respect; and

in determining whether any advertisement is misleading, there shall

be taken into account (among other things) not only representations

made or suggested by statement, word, design, device, sound, or any

combination thereof, but also the extent to which the advertisement

fails to reveal facts material in the light of such representations

or material with respect to consequences which may result from the

use of the commodity to which the advertisement relates under the

conditions prescribed in said advertisement, or under such

conditions as are customary or usual. No advertisement of a drug

shall be deemed to be false if it is disseminated only to members

of the medical profession, contains no false representation of a

material fact, and includes, or is accompanied in each instance by

truthful disclosure of, the formula showing quantitatively each

ingredient of such drug.

(2) In the case of oleomargarine or margarine an advertisement

shall be deemed misleading in a material respect if in such

advertisement representations are made or suggested by statement,

word, grade designation, design, device, symbol, sound, or any

combination thereof, that such oleomargarine or margarine is a

dairy product, except that nothing contained herein shall prevent a

truthful, accurate, and full statement in any such advertisement of

all the ingredients contained in such oleomargarine or margarine.

(b) Food

The term ''food'' means (1) articles used for food or drink for

man or other animals, (2) chewing gum, and (3) articles used for

components of any such article.

(c) Drug

The term ''drug'' means (1) articles recognized in the official

United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of

the United States, or official National Formulary, or any

supplement to any of them; and (2) articles intended for use in the

diagnosis, cure, mitigation, treatment, or prevention of disease in

man or other animals; and (3) articles (other than food) intended

to affect the structure or any function of the body of man or other

animals; and (4) articles intended for use as a component of any

article specified in clause (1), (2), or (3); but does not include

devices or their components, parts, or accessories.

(d) Device

The term ''device'' (except when used in subsection (a) of this

section) means an instrument, apparatus, implement, machine,

contrivance, implant, in vitro reagent, or other similar or related

article, including any component, part, or accessory, which is -

(1) recognized in the official National Formulary, or the

United States Pharmacopeia, or any supplement to them,

(2) intended for use in the diagnosis of disease or other

conditions, or in the cure, mitigation, treatment, or prevention

of disease, in man or other animals, or

(3) intended to affect the structure or any function of the

body of man or other animals, and

which does not achieve any of its principal intended purposes

through chemical action within or on the body of man or other

animals and which is not dependent upon being metabolized for the

achievement of any of its principal intended purposes.

(e) Cosmetic

The term ''cosmetic'' means (1) articles to be rubbed, poured,

sprinkled, or sprayed on, introduced into, or otherwise applied to

the human body or any part thereof intended for cleansing,

beautifying, promoting attractiveness, or altering the appearance,

and (2) articles intended for use as a component of any such

article; except that such term shall not include soap.

(f) Oleomargarine or margarine

For the purposes of this section and section 347 of title 21, the

term ''oleomargarine'' or ''margarine'' includes -

(1) all substances, mixtures, and compounds known as

oleomargarine or margarine;

(2) all substances, mixtures, and compounds which have a

consistence similar to that of butter and which contain any

edible oils or fats other than milk fat if made in imitation or

semblance of butter.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 15, as added Mar. 21, 1938, ch. 49,

Sec. 4, 52 Stat. 114; amended Mar. 16, 1950, ch. 61, Sec. 4(a),

(b), 64 Stat. 21; Pub. L. 94-295, Sec. 3(a)(1)(B), May 28, 1976, 90

Stat. 575.)

-MISC1-

AMENDMENTS

1976 - Subsec. (d). Pub. L. 94-295 expanded definition of

''device'' to include implements, machines, implants, in vitro

reagents, and other similar or related articles, added recognition

in the National Formulary or the United States Pharmacopeia, or any

supplement to the Formulary or Pharmacopeia, to the enumeration of

conditions under which a device may qualify for inclusion under

this chapter, and inserted requirements that a device be one which

does not achieve any of its principal intended purposes through

chemical action within or on the body of man or other animals and

which is not dependent upon being metabolized for the achievement

of any of its principal intended purposes.

1950 - Subsec. (a). Act Mar. 16, 1950, Sec. 4(a), designated

existing provisions as par. (1) and added par. (2) relating to

oleomargarine.

Subsec. (f). Act Mar. 16, 1950, Sec. 4(b), added subsec. (f).

EFFECTIVE DATE OF 1950 AMENDMENT

Amendment by act Mar. 16, 1950, effective July 1, 1950, see note

set out under section 347 of Title 21, Food and Drugs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 sections 347b, 352.

-CITE-

15 USC Sec. 56 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 56. Commencement, defense, intervention and supervision of

litigation and appeal by Commission or Attorney General

-STATUTE-

(a) Procedure for exercise of authority to litigate or appeal

(1) Except as otherwise provided in paragraph (2) or (3), if -

(A) before commencing, defending, or intervening in, any civil

action involving this subchapter (including an action to collect

a civil penalty) which the Commission, or the Attorney General on

behalf of the Commission, is authorized to commence, defend, or

intervene in, the Commission gives written notification and

undertakes to consult with the Attorney General with respect to

such action; and

(B) the Attorney General fails within 45 days after receipt of

such notification to commence, defend, or intervene in, such

action;

the Commission may commence, defend, or intervene in, and supervise

the litigation or, such action and any appeal of such action in its

own name by any of its attorneys designated by it for such purpose.

(2) Except as otherwise provided in paragraph (3), in any civil

action -

(A) under section 53 of this title (relating to injunctive

relief);

(B) under section 57b of this title (relating to consumer

redress);

(C) to obtain judicial review of a rule prescribed by the

Commission, or a cease and desist order issued under section 45

of this title; or

(D) under the second paragraph of section 49 of this title

(relating to enforcement of a subpena) and under the fourth

paragraph of such section (relating to compliance with section 46

of this title);

the Commission shall have exclusive authority to commence or

defend, and supervise the litigation of, such action and any appeal

of such action in its own name by any of its attorneys designated

by it for such purpose, unless the Commission authorizes the

Attorney General to do so. The Commission shall inform the

Attorney General of the exercise of such authority and such

exercise shall not preclude the Attorney General from intervening

on behalf of the United States in such action and any appeal of

such action as may be otherwise provided by law.

(3)(A) If the Commission makes a written request to the Attorney

General, within the 10-day period which begins on the date of the

entry of the judgment in any civil action in which the Commission

represented itself pursuant to paragraph (1) or (2), to represent

itself through any of its attorneys designated by it for such

purpose before the Supreme Court in such action, it may do so, if -

(i) the Attorney General concurs with such request; or

(ii) the Attorney General, within the 60-day period which

begins on the date of the entry of such judgment -

(a) refuses to appeal or file a petition for writ of

certiorari with respect to such civil action, in which case he

shall give written notification to the Commission of the

reasons for such refusal within such 60-day period; or

(b) the Attorney General fails to take any action with

respect to the Commission's request.

(B) In any case where the Attorney General represents the

Commission before the Supreme Court in any civil action in which

the Commission represented itself pursuant to paragraph (1) or (2),

the Attorney General may not agree to any settlement, compromise,

or dismissal of such action, or confess error in the Supreme Court

with respect to such action, unless the Commission concurs.

(C) For purposes of this paragraph (with respect to

representation before the Supreme Court), the term ''Attorney

General'' includes the Solicitor General.

(4) If, prior to the expiration of the 45-day period specified in

paragraph (1) of this section or a 60-day period specified in

paragraph (3), any right of the Commission to commence, defend, or

intervene in, any such action or appeal may be extinguished due to

any procedural requirement of any court with respect to the time in

which any pleadings, notice of appeal, or other acts pertaining to

such action or appeal may be taken, the Attorney General shall have

one-half of the time required to comply with any such procedural

requirement of the court (including any extension of such time

granted by the court) for the purpose of commencing, defending, or

intervening in the civil action pursuant to paragraph (1) or for

the purpose of refusing to appeal or file a petition for writ of

certiorari and the written notification or failing to take any

action pursuant to paragraph 3(A)(ii).

(5) The provisions of this subsection shall apply notwithstanding

chapter 31 of title 28, or any other provision of law.

(b) Certification by Commission to Attorney General for criminal

proceedings

Whenever the Commission has reason to believe that any person,

partnership, or corporation is liable for a criminal penalty under

this subchapter, the Commission shall certify the facts to the

Attorney General, whose duty it shall be to cause appropriate

criminal proceedings to be brought.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 16, as added Mar. 21, 1938, ch. 49,

Sec. 4, 52 Stat. 114; amended Pub. L. 93-153, title IV, Sec.

408(g), Nov. 16, 1973, 87 Stat. 592; Pub. L. 93-637, title II, Sec.

204(a), Jan. 4, 1975, 88 Stat. 2199.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 93-637 substituted provisions authorizing the

Commission at its election to appear in court by its own name and

designate its attorneys for such purpose, for provisions relating

to the certification of facts by the Commission to the Attorney

General who brought the appropriate proceedings, or, after

compliance with section 45(m) of this title, itself brought the

appropriate proceedings.

1973 - Pub. L. 93-153 inserted provisions authorizing the Federal

Trade Commission to itself cause appropriate proceedings to be

brought after compliance with the requirements of section 45(m) of

this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 204(c) of Pub. L. 93-637 provided that: ''The amendment

and repeal made by this section (amending this section and

repealing section 45(m) of this title) shall not apply to any civil

action commenced before the date of enactment of this Act (Jan. 4,

1975).''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 sections 352, 378; title

28 section 1407.

-CITE-

15 USC Sec. 57 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57. Separability clause

-STATUTE-

If any provision of this subchapter, or the application thereof

to any person, partnership, or corporation, or circumstance, is

held invalid, the remainder of this subchapter, and the application

of such provisions to any other person, partnership, corporation,

or circumstance, shall not be affected thereby.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 17, as added Mar. 21, 1938, ch. 49,

Sec. 4, 52 Stat. 114.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 352.

-CITE-

15 USC Sec. 57a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57a. Unfair or deceptive acts or practices rulemaking

proceedings

-STATUTE-

(a) Authority of Commission to prescribe rules and general

statements of policy

(1) Except as provided in subsection (h) of this section, the

Commission may prescribe -

(A) interpretive rules and general statements of policy with

respect to unfair or deceptive acts or practices in or affecting

commerce (within the meaning of section 45(a)(1) of this title),

and

(B) rules which define with specificity acts or practices which

are unfair or deceptive acts or practices in or affecting

commerce (within the meaning of section 45(a)(1) of this title),

except that the Commission shall not develop or promulgate any

trade rule or regulation with regard to the regulation of the

development and utilization of the standards and certification

activities pursuant to this section. Rules under this

subparagraph may include requirements prescribed for the purpose

of preventing such acts or practices.

(2) The Commission shall have no authority under this subchapter,

other than its authority under this section, to prescribe any rule

with respect to unfair or deceptive acts or practices in or

affecting commerce (within the meaning of section 45(a)(1) of this

title). The preceding sentence shall not affect any authority of

the Commission to prescribe rules (including interpretive rules),

and general statements of policy, with respect to unfair methods of

competition in or affecting commerce.

(b) Procedures applicable

(1) When prescribing a rule under subsection (a)(1)(B) of this

section, the Commission shall proceed in accordance with section

553 of title 5 (without regard to any reference in such section to

sections 556 and 557 of such title), and shall also (A) publish a

notice of proposed rulemaking stating with particularity the text

of the rule, including any alternatives, which the Commission

proposes to promulgate, and the reason for the proposed rule; (B)

allow interested persons to submit written data, views, and

arguments, and make all such submissions publicly available; (C)

provide an opportunity for an informal hearing in accordance with

subsection (c) of this section; and (D) promulgate, if appropriate,

a final rule based on the matter in the rulemaking record (as

defined in subsection (e)(1)(B) of this section), together with a

statement of basis and purpose.

(2)(A) Prior to the publication of any notice of proposed

rulemaking pursuant to paragraph (1)(A), the Commission shall

publish an advance notice of proposed rulemaking in the Federal

Register. Such advance notice shall -

(i) contain a brief description of the area of inquiry under

consideration, the objectives which the Commission seeks to

achieve, and possible regulatory alternatives under consideration

by the Commission; and

(ii) invite the response of interested parties with respect to

such proposed rulemaking, including any suggestions or

alternative methods for achieving such objectives.

(B) The Commission shall submit such advance notice of proposed

rulemaking to the Committee on Commerce, Science, and

Transportation of the Senate and to the Committee on Energy and

Commerce of the House of Representatives. The Commission may use

such additional mechanisms as the Commission considers useful to

obtain suggestions regarding the content of the area of inquiry

before the publication of a general notice of proposed rulemaking

under paragraph (1)(A).

(C) The Commission shall, 30 days before the publication of a

notice of proposed rulemaking pursuant to paragraph (1)(A), submit

such notice to the Committee on Commerce, Science, and

Transportation of the Senate and to the Committee on Energy and

Commerce of the House of Representatives.

(3) The Commission shall issue a notice of proposed rulemaking

pursuant to paragraph (1)(A) only where it has reason to believe

that the unfair or deceptive acts or practices which are the

subject of the proposed rulemaking are prevalent. The Commission

shall make a determination that unfair or deceptive acts or

practices are prevalent under this paragraph only if -

(A) it has issued cease and desist orders regarding such acts

or practices, or

(B) any other information available to the Commission indicates

a widespread pattern of unfair or deceptive acts or practices.

(c) Informal hearing procedure

The Commission shall conduct any informal hearings required by

subsection (b)(1)(C) of this section in accordance with the

following procedure:

(1)(A) The Commission shall provide for the conduct of

proceedings under this subsection by hearing officers who shall

perform their functions in accordance with the requirements of

this subsection.

(B) The officer who presides over the rulemaking proceedings

shall be responsible to a chief presiding officer who shall not

be responsible to any other officer or employee of the

Commission. The officer who presides over the rulemaking

proceeding shall make a recommended decision based upon the

findings and conclusions of such officer as to all relevant and

material evidence, except that such recommended decision may be

made by another officer if the officer who presided over the

proceeding is no longer available to the Commission.

(C) Except as required for the disposition of ex parte matters

as authorized by law, no presiding officer shall consult any

person or party with respect to any fact in issue unless such

officer gives notice and opportunity for all parties to

participate.

(2) Subject to paragraph (3) of this subsection, an interested

person is entitled -

(A) to present his position orally or by documentary

submission (or both), and

(B) if the Commission determines that there are disputed

issues of material fact it is necessary to resolve, to present

such rebuttal submissions and to conduct (or have conducted

under paragraph (3)(B)) such cross-examination of persons as

the Commission determines (i) to be appropriate, and (ii) to be

required for a full and true disclosure with respect to such

issues.

(3) The Commission may prescribe such rules and make such

rulings concerning proceedings in such hearings as may tend to

avoid unnecessary costs or delay. Such rules or rulings may

include (A) imposition of reasonable time limits on each

interested person's oral presentations, and (B) requirements that

any cross-examination to which a person may be entitled under

paragraph (2) be conducted by the Commission on behalf of that

person in such manner as the Commission determines (i) to be

appropriate, and (ii) to be required for a full and true

disclosure with respect to disputed issues of material fact.

(4)(A) Except as provided in subparagraph (B), if a group of

persons each of whom under paragraphs (2) and (3) would be

entitled to conduct (or have conducted) cross-examination and who

are determined by the Commission to have the same or similar

interests in the proceeding cannot agree upon a single

representative of such interests for purposes of

cross-examination, the Commission may make rules and rulings (i)

limiting the representation of such interest, for such purposes,

and (ii) governing the manner in which such cross-examination

shall be limited.

(B) When any person who is a member of a group with respect to

which the Commission has made a determination under subparagraph

(A) is unable to agree upon group representation with the other

members of the group, then such person shall not be denied under

the authority of subparagraph (A) the opportunity to conduct (or

have conducted) cross-examination as to issues affecting his

particular interests if (i) he satisfies the Commission that he

has made a reasonable and good faith effort to reach agreement

upon group representation with the other members of the group and

(ii) the Commission determines that there are substantial and

relevant issues which are not adequately presented by the group

representative.

(5) A verbatim transcript shall be taken of any oral

presentation, and cross-examination, in an informal hearing to

which this subsection applies. Such transcript shall be

available to the public.

(d) Statement of basis and purpose accompanying rule;

''Commission'' defined; judicial review of amendment or repeal

of rule; violation of rule

(1) The Commission's statement of basis and purpose to accompany

a rule promulgated under subsection (a)(1)(B) of this section shall

include (A) a statement as to the prevalence of the acts or

practices treated by the rule; (B) a statement as to the manner and

context in which such acts or practices are unfair or deceptive;

and (C) a statement as to the economic effect of the rule, taking

into account the effect on small business and consumers.

(2)(A) The term ''Commission'' as used in this subsection and

subsections (b) and (c) of this section includes any person

authorized to act in behalf of the Commission in any part of the

rulemaking proceeding.

(B) A substantive amendment to, or repeal of, a rule promulgated

under subsection (a)(1)(B) of this section shall be prescribed, and

subject to judicial review, in the same manner as a rule prescribed

under such subsection. An exemption under subsection (g) of this

section shall not be treated as an amendment or repeal of a rule.

(3) When any rule under subsection (a)(1)(B) of this section

takes effect a subsequent violation thereof shall constitute an

unfair or deceptive act or practice in violation of section

45(a)(1) of this title, unless the Commission otherwise expressly

provides in such rule.

(e) Judicial review; petition; jurisdiction and venue; rulemaking

record; additional submissions and presentations; scope of

review and relief; review by Supreme Court; additional remedies

(1)(A) Not later than 60 days after a rule is promulgated under

subsection (a)(1)(B) of this section by the Commission, any

interested person (including a consumer or consumer organization)

may file a petition, in the United States Court of Appeals for the

District of Columbia circuit or for the circuit in which such

person resides or has his principal place of business, for judicial

review of such rule. Copies of the petition shall be forthwith

transmitted by the clerk of the court to the Commission or other

officer designated by it for that purpose. The provisions of

section 2112 of title 28 shall apply to the filing of the

rulemaking record of proceedings on which the Commission based its

rule and to the transfer of proceedings in the courts of appeals.

(B) For purposes of this section, the term ''rulemaking record''

means the rule, its statement of basis and purpose, the transcript

required by subsection (c)(5) of this section, any written

submissions, and any other information which the Commission

considers relevant to such rule.

(2) If the petitioner or the Commission applies to the court for

leave to make additional oral submissions or written presentations

and shows to the satisfaction of the court that such submissions

and presentations would be material and that there were reasonable

grounds for the submissions and failure to make such submissions

and presentations in the proceeding before the Commission, the

court may order the Commission to provide additional opportunity to

make such submissions and presentations. The Commission may modify

or set aside its rule or make a new rule by reason of the

additional submissions and presentations and shall file such

modified or new rule, and the rule's statement of basis of purpose,

with the return of such submissions and presentations. The court

shall thereafter review such new or modified rule.

(3) Upon the filing of the petition under paragraph (1) of this

subsection, the court shall have jurisdiction to review the rule in

accordance with chapter 7 of title 5 and to grant appropriate

relief, including interim relief, as provided in such chapter. The

court shall hold unlawful and set aside the rule on any ground

specified in subparagraphs (A), (B), (C), or (D) of section 706(2)

of title 5 (taking due account of the rule of prejudicial error),

or if -

(A) the court finds that the Commission's action is not

supported by substantial evidence in the rulemaking record (as

defined in paragraph (1)(B) of this subsection) taken as a whole,

or

(B) the court finds that -

(i) a Commission determination under subsection (c) of this

section that the petitioner is not entitled to conduct

cross-examination or make rebuttal submissions, or

(ii) a Commission rule or ruling under subsection (c) of this

section limiting the petitioner's cross-examination or rebuttal

submissions,

has precluded disclosure of disputed material facts which was

necessary for fair determination by the Commission of the

rulemaking proceeding taken as a whole.

The term ''evidence'', as used in this paragraph, means any matter

in the rulemaking record.

(4) The judgment of the court affirming or setting aside, in

whole or in part, any such rule shall be final, subject to review

by the Supreme Court of the United States upon certiorari or

certification, as provided in section 1254 of title 28.

(5)(A) Remedies under the preceding paragraphs of this subsection

are in addition to and not in lieu of any other remedies provided

by law.

(B) The United States Courts of Appeal shall have exclusive

jurisdiction of any action to obtain judicial review (other than in

an enforcement proceeding) of a rule prescribed under subsection

(a)(1)(B) of this section, if any district court of the United

States would have had jurisdiction of such action but for this

subparagraph. Any such action shall be brought in the United

States Court of Appeals for the District of Columbia circuit, or

for any circuit which includes a judicial district in which the

action could have been brought but for this subparagraph.

(C) A determination, rule, or ruling of the Commission described

in paragraph (3)(B)(i) or (ii) may be reviewed only in a proceeding

under this subsection and only in accordance with paragraph (3)(B).

Section 706(2)(E) of title 5 shall not apply to any rule

promulgated under subsection (a)(1)(B) of this section. The

contents and adequacy of any statement required by subsection

(b)(1)(D) of this section shall not be subject to judicial review

in any respect.

(f) Unfair or deceptive acts or practices by banks, savings and

loan institutions, or Federal credit unions; promulgation of

regulations by Board of Governors of Federal Reserve System,

Federal Home Loan Bank Board, and National Credit Union

Administration Board; agency enforcement and compliance

proceedings; violations; power of other Federal agencies

unaffected; reporting requirements

(1) In order to prevent unfair or deceptive acts or practices in

or affecting commerce (including acts or practices which are unfair

or deceptive to consumers) by banks or savings and loan

institutions described in paragraph (3), each agency specified in

paragraph (2) or (3) of this subsection shall establish a separate

division of consumer affairs which shall receive and take

appropriate action upon complaints with respect to such acts or

practices by banks or savings and loan institutions described in

paragraph (3) subject to its jurisdiction. The Board of Governors

of the Federal Reserve System (with respect to banks) and the

Federal Home Loan Bank Board (with respect to savings and loan

institutions described in paragraph (3)) and the National Credit

Union Administration Board (with respect to Federal credit unions

described in paragraph (4)) shall prescribe regulations to carry

out the purposes of this section, including regulations defining

with specificity such unfair or deceptive acts or practices, and

containing requirements prescribed for the purpose of preventing

such acts or practices. Whenever the Commission prescribes a rule

under subsection (a)(1)(B) of this section, then within 60 days

after such rule takes effect each such Board shall promulgate

substantially similar regulations prohibiting acts or practices of

banks or savings and loan institutions described in paragraph (3),

or Federal credit unions described in paragraph (4), as the case

may be, which are substantially similar to those prohibited by

rules of the Commission and which impose substantially similar

requirements, unless (A) any such Board finds that such acts or

practices of banks or savings and loan institutions described in

paragraph (3), or Federal credit unions described in paragraph (4),

as the case may be, are not unfair or deceptive, or (B) the Board

of Governors of the Federal Reserve System finds that

implementation of similar regulations with respect to banks,

savings and loan institutions or Federal credit unions would

seriously conflict with essential monetary and payments systems

policies of such Board, and publishes any such finding, and the

reasons therefor, in the Federal Register.

(2) Enforcement. - Compliance with regulations prescribed under

this subsection shall be enforced under section 1818 of title 12,

in the case of -

(A) national banks, banks operating under the code of law for

the District of Columbia, and Federal branches and Federal

agencies of foreign banks, by the division of consumer affairs

established by the Office of the Comptroller of the Currency;

(B) member banks of the Federal Reserve System (other than

national banks and banks operating under the code of law for the

District of Columbia), branches and agencies of foreign banks

(other than Federal branches, Federal agencies, and insured State

branches of foreign banks), commercial lending companies owned or

controlled by foreign banks, and organizations operating under

section 25 or 25(a) (FOOTNOTE 1) of the Federal Reserve Act (12

U.S.C. 601 et seq., 611 et seq.), by the division of consumer

affairs established by the Board of Governors of the Federal

Reserve System; and

(FOOTNOTE 1) See References in Text note below.

(C) banks insured by the Federal Deposit Insurance Corporation

(other (FOOTNOTE 2) banks referred to in subparagraph (A) or (B))

and insured State branches of foreign banks, by the division of

consumer affairs established by the Board of Directors of the

Federal Deposit Insurance Corporation.

(FOOTNOTE 2) So in original. Probably should be ''(other

than''.

(3) Compliance with regulations prescribed under this subsection

shall be enforced under section 1818 of title 12 with respect to

savings associations as defined in section 1813 of title 12.

(4) Compliance with regulations prescribed under this subsection

shall be enforced with respect to Federal credit unions under

sections 1766 and 1786 of title 12.

(5) For the purpose of the exercise by any agency referred to in

paragraph (2) of its powers under any Act referred to in that

paragraph, a violation of any regulation prescribed under this

subsection shall be deemed to be a violation of a requirement

imposed under that Act. In addition to its powers under any

provision of law specifically referred to in paragraph (2), each of

the agencies referred to in that paragraph may exercise, for the

purpose of enforcing compliance with any regulation prescribed

under this subsection, any other authority conferred on it by law.

(6) The authority of the Board of Governors of the Federal

Reserve System to issue regulations under this subsection does not

impair the authority of any other agency designated in this

subsection to make rules respecting its own procedures in enforcing

compliance with regulations prescribed under this subsection.

(7) Each agency exercising authority under this subsection shall

transmit to the Congress each year a detailed report on its

activities under this paragraph during the preceding calendar year.

The terms used in this paragraph that are not defined in this

subchapter or otherwise defined in section 1813(s) of title 12

shall have the meaning given to them in section 3101 of title 12.

(g) Exemptions and stays from application of rules; procedures

(1) Any person to whom a rule under subsection (a)(1)(B) of this

section applies may petition the Commission for an exemption from

such rule.

(2) If, on its own motion or on the basis of a petition under

paragraph (1), the Commission finds that the application of a rule

prescribed under subsection (a)(1)(B) of this section to any person

or class or (FOOTNOTE 3) persons is not necessary to prevent the

unfair or deceptive act or practice to which the rule relates, the

Commission may exempt such person or class from all or part of such

rule. Section 553 of title 5 shall apply to action under this

paragraph.

(FOOTNOTE 3) So in original. Probably should be ''of''.

(3) Neither the pendency of a proceeding under this subsection

respecting an exemption from a rule, nor the pendency of judicial

proceedings to review the Commission's action or failure to act

under this subsection, shall stay the applicability of such rule

under subsection (a)(1)(B) of this section.

(h) Restriction on rulemaking authority of Commission respecting

children's advertising proceedings pending on May 28, 1980

The Commission shall not have any authority to promulgate any

rule in the children's advertising proceeding pending on May 28,

1980, or in any substantially similar proceeding on the basis of a

determination by the Commission that such advertising constitutes

an unfair act or practice in or affecting commerce.

(i) Meetings with outside parties

(1) For purposes of this subsection, the term ''outside party''

means any person other than (A) a Commissioner; (B) an officer or

employee of the Commission; or (C) any person who has entered into

a contract or any other agreement or arrangement with the

Commission to provide any goods or services (including consulting

services) to the Commission.

(2) Not later than 60 days after May 28, 1980, the Commission

shall publish a proposed rule, and not later than 180 days after

May 28, 1980, the Commission shall promulgate a final rule, which

shall authorize the Commission or any Commissioner to meet with any

outside party concerning any rulemaking proceeding of the

Commission. Such rule shall provide that -

(A) notice of any such meeting shall be included in any weekly

calendar prepared by the Commission; and

(B) a verbatim record or a summary of any such meeting, or of

any communication relating to any such meeting, shall be kept,

made available to the public, and included in the rulemaking

record.

(j) Communications by investigative personnel with staff of

Commission concerning matters outside rulemaking record

prohibited

Not later than 60 days after May 28, 1980, the Commission shall

publish a proposed rule, and not later than 180 days after May 28,

1980, the Commission shall promulgate a final rule, which shall

prohibit any officer, employee, or agent of the Commission with any

investigative responsibility or other responsibility relating to

any rulemaking proceeding within any operating bureau of the

Commission, from communicating or causing to be communicated to any

Commissioner or to the personal staff of any Commissioner any fact

which is relevant to the merits of such proceeding and which is not

on the rulemaking record of such proceeding, unless such

communication is made available to the public and is included in

the rulemaking record. The provisions of this subsection shall not

apply to any communication to the extent such communication is

required for the disposition of ex parte matters as authorized by

law.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 18, as added Pub. L. 93-637, title

II, Sec. 202(a), Jan. 4, 1975, 88 Stat. 2193; amended Pub. L.

96-37, Sec. 1(c), July 23, 1979, 93 Stat. 95; Pub. L. 96-221, title

VI, Sec. 610(b), Mar. 31, 1980, 94 Stat. 174; Pub. L. 96-252, Sec.

7-11(a), 12, May 28, 1980, 94 Stat. 376-379; Pub. L. 100-86, title

VII, Sec. 715(c), Aug. 10, 1987, 101 Stat. 655; Pub. L. 101-73,

title VII, Sec. 744(t), Aug. 9, 1989, 103 Stat. 441; Pub. L.

102-242, title II, Sec. 212(g)(2), Dec. 19, 1991, 105 Stat. 2302;

Pub. L. 102-550, title XVI, Sec. 1604(a)(9), Oct. 28, 1992, 106

Stat. 4082; Pub. L. 103-312, Sec. 3, 5, Aug. 26, 1994, 108 Stat.

1691, 1692; Pub. L. 103-437, Sec. 5(a), Nov. 2, 1994, 108 Stat.

4582.)

-REFTEXT-

REFERENCES IN TEXT

Section 25(a) of the Federal Reserve Act, referred to in subsec.

(f)(2)(B), which is classified to subchapter II (Sec. 611 et seq.)

of chapter 6 of Title 12, Banks and Banking, was renumbered section

25A of that act by Pub. L. 102-242, title I, Sec. 142(e)(2), Dec.

19, 1991, 105 Stat. 2281. Section 25 of the Federal Reserve Act is

classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title

12.

-MISC2-

PRIOR PROVISIONS

A prior section 18 of act Sept. 26, 1914, ch. 311, was renumbered

section 25 and is classified to section 58 of this title.

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-312, Sec. 3(b), substituted

''subsection (h)'' for ''subsection (i)'' in introductory

provisions.

Subsec. (b)(2)(B), (C). Pub. L. 103-437 substituted ''Committee

on Energy and Commerce'' for ''Committee on Interstate and Foreign

Commerce''.

Subsec. (b)(3). Pub. L. 103-312, Sec. 5, added par. (3).

Subsecs. (h) to (k). Pub. L. 103-312, Sec. 3(a), redesignated

subsecs. (i) to (k) as (h) to (j), respectively, and struck out

former subsec. (h) which provided for compensation for attorney

fees, expert witness fees, etc., incurred in rulemaking

proceedings, limitation on amount, and establishment of small

business outreach program.

1992 - Subsec. (f)(2)(A). Pub. L. 102-550 substituted

''division'' for ''divisions''.

1991 - Subsec. (f). Pub. L. 102-242, Sec. 212(g)(2)(B), inserted

at end ''The terms used in this paragraph that are not defined in

this subchapter or otherwise defined in section 1813(s) of title 12

shall have the meaning given to them in section 3101 of title 12.''

Subsec. (f)(2). Pub. L. 102-242, Sec. 212(g)(2)(A), added par.

(2) and struck out former par. (2) which read as follows:

''Compliance with regulations prescribed under this subsection

shall be enforced under section 1818 of title 12, in the case of -

''(A) national banks and banks operating under the code of law

for the District of Columbia, by the division of consumer affairs

established by the Comptroller of the Currency;

''(B) member banks of the Federal Reserve System (other than

banks referred to in subparagraph (A)) by the division of

consumer affairs established by the Board of Governors of the

Federal Reserve System; and

''(C) banks insured by the Federal Deposit Insurance

Corporation (other than banks referred to in subparagraph (A) or

(B)), by the division of consumer affairs established by the

Board of Directors of the Federal Deposit Insurance

Corporation.''

1989 - Subsec. (f)(3). Pub. L. 101-73 amended par. (3)

generally. Prior to amendment, par. (3) read as follows:

''Compliance with regulations prescribed under this subsection

shall be enforced under section 5 of the Home Owners' Loan Act of

1933 (12 U.S.C. 1464) with respect to Federal savings and loan

associations, section 407 of the National Housing Act (12 U.S.C.

1730) with respect to insured institutions, and sections 6(i) and

17 of the Federal Home Loan Bank Act (12 U.S.C. 1426(i), 1437) with

respect to savings and loan institutions which are members of a

Federal Home Loan Bank, by a division of consumer affairs to be

established by the Federal Home Loan Bank Board pursuant to the

Federal Home Loan Bank Act.''

1987 - Subsec. (f)(1). Pub. L. 100-86, Sec. 715(c)(1), (2), in

second sentence inserted ''and the National Credit Union

Administration Board (with respect to Federal credit unions

described in paragraph (4))'' and in last sentence inserted ''or

Federal credit unions described in paragraph (4),'' in two places,

substituted ''any such'' for ''either such'', and inserted '',

savings and loan institutions or Federal credit unions''.

Subsec. (f)(4) to (7). Pub. L. 100-86, Sec. 715(c)(3), added par.

(4) and redesignated former pars. (4) to (6) as (5) to (7),

respectively.

1980 - Subsec. (a)(1). Pub. L. 96-252, Sec. 7, 11(a)(2), in

provisions preceding subpar. (A) substituted ''Except as provided

in subsection (i) of this section, the'' for ''The'' and in subpar.

(B) inserted '', except that the Commission shall not develop or

promulgate any trade rule or regulation with regard to the

regulation of the development and utilization of the standards and

certification activities pursuant to this section'' after ''section

45(a)(1) of this title)''.

Subsec. (b). Pub. L. 96-252, Sec. 8(a), 11(a)(3), designated

existing provisions as par. (1) and cls. (1) to (4) thereof as

subpars. (A) to (D) and, subpar. (A) thereof, inserted ''the text

of the rule, including any alternatives, which the Commission

proposes to promulgate, and'' after ''particularity'', and added

par. (2).

Subsec. (c). Pub. L. 96-252, Sec. 8(b)(1), in provisions

preceding par. (1) substituted ''subsection (b)(1)(C)'' for

''subsection (b)(3)''.

Subsec. (c)(1). Pub. L. 96-252, Sec. 9(a)(2), added par. (1).

Former par. (1) redesignated (2).

Subsec. (c)(2). Pub. L. 96-252, Sec. 9(a)(1), (b)(1),

redesignated former par. (1) as (2), substituted ''paragraph (3)''

for ''paragraph (2)'' and ''paragraph (3)(B)'' for ''paragraph

(2)(B)''. Former par. (2) redesignated (3).

Subsec. (c)(3). Pub. L. 96-252, Sec. 9(a)(1), (b)(2),

redesignated former par. (2) as (3) and substituted ''paragraph

(2)'' for ''paragraph (1)''. Former par. (3) redesignated (4).

Subsec. (c)(4), (5). Pub. L. 96-252, Sec. 9(a)(1), (b)(3),

redesignated former par. (3) as (4) and substituted in subpar. (A)

''paragraph (2) and (3)'' for ''paragraphs (1) and (2)''. Former

par. (4) redesignated (5).

Subsec. (e). Pub. L. 96-252, Sec. 8(b)(2), 9(c), substituted in

par. (1)(B) ''subsection (c)(5)'' for ''subsection (c)(4)'' and in

par. (5)(C) ''subsection (b)(1)(D)'' for ''subsection (b)(4)''.

Subsec. (f)(6). Pub. L. 96-221 struck out requirement that the

report be made not later than every March 15.

Subsec. (h)(2). Pub. L. 96-252, Sec. 10(b), substituted

provisions reserving an amount equal to 25 percent of the amount

appropriated for the payment of compensation under this subsection

to be available solely for the payment of compensation to persons

who either would be regulated by a proposed rule or represent

persons who would be so regulated for provisions restricting the

aggregate amount of compensation paid under this subsection in any

fiscal year to all persons, who in rulemaking proceedings in which

they receive compensation, are persons who would be regulated by

the proposed rule or represent persons who would be so regulated,

to an amount not in excess of 25 percent of the aggregate amount

paid as compensation under this subsection.

Subsec. (h)(3). Pub. L. 96-252, Sec. 10(a), (e), temporarily

added par. (3) and redesignated former par. (3) as (4). See

Effective and Termination Dates of 1980 Amendments note below.

Subsec. (h)(4). Pub. L. 96-252, Sec. 10(a), (c), (e), temporarily

redesignated former par. (3) as (4) and substituted ''$750,000''

for ''$1,000,000''. See Effective and Termination Dates of 1980

Amendments note below.

Subsec. (h)(5). Pub. L. 96-252, Sec. 10(d), (e), added par. (5)

to be redesignated (4) effective Sept. 30, 1983. See Effective and

Termination Dates of 1980 Amendments note below.

Subsec. (i). Pub. L. 96-252, Sec. 11(a)(1), added subsec. (i).

Subsecs. (j), (k). Pub. L. 96-252, Sec. 12, added subsecs. (j)

and (k).

1979 - Subsec. (f)(1). Pub. L. 96-37, Sec. 1(c)(1), inserted

provisions relating to savings and loan institutions and to

regulations with respect to savings and loan institutions

promulgated by Federal Home Loan Bank Board.

Subsec. (f)(3) to (6). Pub. L. 96-37, Sec. 1(c)(2), added par.

(3) and redesignated former pars. (3) to (5) as (4) to (6),

respectively.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 5 of Pub. L. 103-312 applicable only to

rulemaking proceedings initiated after Aug. 26, 1994, and not to be

construed to affect in any manner a rulemaking proceeding initiated

before such date, see section 15(b) of Pub. L. 103-312, set out as

a note under section 45 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-550 effective as if included in the

Federal Deposit Insurance Corporation Improvement Act of 1991, Pub.

L. 102-242, as of Dec. 19, 1991, see section 1609(a) of Pub. L.

102-550, set out as a note under section 191 of this title.

EFFECTIVE AND TERMINATION DATES OF 1980 AMENDMENTS

Section 10(e) of Pub. L. 96-252 provided that: ''The amendments

made in subsection (a) and subsection (c) (amending this section)

are repealed, effective at the end of fiscal year 1982. Effective

upon such repeal, paragraph (5) of section 18(h) of the Federal

Trade Commission Act (subsec. (h)(5) of this section), as added by

subsection (d), is redesignated as paragraph (4) of section 18(h)

of such Act.''

Pub. L. 97-377, title I, Sec. 101(d), Dec. 21, 1982, 96 Stat.

1866, 1870, provided in part that: ''Notwithstanding any other

provision of law, the provisions of sections 10 (amending this

section and enacting provision set out as first paragraph of this

note), 11(b) (set out as a note below), 18 (set out as a note under

section 57c of this title), 20 (set out as a note under section 57c

of this title) and 21 (enacting section 57a-1 of this title and

enacting a provision set out as a note under section 57a-1 of this

title), of the Federal Trade Commission Improvements Act of 1980

(Public Law 96-252; 94 Stat. 374) are hereby extended until the

termination date set forth in section 102(c) of H.J. Res. 631

(Sept. 30, 1983) as enacted into law (Pub. L. 97-377),

notwithstanding subsections 10(e) (see paragraph above) and 21(i)

(set out as a note under section 57a-1 of this title) of the

Federal Trade Commission Improvements Act of 1980 (Public Law

96-252; 94 Stat. 374).''

Section 11(c) of Pub. L. 96-252 provided that: ''The amendments

made in subsection (a) (amending this section) shall take effect on

the date of the enactment of this Act (May 28, 1980). The

children's advertising proceeding pending on the date of the

enactment of this Act shall not proceed further until such time as

the Commission has complied with section 18(b)(1)(A) of the Federal

Trade Commission Act (subsec. (b)(1)(A) of this section), as

amended by subsection (a)(3) and as so redesignated in section

8(a). In any such further proceeding, interested parties shall be

given a reasonable opportunity to present their views in accordance

with section 18(b)(1)(B) of the Federal Trade Commission Act, as so

redesignated in section 8(a) (subsec. (b)(1)(B) of this section),

section 18(b)(1)(C) of such Act, as so redesignated in section 8(a)

(subsec. (b)(1)(C) of this section), and section 18(c) of such Act

(15 U.S.C. 57a(c)).''

Amendment by Pub. L. 96-252 effective May 28, 1980, see section

23 of Pub. L. 96-252, set out as an Effective Date of 1980

Amendment note under section 45 of this title.

Amendment by Pub. L. 96-221 effective on expiration of two years

and six months after Mar. 31, 1980, with all regulations, forms and

clauses required to be prescribed to be promulgated at least one

year prior to such effective date, and allowing any creditor to

comply with any amendments, in accordance with the regulations,

forms, and clauses prescribed by the Board prior to such effective

date, see section 625 of Pub. L. 96-221, set out as an Effective

Date of 1980 Amendment note under section 1602 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Home Loan Bank Board abolished and functions transferred,

see sections 401 to 406 of Pub. L. 101-73, set out as a note under

section 1437 of Title 12, Banks and Banking.

-MISC5-

RESTRICTION ON USE OF FUNDS FOR PURPOSE OF INITIATING NEW

RULEMAKING PROCEEDING

Section 11(b) of Pub. L. 96-252 prohibited the Federal Trade

Commission from using any funds authorized to be appropriated to

carry out this subchapter for fiscal year 1980, 1981, or 1982 (or

1983 as extended by Pub. L. 97-377, title I Sec. 101(d), Dec. 21,

1982, 96 Stat. 1870), under section 57c of this title, for the

purpose of initiating any new rulemaking proceeding under this

section which was intended to result in, or which might result in,

the promulgation of any rule by the Commission which prohibited or

otherwise regulated any commercial advertising on the basis of a

determination by the Commission that such commercial advertising

constituted an unfair act or practice in or affecting commerce.

RESTRICTION ON USE OF FUNDS RESPECTING REGULATION OF FUNERAL

INDUSTRY; EXCEPTION

Section 19 of Pub. L. 96-252 prohibited the Federal Trade

Commission from using any funds authorized to be appropriated to

carry out this subchapter for fiscal year 1980, 1981, or 1982,

under section 57c of this title to issue the proposed trade

regulation rule which was published in the Federal Register of Aug.

29, 1975, beginning at page 39901, and which relates to the

regulation of funeral industry practices, in final form or a

substantially similar proposed or final trade regulation rule

unless the final rule met specific requirements and the Commission

followed specific procedures.

OVERSIGHT HEARINGS WITH RESPECT TO FEDERAL TRADE COMMISSION

Section 22 of Pub. L. 96-252 required the Consumer Subcommittee

of the Committee on Commerce, Science, and Transportation of the

Senate to conduct an oversight hearing with respect to the Federal

Trade Commission at least once during the first 6 calendar months,

and at least once during the last 6 calendar months, of each of the

fiscal years 1980, 1981, and 1982.

APPLICABILITY OF UNFAIR OR DECEPTIVE ACTS OR PRACTICES RULEMAKING

PROCEDURES TO RULES CLASSIFYING CORPORATIONS PROMULGATED PRIOR TO

JANUARY 4, 1975

Section 202(c) of Pub. L. 93-637 provided that:

''(1) The amendments made by subsections (a) and (b) of this

section (enacting this section and amending section 46 of this

title) shall not affect the validity of any rule which was

promulgated under section 6(g) of the Federal Trade Commission Act

(section 46(g) of this title) prior to the date of enactment of

this section (Jan. 4, 1975). Any proposed rule under section 6(g)

of such Act with respect to which presentation of data, views, and

arguments was substantially completed before such date may be

promulgated in the same manner and with the same validity as such

rule could have been promulgated had this section not been enacted.

''(2) If a rule described in paragraph (1) of this subsection is

valid and if section 18 of the Federal Trade Commission Act (this

section) would have applied to such rule had such rule been

promulgated after the date of enactment of this Act, any

substantive change in the rule after it has been promulgated shall

be made in accordance with such section 18.''

STUDY, EVALUATION, AND REPORT BY FEDERAL TRADE COMMISSION AND

ADMINISTRATIVE CONFERENCE OF UNITED STATES ON UNFAIR OR DECEPTIVE

ACTS OR PRACTICES; RULEMAKING PROCEDURES

Section 202(d) of Pub. L. 93-637, as amended by Pub. L. 94-299,

Sec. 2, May 29, 1976, 90 Stat. 588; Pub. L. 95-558, Nov. 1, 1978,

92 Stat. 2130, required the Federal Trade Commission and the

Administrative Conference of the United States, not later than June

30, 1979, to conduct a study and submit a report to Congress on the

rulemaking procedures under section 57a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44, 45, 45a, 46, 57b-3,

2309, 2823, 5711, 5721, 6102, 6502 of this title; title 12 sections

14, 247, 1827; title 49 section 32908.

-CITE-

15 USC Sec. 57a-1 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57a-1. Omitted

-COD-

CODIFICATION

Section, Pub. L. 96-252, Sec. 21(a)-(h), May 28, 1980, 94 Stat.

393; H. Res. 549, Mar. 25, 1980; Pub. L. 98-620, title IV, Sec.

402(13), Nov. 8, 1984, 98 Stat. 3358, provided procedures for

review by Congress of final rules promulgated by the Federal Trade

Commission.

-MISC3-

EFFECTIVE DATE; TERMINATION DATE

Section 21(i) of Pub. L. 96-252 provided that: ''The provisions

of this section shall take effect on the date of the enactment of

this Act (May 28, 1980) and shall cease to have any force or effect

after September 30, 1982.''

Pub. L. 97-377, title I, Sec. 101(d), Dec. 21, 1982, 96 Stat.

1870, provided in part that notwithstanding any other provision of

law, the provisions of section 21 of the Federal Trade Commission

Improvements Act of 1980 (Pub. L. 96-252), which enacted this

section and enacted provisions set out as a note under this

section, were extended until Sept. 30, 1983, notwithstanding

section 21(i) of such Act.

-CITE-

15 USC Sec. 57b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57b. Civil actions for violations of rules and cease and

desist orders respecting unfair or deceptive acts or practices

-STATUTE-

(a) Suits by Commission against persons, partnerships, or

corporations; jurisdiction; relief for dishonest or fraudulent

acts

(1) If any person, partnership, or corporation violates any rule

under this subchapter respecting unfair or deceptive acts or

practices (other than an interpretive rule, or a rule violation of

which the Commission has provided is not an unfair or deceptive act

or practice in violation of section 45(a) of this title), then the

Commission may commence a civil action against such person,

partnership, or corporation for relief under subsection (b) of this

section in a United States district court or in any court of

competent jurisdiction of a State.

(2) If any person, partnership, or corporation engages in any

unfair or deceptive act or practice (within the meaning of section

45(a)(1) of this title) with respect to which the Commission has

issued a final cease and desist order which is applicable to such

person, partnership, or corporation, then the Commission may

commence a civil action against such person, partnership, or

corporation in a United States district court or in any court of

competent jurisdiction of a State. If the Commission satisfies the

court that the act or practice to which the cease and desist order

relates is one which a reasonable man would have known under the

circumstances was dishonest or fraudulent, the court may grant

relief under subsection (b) of this section.

(b) Nature of relief available

The court in an action under subsection (a) of this section shall

have jurisdiction to grant such relief as the court finds necessary

to redress injury to consumers or other persons, partnerships, and

corporations resulting from the rule violation or the unfair or

deceptive act or practice, as the case may be. Such relief may

include, but shall not be limited to, rescission or reformation of

contracts, the refund of money or return of property, the payment

of damages, and public notification respecting the rule violation

or the unfair or deceptive act or practice, as the case may be;

except that nothing in this subsection is intended to authorize the

imposition of any exemplary or punitive damages.

(c) Conclusiveness of findings of Commission in cease and desist

proceedings; notice of judicial proceedings to injured persons,

etc.

(1) If (A) a cease and desist order issued under section 45(b) of

this title has become final under section 45(g) of this title with

respect to any person's, partnership's, or corporation's rule

violation or unfair or deceptive act or practice, and (B) an action

under this section is brought with respect to such person's,

partnership's, or corporation's rule violation or act or practice,

then the findings of the Commission as to the material facts in the

proceeding under section 45(b) of this title with respect to such

person's, partnership's, or corporation's rule violation or act or

practice, shall be conclusive unless (i) the terms of such cease

and desist order expressly provide that the Commission's findings

shall not be conclusive, or (ii) the order became final by reason

of section 45(g)(1) of this title, in which case such finding shall

be conclusive if supported by evidence.

(2) The court shall cause notice of an action under this section

to be given in a manner which is reasonably calculated, under all

of the circumstances, to apprise the persons, partnerships, and

corporations allegedly injured by the defendant's rule violation or

act or practice of the pendency of such action. Such notice may,

in the discretion of the court, be given by publication.

(d) Time for bringing of actions

No action may be brought by the Commission under this section

more than 3 years after the rule violation to which an action under

subsection (a)(1) of this section relates, or the unfair or

deceptive act or practice to which an action under subsection

(a)(2) of this section relates; except that if a cease and desist

order with respect to any person's, partnership's, or corporation's

rule violation or unfair or deceptive act or practice has become

final and such order was issued in a proceeding under section 45(b)

of this title which was commenced not later than 3 years after the

rule violation or act or practice occurred, a civil action may be

commenced under this section against such person, partnership, or

corporation at any time before the expiration of one year after

such order becomes final.

(e) Availability of additional Federal or State remedies; other

authority of Commission unaffected

Remedies provided in this section are in addition to, and not in

lieu of, any other remedy or right of action provided by State or

Federal law. Nothing in this section shall be construed to affect

any authority of the Commission under any other provision of law.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 19, as added Pub. L. 93-637, title

II, Sec. 206(a), Jan. 4, 1975, 88 Stat. 2201.)

-MISC1-

EFFECTIVE DATE

Section 206(b) of Pub. L. 93-637 provided that: ''The amendment

made by subsection (a) of this section (enacting this section)

shall not apply to -

''(1) any violation of a rule to the extent that such violation

occurred before the date of enactment of this Act (Jan. 4, 1975),

or

''(2) any act or practice with respect to which the Commission

issues a cease-and-desist order, to the extent that such act or

practice occurred before the date of enactment of this Act (Jan.

4, 1975), unless such order was issued after such date and the

person, partnership or corporation against whom such an order was

issued had been notified in the complaint, or in the notice or

order attached thereto, that consumer redress may be sought.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 45, 56 of this title;

title 21 section 378.

-CITE-

15 USC Sec. 57b-1 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57b-1. Civil investigative demands

-STATUTE-

(a) Definitions

For purposes of this section:

(1) The terms ''civil investigative demand'' and ''demand''

mean any demand issued by the commission under subsection (c)(1)

of this section.

(2) The term ''Commission investigation'' means any inquiry

conducted by a Commission investigator for the purpose of

ascertaining whether any person is or has been engaged in any

unfair or deceptive acts or practices in or affecting commerce

(within the meaning of section 45(a)(1) of this title) or in any

antitrust violations.

(3) The term ''Commission investigator'' means any attorney or

investigator employed by the Commission who is charged with the

duty of enforcing or carrying into effect any provisions relating

to unfair or deceptive acts or practices in or affecting commerce

(within the meaning of section 45(a)(1) of this title) or any

provisions relating to antitrust violations.

(4) The term ''custodian'' means the custodian or any deputy

custodian designated under section 57b-2(b)(2)(A) of this title.

(5) The term ''documentary material'' includes the original or

any copy of any book, record, report, memorandum, paper,

communication, tabulation, chart, or other document.

(6) The term ''person'' means any natural person, partnership,

corporation, association, or other legal entity, including any

person acting under color or authority of State law.

(7) The term ''violation'' means any act or omission

constituting an unfair or deceptive act or practice in or

affecting commerce (within the meaning of section 45(a)(1) of

this title) or any antitrust violation.

(8) The term ''antitrust violation'' means -

(A) any unfair method of competition (within the meaning of

section 45(a)(1) of this title);

(B) any violation of the Clayton Act (15 U.S.C. 12 et seq.)

or of any other Federal statute that prohibits, or makes

available to the Commission a civil remedy with respect to, any

restraint upon or monopolization of interstate or foreign trade

or commerce;

(C) with respect to the International Antitrust Enforcement

Assistance Act of 1994 (15 U.S.C. 6201 et seq.), any violation

of any of the foreign antitrust laws (as defined in section 12

of such Act (15 U.S.C. 6211)) with respect to which a request

is made under section 3 of such Act (15 U.S.C. 6202); or

(D) any activity in preparation for a merger, acquisition,

joint venture, or similar transaction, which if consummated,

may result in any such unfair method of competition or in any

such violation.

(b) Actions conducted by Commission respecting unfair or deceptive

acts or practices in or affecting commerce

For the purpose of investigations performed pursuant to this

section with respect to unfair or deceptive acts or practices in or

affecting commerce (within the meaning of section 45(a)(1) of this

title); all actions of the Commission taken under section 46 and

section 49 of this title shall be conducted pursuant to subsection

(c) of this section.

(c) Issuance of demand; contents; service; verified return; sworn

certificate; answers; taking of oral testimony

(1) Whenever the Commission has reason to believe that any person

may be in possession, custody, or control of any documentary

material or tangible things, or may have any information, relevant

to unfair or deceptive acts or practices in or affecting commerce

(within the meaning of section 45(a)(1) of this title), or to

antitrust violations, the Commission may, before the institution of

any proceedings under this subchapter, issue in writing, and cause

to be served upon such person, a civil investigative demand

requiring such person to produce such documentary material for

inspection and copying or reproduction, to submit such tangible

things, to file written reports or answers to questions, to give

oral testimony concerning documentary material or other

information, or to furnish any combination of such material,

answers, or testimony.

(2) Each civil investigative demand shall state the nature of the

conduct constituting the alleged violation which is under

investigation and the provision of law applicable to such

violation.

(3) Each civil investigative demand for the production of

documentary material shall -

(A) describe each class of documentary material to be produced

under the demand with such definiteness and certainty as to

permit such material to be fairly identified;

(B) prescribe a return date or dates which will provide a

reasonable period of time within which the material so demanded

may be assembled and made available for inspection and copying or

reproduction; and

(C) identify the custodian to whom such material shall be made

available.

(4) Each civil investigative demand for the submission of

tangible things shall -

(A) describe each class of tangible things to be submitted

under the demand with such definiteness and certainty as to

permit such things to be fairly identified;

(B) prescribe a return date or dates which will provide a

reasonable period of time within which the things so demanded may

be assembled and submitted; and

(C) identify the custodian to whom such things shall be

submitted.

(5) Each civil investigative demand for written reports or

answers to questions shall -

(A) propound with definiteness and certainty the reports to be

produced or the questions to be answered;

(B) prescribe a date or dates at which time written reports or

answers to questions shall be submitted; and

(C) identify the custodian to whom such reports or answers

shall be submitted.

(6) Each civil investigative demand for the giving of oral

testimony shall -

(A) prescribe a date, time, and place at which oral testimony

shall be commenced; and

(B) identify a Commission investigator who shall conduct the

investigation and the custodian to whom the transcript of such

investigation shall be submitted.

(7)(A) Any civil investigative demand may be served by any

Commission investigator at any place within the territorial

jurisdiction of any court of the United States.

(B) Any such demand or any enforcement petition filed under this

section may be served upon any person who is not found within the

territorial jurisdiction of any court of the United States, in such

manner as the Federal Rules of Civil Procedure prescribe for

service in a foreign nation.

(C) To the extent that the courts of the United States have

authority to assert jurisdiction over such person consistent with

due process, the United States District Court for the District of

Columbia shall have the same jurisdiction to take any action

respecting compliance with this section by such person that such

district court would have if such person were personally within the

jurisdiction of such district court.

(8) Service of any civil investigative demand or any enforcement

petition filed under this section may be made upon a partnership,

corporation, association, or other legal entity by -

(A) delivering a duly executed copy of such demand or petition

to any partner, executive officer, managing agent, or general

agent of such partnership, corporation, association, or other

legal entity, or to any agent of such partnership, corporation,

association, or other legal entity authorized by appointment or

by law to receive service of process on behalf of such

partnership, corporation, association, or other legal entity;

(B) delivering a duly executed copy of such demand or petition

to the principal office or place of business of the partnership,

corporation, association, or other legal entity to be served; or

(C) depositing a duly executed copy in the United States mails,

by registered or certified mail, return receipt requested, duly

addressed to such partnership, corporation, association, or other

legal entity at its principal office or place of business.

(9) Service of any civil investigative demand or of any

enforcement petition filed under this section may be made upon any

natural person by -

(A) delivering a duly executed copy of such demand or petition

to the person to be served; or

(B) depositing a duly executed copy in the United States mails

by registered or certified mail, return receipt requested, duly

addressed to such person at his residence or principal office or

place of business.

(10) A verified return by the individual serving any civil

investigative demand or any enforcement petition filed under this

section setting forth the manner of such service shall be proof of

such service. In the case of service by registered or certified

mail, such return shall be accompanied by the return post office

receipt of delivery of such demand or enforcement petition.

(11) The production of documentary material in response to a

civil investigative demand shall be made under a sworn certificate,

in such form as the demand designates, by the person, if a natural

person, to whom the demand is directed or, if not a natural person,

by any person having knowledge of the facts and circumstances

relating to such production, to the effect that all of the

documentary material required by the demand and in the possession,

custody, or control of the person to whom the demand is directed

has been produced and made available to the custodian.

(12) The submission of tangible things in response to a civil

investigative demand shall be made under a sworn certificate, in

such form as the demand designates, by the person to whom the

demand is directed or, if not a natural person, by any person

having knowledge of the facts and circumstances relating to such

production, to the effect that all of the tangible things required

by the demand and in the possession, custody, or control of the

person to whom the demand is directed have been submitted to the

custodian.

(13) Each reporting requirement or question in a civil

investigative demand shall be answered separately and fully in

writing under oath, unless it is objected to, in which event the

reasons for the objection shall be stated in lieu of an answer, and

it shall be submitted under a sworn certificate, in such form as

the demand designates, by the person, if a natural person, to whom

the demand is directed or, if not a natural person, by any person

responsible for answering each reporting requirement or question,

to the effect that all information required by the demand and in

the possession, custody, control, or knowledge of the person to

whom the demand is directed has been submitted.

(14)(A) Any Commission investigator before whom oral testimony is

to be taken shall put the witness on oath or affirmation and shall

personally, or by any individual acting under his direction and in

his presence, record the testimony of the witness. The testimony

shall be taken stenographically and transcribed. After the

testimony is fully transcribed, the Commission investigator before

whom the testimony is taken shall promptly transmit a copy of the

transcript of the testimony to the custodian.

(B) Any Commission investigator before whom oral testimony is to

be taken shall exclude from the place where the testimony is to be

taken all other persons except the person giving the testimony, his

attorney, the officer before whom the testimony is to be taken, and

any stenographer taking such testimony.

(C) The oral testimony of any person taken pursuant to a civil

investigative demand shall be taken in the judicial district of the

United States in which such person resides, is found, or transacts

business, or in such other place as may be agreed upon by the

Commission investigator before whom the oral testimony of such

person is to be taken and such person.

(D)(i) Any person compelled to appear under a civil investigative

demand for oral testimony pursuant to this section may be

accompanied, represented, and advised by an attorney. The attorney

may advise such person, in confidence, either upon the request of

such person or upon the initiative of the attorney, with respect to

any question asked of such person.

(ii) Such person or attorney may object on the record to any

question, in whole or in part, and shall briefly state for the

record the reason for the objection. An objection may properly be

made, received, and entered upon the record when it is claimed that

such person is entitled to refuse to answer the question on grounds

of any constitutional or other legal right or privilege, including

the privilege against self-incrimination. Such person shall not

otherwise object to or refuse to answer any question, and shall not

himself or through his attorney otherwise interrupt the oral

examination. If such person refuses to answer any question, the

Commission may petition the district court of the United States

pursuant to this section for an order compelling such person to

answer such question.

(iii) If such person refuses to answer any question on grounds of

the privilege against self-incrimination, the testimony of such

person may be compelled in accordance with the provisions of

section 6004 of title 18.

(E)(i) After the testimony of any witness is fully transcribed,

the Commission investigator shall afford the witness (who may be

accompanied by an attorney) a reasonable opportunity to examine the

transcript. The transcript shall be read to or by the witness,

unless such examination and reading are waived by the witness. Any

changes in form or substance which the witness desires to make

shall be entered and identified upon the transcript by the

Commission investigator with a statement of the reasons given by

the witness for making such changes. The transcript shall then be

signed by the witness, unless the witness in writing waives the

signing, is ill, cannot be found, or refuses to sign.

(ii) If the transcript is not signed by the witness during the

30-day period following the date upon which the witness is first

afforded a reasonable opportunity to examine it, the Commission

investigator shall sign the transcript and state on the record the

fact of the waiver, illness, absence of the witness, or the refusal

to sign, together with any reasons given for the failure to sign.

(F) The Commission investigator shall certify on the transcript

that the witness was duly sworn by him and that the transcript is a

true record of the testimony given by the witness, and the

Commission investigator shall promptly deliver the transcript or

send it by registered or certified mail to the custodian.

(G) The Commission investigator shall furnish a copy of the

transcript (upon payment of reasonable charges for the

transcription) to the witness only, except that the Commission may

for good cause limit such witness to inspection of the official

transcript of his testimony.

(H) Any witness appearing for the taking of oral testimony

pursuant to a civil investigative demand shall be entitled to the

same fees and mileage which are paid to witnesses in the district

courts of the United States.

(d) Procedures for demand material

Materials received as a result of a civil investigative demand

shall be subject to the procedures established in section 57b-2 of

this title.

(e) Petition for enforcement

Whenever any person fails to comply with any civil investigative

demand duly served upon him under this section, or whenever

satisfactory copying or reproduction of material requested pursuant

to the demand cannot be accomplished and such person refuses to

surrender such material, the Commission, through such officers or

attorneys as it may designate, may file, in the district court of

the United States for any judicial district in which such person

resides, is found, or transacts business, and serve upon such

person, a petition for an order of such court for the enforcement

of this section. All process of any court to which application may

be made as provided in this subsection may be served in any

judicial district.

(f) Petition for order modifying or setting aside demand

(1) Not later than 20 days after the service of any civil

investigative demand upon any person under subsection (c) of this

section, or at any time before the return date specified in the

demand, whichever period is shorter, or within such period

exceeding 20 days after service or in excess of such return date as

may be prescribed in writing, subsequent to service, by any

Commission investigator named in the demand, such person may file

with the Commission a petition for an order by the Commission

modifying or setting aside the demand.

(2) The time permitted for compliance with the demand in whole or

in part, as deemed proper and ordered by the Commission, shall not

run during the pendency of such petition at the Commission, except

that such person shall comply with any portions of the demand not

sought to be modified or set aside. Such petition shall specify

each ground upon which the petitioner relies in seeking such

relief, and may be based upon any failure of the demand to comply

with the provisions of this section, or upon any constitutional or

other legal right or privilege of such person.

(g) Custodial control of documentary material, tangible things,

reports, etc.

At any time during which any custodian is in custody or control

of any documentary material, tangible things, reports, answers to

questions, or transcripts of oral testimony given by any person in

compliance with any civil investigative demand, such person may

file, in the district court of the United States for the judicial

district within which the office of such custodian is situated, and

serve upon such custodian, a petition for an order of such court

requiring the performance by such custodian of any duty imposed

upon him by this section or section 57b-2 of this title.

(h) Jurisdiction of court

Whenever any petition is filed in any district court of the

United States under this section, such court shall have

jurisdiction to hear and determine the matter so presented, and to

enter such order or orders as may be required to carry into effect

the provisions of this section. Any final order so entered shall

be subject to appeal pursuant to section 1291 of title 28. Any

disobedience of any final order entered under this section by any

court shall be punished as a contempt of such court.

(i) Commission authority to issue subpoenas or make demand for

information

Notwithstanding any other provision of law, the Commission shall

have no authority to issue a subpoena or make a demand for

information, under authority of this subchapter or any other

provision of law, unless such subpoena or demand for information is

signed by a Commissioner acting pursuant to a Commission

resolution. The Commission shall not delegate the power conferred

by this section to sign subpoenas or demands for information to any

other person.

(j) Applicability of this section

The provisions of this section shall not -

(1) apply to any proceeding under section 45(b) of this title,

any proceeding under section 11(b) of the Clayton Act (15 U.S.C.

21(b)), or any adjudicative proceeding under any other provision

of law; or

(2) apply to or affect the jurisdiction, duties, or powers of

any agency of the Federal Government, other than the Commission,

regardless of whether such jurisdiction, duties, or powers are

derived in whole or in part, by reference to this subchapter.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 20, as added Pub. L. 96-252, Sec.

13, May 28, 1980, 94 Stat. 380; amended Pub. L. 103-312, Sec. 7,

Aug. 26, 1994, 108 Stat. 1693; Pub. L. 103-438, Sec. 3(e)(2)(B),

Nov. 2, 1994, 108 Stat. 4598.)

-REFTEXT-

REFERENCES IN TEXT

The Clayton Act, referred to in subsec. (a)(8)(B), is act Oct.

15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified

generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of

this title, and sections 52 and 53 of Title 29, Labor. For further

details and complete classification of this Act to the Code, see

References in Text note set out under section 12 of this title and

Tables.

The International Antitrust Enforcement Assistance Act of 1994,

referred to in subsec. (a)(8)(C), is Pub. L. 103-438, Nov. 2, 1994,

108 Stat. 4597, which is classified principally to chapter 88 (Sec.

6201 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6201 of

this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 20 of act Sept. 26, 1914, ch. 311, was renumbered

section 24 and is classified to section 57c of this title.

AMENDMENTS

1994 - Subsec. (a)(2). Pub. L. 103-312, Sec. 7(a)(1), inserted

before period at end ''or in any antitrust violations''.

Subsec. (a)(3). Pub. L. 103-312, Sec. 7(a)(2), inserted before

period at end ''or any provisions relating to antitrust

violations''.

Subsec. (a)(7). Pub. L. 103-312, Sec. 7(a)(3), inserted before

period at end ''or any antitrust violation''.

Subsec. (a)(8). Pub. L. 103-438 amended par. (8) generally.

Prior to amendment, par. (8) read as follows: ''The term 'antitrust

violation' means any unfair method of competition (within the

meaning of section 45(a)(1) of this title), any violation of the

Clayton Act, any violation of any other Federal statute that

prohibits, or makes available to the Commission a civil remedy with

respect to, any restraint upon or monopolization of interstate or

foreign trade or commerce, or any activity in preparation for a

merger, acquisition, joint venture, or similar transaction, which

if consummated, may result in such an unfair method of competition

or violation.''

Pub. L. 103-312, Sec. 7(a)(4), added par. (8).

Subsec. (c)(1). Pub. L. 103-312, Sec. 7(b)(1), inserted ''or

tangible things'' after ''control of any documentary material'',

''or to antitrust violations,'' after ''section 45(a)(1) of this

title),'', and ''to submit such tangible things,'' after ''copying

or reproduction,''.

Subsec. (c)(4) to (14). Pub. L. 103-312, Sec. 7(b)(2), added

pars. (4) and (12) and redesignated former pars. (4) to (10), (11),

and (12) as (5) to (11), (13), and (14), respectively.

Subsec. (g). Pub. L. 103-312, Sec. 7(c), inserted '', tangible

things'' after ''documentary material''.

Subsec. (j)(1). Pub. L. 103-312, Sec. 7(d), inserted before

semicolon at end '', any proceeding under section 11(b) of the

Clayton Act (15 U.S.C. 21(b)), or any adjudicative proceeding under

any other provision of law''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-312 applicable only with respect to

compulsory process issued after Aug. 26, 1994, see section 15(d) of

Pub. L. 103-312, set out as a note under section 45 of this title.

EFFECTIVE DATE

Section effective May 28, 1980, see section 23 of Pub. L. 96-252,

set out as an Effective Date of 1980 Amendment note under section

45 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 57b-2 of this title; title

44 section 3518.

-CITE-

15 USC Sec. 57b-2 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57b-2. Confidentiality

-STATUTE-

(a) Definitions

For purposes of this section:

(1) The term ''material'' means documentary material, tangible

things, written reports or answers to questions, and transcripts

of oral testimony.

(2) The term ''Federal agency'' has the meaning given it in

section 552(e) (FOOTNOTE 1) of title 5.

(FOOTNOTE 1) See References in Text note below.

(b) Procedures respecting documents, tangible things, or

transcripts of oral testimony received pursuant to compulsory

process or investigation

(1) With respect to any document, tangible thing, or transcript

of oral testimony received by the Commission pursuant to compulsory

process in an investigation, a purpose of which is to determine

whether any person may have violated any provision of the laws

administered by the Commission, the procedures established in

paragraph (2) through paragraph (7) shall apply.

(2)(A) The Commission shall designate a duly authorized agent to

serve as custodian of documentary material, tangible things, or

written reports or answers to questions, and transcripts of oral

testimony, and such additional duly authorized agents as the

Commission shall determine from time to time to be necessary to

serve as deputies to the custodian.

(B) Any person upon whom any demand for the production of

documentary material has been duly served shall make such material

available for inspection and copying or reproduction to the

custodian designated in such demand at the principal place of

business of such person (or at such other place as such custodian

and such person thereafter may agree or prescribe in writing or as

the court may direct pursuant to section 57b-1(h) of this title) on

the return date specified in such demand (or on such later date as

such custodian may prescribe in writing). Such person may upon

written agreement between such person and the custodian substitute

copies for originals of all or any part of such material.

(3)(A) The custodian to whom any documentary material, tangible

things, written reports or answers to questions, and transcripts of

oral testimony are delivered shall take physical possession of such

material, reports or answers, and transcripts, and shall be

responsible for the use made of such material, reports or answers,

and transcripts, and for the return of material, pursuant to the

requirements of this section.

(B) The custodian may prepare such copies of the documentary

material, written reports or answers to questions, and transcripts

of oral testimony, and may make tangible things available, as may

be required for official use by any duly authorized officer or

employee of the Commission under regulations which shall be

promulgated by the Commission. Notwithstanding subparagraph (C),

such material, things, and transcripts may be used by any such

officer or employee in connection with the taking of oral testimony

under this section.

(C) Except as otherwise provided in this section, while in the

possession of the custodian, no documentary material, tangible

things, reports or answers to questions, and transcripts of oral

testimony shall be available for examination by any individual

other than a duly authorized officer or employee of the Commission

without the consent of the person who produced the material,

things, or transcripts. Nothing in this section is intended to

prevent disclosure to either House of the Congress or to any

committee or subcommittee of the Congress, except that the

Commission immediately shall notify the owner or provider of any

such information of a request for information designated as

confidential by the owner or provider.

(D) While in the possession of the custodian and under such

reasonable terms and conditions as the Commission shall prescribe -

(i) documentary material, tangible things, or written reports

shall be available for examination by the person who produced the

material, or by any duly authorized representative of such

person; and

(ii) answers to questions in writing and transcripts of oral

testimony shall be available for examination by the person who

produced the testimony or by his attorney.

(4) Whenever the Commission has instituted a proceeding against a

person, partnership, or corporation, the custodian may deliver to

any officer or employee of the Commission documentary material,

tangible things, written reports or answers to questions, and

transcripts of oral testimony for official use in connection with

such proceeding. Upon the completion of the proceeding, the

officer or employee shall return to the custodian any such material

so delivered which has not been received into the record of the

proceeding.

(5) If any documentary material, tangible things, written reports

or answers to questions, and transcripts of oral testimony have

been produced in the course of any investigation by any person

pursuant to compulsory process and -

(A) any proceeding arising out of the investigation has been

completed; or

(B) no proceeding in which the material may be used has been

commenced within a reasonable time after completion of the

examination and analysis of all such material and other

information assembled in the course of the investigation;

then the custodian shall, upon written request of the person who

produced the material, return to the person any such material which

has not been received into the record of any such proceeding (other

than copies of such material made by the custodian pursuant to

paragraph (3)(B)).

(6) The custodian of any documentary material, written reports or

answers to questions, and transcripts of oral testimony may deliver

to any officers or employees of appropriate Federal law enforcement

agencies, in response to a written request, copies of such material

for use in connection with an investigation or proceeding under the

jurisdiction of any such agency. The custodian of any tangible

things may make such things available for inspection to such

persons on the same basis. Such materials shall not be made

available to any such agency until the custodian received

certification of any officer of such agency that such information

will be maintained in confidence and will be used only for official

law enforcement purposes. Such documentary material, results of

inspections of tangible things, written reports or answers to

questions, and transcripts of oral testimony may be used by any

officer or employee of such agency only in such manner and subject

to such conditions as apply to the Commission under this section.

The custodian may make such materials available to any State law

enforcement agency upon the prior certification of any officer of

such agency that such information will be maintained in confidence

and will be used only for official law enforcement purposes.

(7) In the event of the death, disability, or separation from

service in the Commission of the custodian of any documentary

material, tangible things, written reports or answers to questions,

and transcripts of oral testimony produced under any demand issued

under this subchapter, or the official relief of the custodian from

responsibility for the custody and control of such material, the

Commission promptly shall -

(A) designate under paragraph (2)(A) another duly authorized

agent to serve as custodian of such material; and

(B) transmit in writing to the person who produced the material

or testimony notice as to the identity and address of the

successor so designated.

Any successor designated under paragraph (2)(A) as a result of the

requirements of this paragraph shall have (with regard to the

material involved) all duties and responsibilities imposed by this

section upon his predecessor in office with regard to such

material, except that he shall not be held responsible for any

default or dereliction which occurred before his designation.

(c) Information considered confidential

(1) All information reported to or otherwise obtained by the

Commission which is not subject to the requirements of subsection

(b) of this section shall be considered confidential when so marked

by the person supplying the information and shall not be disclosed,

except in accordance with the procedures established in paragraph

(2) and paragraph (3).

(2) If the Commission determines that a document marked

confidential by the person supplying it may be disclosed because it

is not a trade secret or commercial or financial information which

is obtained from any person and which is privileged or

confidential, within the meaning of section 46(f) of this title,

then the Commission shall notify such person in writing that the

Commission intends to disclose the document at a date not less than

10 days after the date of receipt of notification.

(3) Any person receiving such notification may, if he believes

disclosure of the document would cause disclosure of a trade

secret, or commercial or financial information which is obtained

from any person and which is privileged or confidential, within the

meaning of section 46(f) of this title, before the date set for

release of the document, bring an action in the district court of

the United States for the district within which the documents are

located or in the United States District Court for the District of

Columbia to restrain disclosure of the document. Any person

receiving such notification may file with the appropriate district

court or court of appeals of the United States, as appropriate, an

application for a stay of disclosure. The documents shall not be

disclosed until the court has ruled on the application for a stay.

(d) Particular disclosures allowed

(1) The provisions of subsection (c) of this section shall not be

construed to prohibit -

(A) the disclosure of information to either House of the

Congress or to any committee or subcommittee of the Congress,

except that the Commission immediately shall notify the owner or

provider of any such information of a request for information

designated as confidential by the owner or provider;

(B) the disclosure of the results of any investigation or study

carried out or prepared by the Commission, except that no

information shall be identified nor shall information be

disclosed in such a manner as to disclose a trade secret of any

person supplying the trade secret, or to disclose any commercial

or financial information which is obtained from any person and

which is privileged or confidential;

(C) the disclosure of relevant and material information in

Commission adjudicative proceedings or in judicial proceedings to

which the Commission is a party; or

(D) the disclosure to a Federal agency of disaggregated

information obtained in accordance with section 3512 (FOOTNOTE 1)

of title 44, except that the recipient agency shall use such

disaggregated information for economic, statistical, or

policymaking purposes only, and shall not disclose such

information in an individually identifiable form.

(2) Any disclosure of relevant and material information in

Commission adjudicative proceedings or in judicial proceedings to

which the Commission is a party shall be governed by the rules of

the Commission for adjudicative proceedings or by court rules or

orders, except that the rules of the Commission shall not be

amended in a manner inconsistent with the purposes of this section.

(e) Effect on other statutory provisions limiting disclosure

Nothing in this section shall supersede any statutory provision

which expressly prohibits or limits particular disclosures by the

Commission, or which authorizes disclosures to any other Federal

agency.

(f) Exemption from disclosure

Any material which is received by the Commission in any

investigation, a purpose of which is to determine whether any

person may have violated any provision of the laws administered by

the Commission, and which is provided pursuant to any compulsory

process under this subchapter or which is provided voluntarily in

place of such compulsory process shall be exempt from disclosure

under section 552 of title 5.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 21, as added Pub. L. 96-252, Sec.

14, May 28, 1980, 94 Stat. 385; amended Pub. L. 103-312, Sec. 8,

Aug. 26, 1994, 108 Stat. 1694.)

-REFTEXT-

REFERENCES IN TEXT

Section 552(e) of title 5, referred to in subsec. (a)(2), was

redesignated section 552(f) of Title 5, Government Organization and

Employees, by section 1802(b) of Pub. L. 99-570.

Section 3512 of title 44, referred to in subsec. (d)(1)(D), which

related to requirements for the collection of information by

independent Federal regulatory agencies, was a part of chapter 35

of Title 44, Public Printing and Documents. Chapter 35 was amended

generally by the Paperwork Reduction Act of 1980 (Pub. L. 96-511)

and subsequently by the Paperwork Reduction Act of 1995 (Pub. L.

104-13).

-MISC2-

PRIOR PROVISIONS

A prior section 21 of act Sept. 26, 1914, ch. 311, was renumbered

section 25 and is classified to section 58 of this title.

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-312, Sec. 8(1), inserted

''tangible things,'' after ''documentary material,''.

Subsec. (b)(1). Pub. L. 103-312, Sec. 8(2), inserted '', tangible

thing,'' after ''document''.

Subsec. (b)(2)(A). Pub. L. 103-312, Sec. 8(3), inserted

''tangible things,'' after ''documentary material,''.

Subsec. (b)(3). Pub. L. 103-312, Sec. 8(4), in subpar. (A),

inserted ''tangible things,'' after ''documentary material,'', in

subpar. (B), inserted '', and may make tangible things available,''

after ''transcripts of oral testimony'' and '', things,'' after

''such material'', in subpar. (C), inserted ''tangible things,''

after ''documentary material,'' and '', things,'' after

''material'', and in subpar. (D)(i), inserted '', tangible

things,'' after ''documentary material''.

Subsec. (b)(4), (5). Pub. L. 103-312, Sec. 8(5), (6), inserted

''tangible things,'' after ''documentary material,''.

Subsec. (b)(6). Pub. L. 103-312, Sec. 8(7), inserted ''The

custodian of any tangible things may make such things available for

inspection to such persons on the same basis.'' after first

sentence, and ''results of inspections of tangible things,'' after

''Such documentary material,''.

Subsec. (b)(7). Pub. L. 103-312, Sec. 8(8), inserted ''tangible

things,'' after ''documentary material,''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-312 applicable only with respect to

compulsory process issued after Aug. 26, 1994, see section 15(d) of

Pub. L. 103-312, set out as a note under section 45 of this title.

EFFECTIVE DATE

Section effective May 28, 1980, see section 23 of Pub. L. 96-252,

set out as an Effective Date of 1980 Amendment note under section

45 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57b-1, 6205 of this

title.

-CITE-

15 USC Sec. 57b-3 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57b-3. Rulemaking process

-STATUTE-

(a) Definitions

For purposes of this section:

(1) The term ''rule'' means any rule promulgated by the

Commission under section 46 or section 57a of this title, except

that such term does not include interpretive rules, rules

involving Commission management or personnel, general statements

of policy, or rules relating to Commission organization,

procedure, or practice. Such term does not include any amendment

to a rule unless the Commission -

(A) estimates that such amendment will have an annual effect

on the national economy of $100,000,000 or more;

(B) estimates that such amendment will cause a substantial

change in the cost or price of goods or services which are used

extensively by particular industries, which are supplied

extensively in particular geographic regions, or which are

acquired in significant quantities by the Federal Government,

or by State or local governments; or

(C) otherwise determines that such amendment will have a

significant impact upon persons subject to regulation under

such amendment and upon consumers.

(2) The term ''rulemaking'' means any Commission process for

formulating or amending a rule.

(b) Notice of proposed rulemaking; regulatory analysis; contents;

issuance

(1) In any case in which the Commission publishes notice of a

proposed rulemaking, the Commission shall issue a preliminary

regulatory analysis relating to the proposed rule involved. Each

preliminary regulatory analysis shall contain -

(A) a concise statement of the need for, and the objectives of,

the proposed rule;

(B) a description of any reasonable alternatives to the

proposed rule which may accomplish the stated objective of the

rule in a manner consistent with applicable law; and

(C) for the proposed rule, and for each of the alternatives

described in the analysis, a preliminary analysis of the

projected benefits and any adverse economic effects and any other

effects, and of the effectiveness of the proposed rule and each

alternative in meeting the stated objectives of the proposed

rule.

(2) In any case in which the Commission promulgates a final rule,

the Commission shall issue a final regulatory analysis relating to

the final rule. Each final regulatory analysis shall contain -

(A) a concise statement of the need for, and the objectives of,

the final rule;

(B) a description of any alternatives to the final rule which

were considered by the Commission;

(C) an analysis of the projected benefits and any adverse

economic effects and any other effects of the final rule;

(D) an explanation of the reasons for the determination of the

Commission that the final rule will attain its objectives in a

manner consistent with applicable law and the reasons the

particular alternative was chosen; and

(E) a summary of any significant issues raised by the comments

submitted during the public comment period in response to the

preliminary regulatory analysis, and a summary of the assessment

by the Commission of such issues.

(3)(A) In order to avoid duplication or waste, the Commission is

authorized to -

(i) consider a series of closely related rules as one rule for

purposes of this subsection; and

(ii) whenever appropriate, incorporate any data or analysis

contained in a regulatory analysis issued under this subsection

in the statement of basis and purpose to accompany any rule

promulgated under section 57a(a)(1)(B) of this title, and

incorporate by reference in any preliminary or final regulatory

analysis information contained in a notice of proposed rulemaking

or a statement of basis and purpose.

(B) The Commission shall include, in each notice of proposed

rulemaking and in each publication of a final rule, a statement of

the manner in which the public may obtain copies of the preliminary

and final regulatory analyses. The Commission may charge a

reasonable fee for the copying and mailing of regulatory analyses.

The regulatory analyses shall be furnished without charge or at a

reduced charge if the Commission determines that waiver or

reduction of the fee is in the public interest because furnishing

the information primarily benefits the general public.

(4) The Commission is authorized to delay the completion of any

of the requirements established in this subsection by publishing in

the Federal Register, not later than the date of publication of the

final rule involved, a finding that the final rule is being

promulgated in response to an emergency which makes timely

compliance with the provisions of this subsection impracticable.

Such publication shall include a statement of the reasons for such

finding.

(5) The requirements of this subsection shall not be construed to

alter in any manner the substantive standards applicable to any

action by the Commission, or the procedural standards otherwise

applicable to such action.

(c) Judicial review

(1) The contents and adequacy of any regulatory analysis prepared

or issued by the Commission under this section, including the

adequacy of any procedure involved in such preparation or issuance,

shall not be subject to any judicial review in any court, except

that a court, upon review of a rule pursuant to section 57a(e) of

this title, may set aside such rule if the Commission has failed

entirely to prepare a regulatory analysis.

(2) Except as specified in paragraph (1), no Commission action

may be invalidated, remanded, or otherwise affected by any court on

account of any failure to comply with the requirements of this

section.

(3) The provisions of this subsection do not alter the

substantive or procedural standards otherwise applicable to

judicial review of any action by the Commission.

(d) Regulatory agenda; contents; publication dates in Federal

Register

(1) The Commission shall publish at least semiannually a

regulatory agenda. Each regulatory agenda shall contain a list of

rules which the Commission intends to propose or promulgate during

the 12-month period following the publication of the agenda. On

the first Monday in October of each year, the Commission shall

publish in the Federal Register a schedule showing the dates during

the current fiscal year on which the semiannual regulatory agenda

of the Commission will be published.

(2) For each rule listed in a regulatory agenda, the Commission

shall -

(A) describe the rule;

(B) state the objectives of and the legal basis for the rule;

and

(C) specify any dates established or anticipated by the

Commission for taking action, including dates for advance notice

of proposed rulemaking, notices of proposed rulemaking, and final

action by the Commission.

(3) Each regulatory agenda shall state the name, office address,

and office telephone number of the Commission officer or employee

responsible for responding to any inquiry relating to each rule

listed.

(4) The Commission shall not propose or promulgate a rule which

was not listed on a regulatory agenda unless the Commission

publishes with the rule an explanation of the reasons the rule was

omitted from such agenda.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 22, as added Pub. L. 96-252, Sec.

15, May 28, 1980, 94 Stat. 388.)

-MISC1-

EFFECTIVE DATE

Section effective May 28, 1980, see section 23 of Pub. L. 96-252,

set out as an Effective Date of 1980 Amendment note under section

45 of this title.

-CITE-

15 USC Sec. 57b-4 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57b-4. Good faith reliance on actions of Board of Governors

-STATUTE-

(a) ''Board of Governors'' defined

For purposes of this section, the term ''Board of Governors'

means the Board of Governors'' of the Federal Reserve System.

(b) Use as defense

Notwithstanding any other provision of law, if -

(1) any person, partnership, or corporation engages in any

conduct or practice which allegedly constitutes a violation of

any Federal law with respect to which the Board of Governors of

the Federal Reserve System has rulemaking authority; and

(2) such person, partnership, or corporation engaged in such

conduct or practice in good faith reliance upon, and in

conformity with, any rule, regulation, statement of

interpretation, or statement of approval prescribed or issued by

the Board of Governors under such Federal law;

then such good faith reliance shall constitute a defense in any

administrative or judicial proceeding commenced against such

person, partnership, or corporation by the Commission under this

subchapter or in any administrative or judicial proceeding

commenced against such person, partnership, or corporation by the

Attorney General of the United States, upon request made by the

Commission, under any provision of law.

(c) Applicability of subsection (b)

The provisions of subsection (b) of this section shall apply

regardless of whether any rule, regulation, statement of

interpretation, or statement of approval prescribed or issued by

the Board of Governors is amended, rescinded, or held to be invalid

by judicial authority or any other authority after a person,

partnership, or corporation has engaged in any conduct or practice

in good faith reliance upon, and in conformity with, such rule,

regulation, statement of interpretation, or statement of approval.

(d) Request for issuance of statement or interpretation concerning

conduct or practice

If, in any case in which -

(1) the Board of Governors has rulemaking authority with

respect to any Federal law; and

(2) the Commission is authorized to enforce the requirements of

such Federal law;

any person, partnership, or corporation submits a request to the

Board of Governors for the issuance of any statement of

interpretation or statement of approval relating to any conduct or

practice of such person, partnership, or corporation which may be

subject to the requirements of such Federal law, then the Board of

Governors shall dispose of such request as soon as practicable

after the receipt of such.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 23, as added Pub. L. 96-252, Sec.

16, May 28, 1980, 94 Stat. 390.)

-MISC1-

EFFECTIVE DATE

Section effective May 28, 1980, see section 23 of Pub. L. 96-252,

set out as an Effective Date of 1980 Amendment note under section

45 of this title.

-CITE-

15 USC Sec. 57b-5 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57b-5. Agricultural cooperatives

-STATUTE-

(a) The Commission shall not have any authority to conduct any

study, investigation, or prosecution of any agricultural

cooperative for any conduct which, because of the provisions of

sections 291 and 292 of title 7, is not a violation of any of the

antitrust Acts or this subchapter.

(b) The Commission shall not have any authority to conduct any

study or investigation of any agricultural marketing orders.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 24, as added Pub. L. 103-312, Sec.

2, Aug. 26, 1994, 108 Stat. 1691.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust Acts, referred to in subsec. (a), are defined in

section 44 of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 24 of act Sept. 26, 1914, was renumbered section

25 and is classified to section 57c of this title.

-CITE-

15 USC Sec. 57c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 57c. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out the

functions, powers, and duties of the Commission not to exceed

$92,700,000 for fiscal year 1994; not to exceed $99,000,000 for

fiscal year 1995; not to exceed $102,000,000 for fiscal year 1996;

not to exceed $107,000,000 for fiscal year 1997; and not to exceed

$111,000,000 for fiscal year 1998.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 25, formerly Sec. 20, as added Pub.

L. 93-367, title II, Sec. 207, Jan. 4, 1975, 88 Stat. 2203; amended

Pub. L. 94-299, Sec. 1, May 29, 1976, 90 Stat. 588; renumbered Sec.

24 and amended Pub. L. 96-252, Sec. 13, 17, May 28, 1980, 94 Stat.

380, 391; renumbered Sec. 25 and amended Pub. L. 103-312, Sec. 2,

14, Aug. 26, 1994, 108 Stat. 1691, 1697; Pub. L. 104-216, Sec. 2,

Oct. 1, 1996, 110 Stat. 3019.)

-MISC1-

PRIOR PROVISIONS

A prior section 25 of act Sept. 26, 1914, was renumbered section

26 and is classified to section 58 of this title.

AMENDMENTS

1996 - Pub. L. 104-216 struck out ''and'' before ''not to exceed

$102,000,000'' and inserted before period at end ''; not to exceed

$107,000,000 for fiscal year 1997; and not to exceed $111,000,000

for fiscal year 1998''.

1994 - Pub. L. 103-312, Sec. 14, amended section generally.

Prior to amendment, section read as follows: ''There are authorized

to be appropriated to carry out the functions, powers, and duties

of the Federal Trade Commission not to exceed $42,000,000 for the

fiscal year ending June 30, 1975; not to exceed $47,091,000 for the

fiscal year ending June 30, 1976; not to exceed $50,000,000 for the

fiscal year ending in 1977; not to exceed $70,000,000 for the

fiscal year ending September 30, 1980; not to exceed $75,000,000

for the fiscal year ending September 30, 1981; and not to exceed

$80,000,000 for the fiscal year ending September 30, 1982.''

1980 - Pub. L. 96-252, Sec. 17, substituted ''1977; not to exceed

$70,000,000 for the fiscal year ending September 30, 1980; not to

exceed $75,000,000 for the fiscal year ending September 30, 1981;

and not to exceed $80,000,000 for the fiscal year ending September

30, 1982'' for ''1977. For fiscal years ending after 1977, there

may be appropriated to carry out such functions, powers, and

duties, only such sums as the Congress may hereafter authorize by

law''.

1976 - Pub. L. 94-299 substituted ''$47,091,000'' for

''$46,000,000''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-252 effective May 28, 1980, see section

23 of Pub. L. 96-252, set out as a note under section 45 of this

title.

INTERVENTION BY COMMISSION IN CERTAIN PROCEEDINGS

Section 11 of Pub. L. 103-312 provided that:

''(a) Limitation on Use of Authorized Funds. - The Federal Trade

Commission shall not have any authority to use any funds which are

authorized to be appropriated to carry out the Federal Trade

Commission Act (15 U.S.C. 41 et seq.) for fiscal years 1994, 1995,

and 1996 for the purpose of submitting statements to, appearing

before, or intervening in the proceedings of, any Federal or State

agency or State legislative body concerning proposed rules or

legislation that the agency or legislative body is considering

unless the Commission advises the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Energy and

Commerce of the House of Representatives regarding such action as

soon as possible.

''(b) Contents of Notice to Congress. - The notice required in

subsection (a) shall include the name of the agency or legislator

involved, the date of such action, and a concise statement

regarding the nature and purpose of such action.''

RESTRICTION ON USE OF FUNDS TO CANCEL REGISTRATION OF TRADEMARKS

Section 18 of Pub. L. 96-252 prohibited the Federal Trade

Commission from using any funds authorized to be appropriated to

carry out this subchapter for fiscal year 1980, 1981, or 1982 (or

1983 as extended by Pub. L. 97-377, title I Sec. 101(d), Dec. 21,

1982, 96 Stat. 1870), under this section, for the purpose of taking

any action under 15 U.S.C. 1064 with respect to the cancellation of

the registration of any mark on the ground that such mark has

become the common descriptive name of an article or substance.

RESTRICTION ON USE OF FUNDS RESPECTING STUDY, INVESTIGATION, OR

PROSECUTION OF ANY AGRICULTURAL COOPERATIVE OR STUDY OR

INVESTIGATION OF ANY AGRICULTURAL MARKETING ORDERS

Section 20 of Pub. L. 96-252 prohibited the Federal Trade

Commission from using any funds authorized to be appropriated to

carry out this subchapter for fiscal year 1980, 1981, or 1982 (or

1983 as extended by Pub. L. 97-377, title I Sec. 101(d), Dec. 21,

1982, 96 Stat. 1870), under this section, for the purpose of

conducting any study, investigation, or prosecution of any

agricultural cooperative for any conduct which, because of the

provisions of the Capper-Volstead Act (7 U.S.C. 291 et seq.), was

not a violation of any Federal antitrust Act or this subchapter or

for the purpose of conducting any study or investigation of any

agricultural marketing orders.

-CITE-

15 USC Sec. 58 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER I - FEDERAL TRADE COMMISSION

-HEAD-

Sec. 58. Short title

-STATUTE-

This subchapter may be cited as the ''Federal Trade Commission

Act''.

-SOURCE-

(Sept. 26, 1914, ch. 311, Sec. 26, formerly Sec. 18, as added Mar.

21, 1938, ch. 49, Sec. 4, 52 Stat. 114; renumbered Sec. 21, Pub. L.

93-637, title II, Sec. 202(a), Jan. 4, 1975, 88 Stat. 2193;

renumbered Sec. 25, Pub. L. 96-252, Sec. 13, May 28, 1980, 94 Stat.

380; renumbered Sec. 26, Pub. L. 103-312, Sec. 2, Aug. 26, 1994,

108 Stat. 1691.)

-MISC1-

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-216, Sec. 1, Oct. 1, 1996, 110 Stat. 3019, provided

that: ''This Act (amending section 57c of this title) may be cited

as the 'Federal Trade Commission Reauthorization Act of 1996'.''

SHORT TITLE OF 1994 AMENDMENT

Section 1(a) of Pub. L. 103-312 provided that: ''This Act

(enacting section 57b-5 of this title, amending this section and

sections 45, 53, 57a, 57b-1, 57b-2, and 57c of this title, and

enacting provisions set out as notes under sections 45 and 57c of

this title) may be cited as the 'Federal Trade Commission Act

Amendments of 1994'.''

SHORT TITLE OF 1980 AMENDMENT

Section 1 of Pub. L. 96-252 provided that ''This Act (enacting

sections 57a-1 and 57b-1 to 57b-4 of this title, amending this

section and sections 45, 46, 50, 57a, and 57c of this title, and

enacting provisions set out as notes under sections 45, 46, 57a,

57a-1, and 57c of this title) may be cited as the 'Federal Trade

Commission Improvements Act of 1980'.''

-CITE-

15 USC SUBCHAPTER II - PROMOTION OF EXPORT TRADE 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

.

-HEAD-

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 7 section 225; title 50

App. section 2158.

-CITE-

15 USC Sec. 61 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-

Sec. 61. Export trade; definitions

-STATUTE-

The words ''export trade'' wherever used in this subchapter mean

solely trade or commerce in goods, wares, or merchandise exported,

or in the course of being exported from the United States or any

Territory thereof to any foreign nation; but the words ''export

trade'' shall not be deemed to include the production, manufacture,

or selling for consumption or for resale, within the United States

or any Territory thereof, of such goods, wares, or merchandise, or

any act in the course of such production, manufacture, or selling

for consumption or for resale.

The words ''trade within the United States'' wherever used in

this subchapter mean trade or commerce among the several States or

in any Territory of the United States, or in the District of

Columbia, or between any such Territory and another, or between any

such Territory or Territories and any State or States or the

District of Columbia, or between the District of Columbia and any

State or States.

The word ''association'' wherever used in this subchapter means

any corporation or combination, by contract or otherwise, of two or

more persons, partnerships, or corporations.

-SOURCE-

(Apr. 10, 1918, ch. 50, Sec. 1, 40 Stat. 516.)

-CITE-

15 USC Sec. 62 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-

Sec. 62. Export trade and antitrust legislation

-STATUTE-

Nothing contained in the Sherman Act (15 U.S.C. 1 et seq.) shall

be construed as declaring to be illegal an association entered into

for the sole purpose of engaging in export trade and actually

engaged solely in such export trade, or an agreement made or act

done in the course of export trade by such association, provided

such association, agreement, or act is not in restraint of trade

within the United States, and is not in restraint of the export

trade of any domestic competitor of such association: Provided,

That such association does not, either in the United States or

elsewhere, enter into any agreement, understanding, or conspiracy,

or do any act which artificially or intentionally enhances or

depresses prices within the United States of commodities of the

class exported by such association, or which substantially lessens

competition within the United States or otherwise restrains trade

therein.

-SOURCE-

(Apr. 10, 1918, ch. 50, Sec. 2, 40 Stat. 517.)

-COD-

CODIFICATION

''Sherman Act (15 U.S.C. 1 et seq.)'' substituted in text for

''Act entitled 'An Act to protect trade and commerce against

unlawful restraints and monopolies,' approved July second, eighteen

hundred and ninety'' on authority of the enacting clause of that

Act set out as a Short Title note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 65 of this title.

-CITE-

15 USC Sec. 63 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-

Sec. 63. Acquisition of stock of export trade corporation

-STATUTE-

Nothing contained in section 18 of this title shall be construed

to forbid the acquisition or ownership by any corporation of the

whole or any part of the stock or other capital of any corporation

organized solely for the purpose of engaging in export trade, and

actually engaged solely in such export trade, unless the effect of

such acquisition or ownership may be to restrain trade or

substantially lessen competition within the United States.

-SOURCE-

(Apr. 10, 1918, ch. 50, Sec. 3, 40 Stat. 517.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 65 of this title.

-CITE-

15 USC Sec. 64 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-

Sec. 64. Unfair methods of competition in export trade

-STATUTE-

The prohibition against ''unfair methods of competition'' and the

remedies provided for enforcing said prohibition contained in the

Federal Trade Commission Act (15 U.S.C. 41 et seq.) shall be

construed as extending to unfair methods of competition used in

export trade against competitors engaged in export trade, even

though the acts constituting such unfair methods are done without

the territorial jurisdiction of the United States.

-SOURCE-

(Apr. 10, 1918, ch. 50, Sec. 4, 40 Stat. 517.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-COD-

CODIFICATION

''Federal Trade Commission Act (15 U.S.C. 41 et seq.)''

substituted in text for ''Act entitled 'An Act to create a Federal

Trade Commission, to define its powers and duties, and for other

purposes,' approved September twenty-sixth, nineteen hundred and

fourteen'' on authority of section 18 of that Act (15 U.S.C. 58).

-CITE-

15 USC Sec. 65 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-

Sec. 65. Information required from export trade corporation; powers

of Federal Trade Commission

-STATUTE-

Every association which engages solely in export trade, within

thirty days after its creation, shall file with the Federal Trade

Commission a verified written statement setting forth the location

of its offices or places of business and the names and addresses of

all its officers and of all its stockholders or members, and if a

corporation, a copy of its certificate or articles of incorporation

and bylaws, and if unincorporated, a copy of its articles or

contract of association, and on the 1st day of January of each year

every association engaged solely in export trade shall make a like

statement of the location of its offices or places of business and

the names and addresses of all its officers and of all its

stockholders or members and of all amendments to and changes in its

articles or certificate of incorporation or in its articles or

contract of association. It shall also furnish to the Commission

such information as the Commission may require as to its

organization business, conduct, practices, management, and relation

to other associations, corporations, partnerships, and

individuals. Any association which shall fail so to do shall not

have the benefit of the provisions of sections 62 and 63 of this

title, and it shall also forfeit to the United States the sum of

$100 for each and every day of the continuance of such failure,

which forfeiture shall be payable into the Treasury of the United

States, and shall be recoverable in a civil suit in the name of the

United States brought in the district where the association has its

principal office, or in any district in which it shall do

business. It shall be the duty of the various United States

attorneys, under the direction of the Attorney General of the

United States, to prosecute for the recovery of the forfeiture.

The costs and expenses of such prosecution shall be paid out of the

appropriation for the expenses of the courts of the United States.

Whenever the Federal Trade Commission shall have reason to

believe that an association or any agreement made or act done by

such association is in restraint of trade within the United States

or in restraint of the export trade of any domestic competitor of

such association, or that an association either in the United

States or elsewhere has entered into any agreement, understanding,

or conspiracy, or done any act which artificially or intentionally

enhances or depresses prices within the United States of

commodities of the class exported by such association, or which

substantially lessens competition within the United States or

otherwise restrains trade therein, it shall summon such

association, its officers, and agents to appear before it, and

thereafter conduct an investigation into the alleged violations of

law. Upon investigation, if it shall conclude that the law has

been violated, it may make to such association recommendations for

the readjustment of its business, in order that it may thereafter

maintain its organization and management and conduct its business

in accordance with law. If such association fails to comply with

the recommendations of the Federal Trade Commission, said

Commission shall refer its findings and recommendations to the

Attorney General of the United States for such action thereon as he

may deem proper.

For the purpose of enforcing these provisions the Federal Trade

Commission shall have all the powers, so far as applicable, given

it in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

-SOURCE-

(Apr. 10, 1918, ch. 50, Sec. 5, 40 Stat. 517; June 25, 1948, ch.

646, Sec. 1, 62 Stat. 909.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-COD-

CODIFICATION

''Federal Trade Commission Act (15 U.S.C. 41 et seq.)''

substituted in text for ''An Act to create a Federal Trade

Commission, to define its powers and duties, and for other

purposes,'' on authority of section 18 of that Act (15 U.S.C. 58).

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorneys'' for ''district attorneys''. See section 541 of

Title 28, Judiciary and Judicial Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 66 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-

Sec. 66. Short title

-STATUTE-

This subchapter may be cited as the ''Webb-Pomerene Act''.

-SOURCE-

(Apr. 10, 1918, ch. 50, Sec. 6, as added Pub. L. 94-435, title III,

Sec. 305(c), Sept. 30, 1976, 90 Stat. 1397.)

-CITE-

15 USC SUBCHAPTER III - LABELING OF WOOL PRODUCTS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

.

-HEAD-

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 70 of this title.

-CITE-

15 USC Sec. 68 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68. Definitions

-STATUTE-

As used in this subchapter -

(a) The term ''person'' means an individual, partnership,

corporation, association, or any other form of business enterprise,

plural or singular, as the case demands.

(b) The term ''wool'' means the fiber from the fleece of the

sheep or lamb or hair of the Angora or Cashmere goat (and may

include the so-called specialty fibers from the hair of the camel,

alpaca, llama, and vicuna) which has never been reclaimed from any

woven or felted wool product.

(c) The term ''recycled wool'' means (1) the resulting fiber when

wool has been woven or felted into a wool product which, without

ever having been utilized in any way by the ultimate consumer,

subsequently has been made into a fibrous state, or (2) the

resulting fiber when wool or reprocessed wool has been spun, woven,

knitted, or felted into a wool product which, after having been

used in any way by the ultimate consumer, subsequently has been

made into a fibrous state.

(d) The term ''wool product'' means any product, or any portion

of a product, which contains, purports to contain, or in any way is

represented as containing wool or recycled wool.

(e) The term ''Commission'' means the Federal Trade Commission.

(f) The term ''Federal Trade Commission Act'' means the Act of

Congress entitled ''An Act to create a Federal Trade Commission, to

define its powers and duties, and for other purposes'', approved

September 26, 1914, as amended, and the Federal Trade Commission

Act approved March 21, 1938.

(g) The term ''commerce'' means commerce among the several States

or with foreign nations, or in any Territory of the United States

or in the District of Columbia, or between any such Territory and

another, or between any such Territory and any State or foreign

nation, or between the District of Columbia and any State or

Territory or foreign nation.

(h) The term ''Territory'' includes the insular possessions of

the United States and also any Territory of the United States.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 2, 54 Stat. 1128; Pub. L. 96-242,

Sec. 1, May 5, 1980, 94 Stat. 344.)

-REFTEXT-

REFERENCES IN TEXT

The Act of September 26, 1914, referred to in subsec. (f), is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

The Federal Trade Commission Act approved March 21, 1938,

referred to in subsec. (f), is act Mar. 21, 1938, ch. 49, 52 Stat.

111, as amended. For complete classification of this Act to the

Code, see Tables.

-MISC2-

AMENDMENTS

1980 - Subsec. (c). Pub. L. 96-242, Sec. 1(a), substituted

''recycled wool'' for ''reprocessed wool'' as term defined,

designated existing definition as cl. (1), and added cl. (2).

Subsecs. (d) to (i). Pub. L. 96-242, Sec. 1(b)-(d), redesignated

subsecs. (e) to (i) as (d) to (h), respectively, and, in subsec.

(d) as so redesignated, substituted ''containing wool or recycled

wool'' for ''containing wool, reprocessed wool, or reused wool''.

Former subsec. (d), which defined term ''reused wool'', was struck

out.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 3 of Pub. L. 96-242 provided that: ''The amendments made

by this Act (amending this section and section 68b of this title)

shall take effect with respect to wool products manufactured on or

after the date sixty days after the date of enactment of this Act

(May 5, 1980).''

EFFECTIVE DATE

Section 12 of act Oct. 14, 1940, provided that: ''This Act (this

subchapter) shall take effect nine months after the date of its

passage.''

SHORT TITLE

Section 1 of act Oct. 14, 1940, provided that: ''This Act (this

subchapter) may be cited as the 'Wool Products Labeling Act of

1939'.''

SEPARABILITY

Section 13 of act Oct. 14, 1940, provided that: ''If any

provision of this Act (this subchapter), or the application thereof

to any person, partnership, corporation, or circumstance is held

invalid, the remainder of the Act and the application of such

provision to any other person, partnership, corporation, or

circumstance shall not be affected thereby.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 68a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68a. Misbranding declared unlawful

-STATUTE-

The introduction, or manufacture for introduction, into commerce,

or the sale, transportation, or distribution, in commerce, of any

wool product which is misbranded within the meaning of this

subchapter or the rules and regulations hereunder, is 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; and any person who shall manufacture or deliver for

shipment or ship or sell or offer for sale in commerce, any such

wool product which is misbranded within the meaning of this

subchapter and the rules and regulations hereunder is guilty of an

unfair method of competition, and an unfair and deceptive act or

practice, in commerce within the meaning of the Federal Trade

Commission Act.

This section shall not apply -

(a) To any common carrier or contract carrier in respect to a

wool product shipped or delivered for shipment in commerce in the

ordinary course of its business; or

(b) To any person manufacturing, delivering for shipment,

shipping, selling, or offering for sale, for exportation from the

United States to any foreign country a wool product branded in

accordance with the specifications of the purchaser and in

accordance with the laws of such country.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 3, 54 Stat. 1129.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 68b, 68e, 68g, 68h of

this title.

-CITE-

15 USC Sec. 68b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68b. Misbranded wool products

-STATUTE-

(a) False identification; affixation of label, etc., contents

A wool product shall be misbranded -

(1) If it is falsely or deceptively stamped, tagged, labeled,

or otherwise identified.

(2) If a stamp, tag, label, or other means of identification,

or substitute therefor under section 68c of this title, is not on

or affixed to the wool product and does not show -

(A) the percentage of the total fiber weight of the wool

product, exclusive of ornamentation not exceeding 5 per centum

of said total fiber weight, of (1) wool; (2) recycled wool; (3)

each fiber other than wool if said percentage by weight of such

fiber is 5 per centum or more; and (4) the aggregate of all

other fibers: Provided, That deviation of the fiber contents of

the wool product from percentages stated on the stamp, tag,

label, or other means of identification, shall not be

misbranding under this section if the person charged with

misbranding proves such deviation resulted from unavoidable

variations in manufacture and despite the exercise of due care

to make accurate the statements on such stamp, tag, label, or

other means of identification.

(B) the maximum percentage of the total weight of the wool

product, of any nonfibrous loading, filling, or adulterating

matter.

(C) the name of the manufacturer of the wool product and/or

the name of one or more persons subject to section 68a of this

title with respect to such wool product.

(D) the name of the country where processed or manufactured.

(3) In the case of a wool product containing a fiber other than

wool, if the percentages by weight of the wool contents thereof

are not shown in words and figures plainly legible.

(4) In the case of a wool product represented as wool, if the

percentages by weight of the wool content thereof are not shown

in words and figures plainly legible, or if the total fiber

weight of such wool product if not 100 per centum wool exclusive

of ornamentation not exceeding 5 per centum of such total fiber

weight.

(b) Additional information

In addition to information required in this section, the stamp,

tag, label, or other means of identification, or substitute

therefor under section 68c of this title, may contain other

information not violating the provisions of this subchapter or the

rules and regulations of the Commission.

(c) Substitute identification

If any person subject to section 68a of this title with respect

to a wool product finds or has reasonable cause to believe its

stamp, tag, label, or other means of identification, or substitute

therefor under section 68c of this title, does not contain the

information required by this subchapter, he may replace same with a

substitute containing the information so required.

(d) Designations on linings, paddings, etc.

This section shall not be construed as requiring designation on

garments or articles of apparel of fiber content of any linings,

paddings, stiffening, trimmings, or facings, except those

concerning which express or implied representations of fiber

content are customarily made, nor as requiring designation of fiber

content of products which have an insignificant or inconsequential

textile content: Provided, That if any such article or product

purports to contain or in any manner is represented as containing

wool, this section shall be applicable thereto and the information

required shall be separately set forth and segregated.

The Commission, after giving due notice and opportunity to be

heard to interested persons, may determine and publicly announce

the classes of such articles concerning which express or implied

representations of fiber content are customarily made, and those

products which have an insignificant or inconsequential textile

content.

(e) False or deceptive advertising in mail order promotions

For the purposes of this subchapter, a wool product shall be

considered to be falsely or deceptively advertised in any mail

order promotional material which is used in the direct sale or

direct offering for sale of such wool product, unless such wool

product description states in a clear and conspicuous manner that

such wool product is processed or manufactured in the United States

of America, or imported, or both.

(f) Location of label, etc.

For purposes of this subchapter, any wool product shall be

misbranded if a stamp, tag, label, or other identification

conforming to the requirements of this section is not on or affixed

to the inside center of the neck midway between the shoulder seams

or, if such product does not contain a neck, in the most

conspicuous place on the inner side of such product, unless it is

on or affixed on the outer side of such product or in the case of

hosiery items, on the outer side of such product or package.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 4, 54 Stat. 1129; Pub. L. 96-242,

Sec. 2, May 5, 1980, 94 Stat. 344; Pub. L. 98-417, title III, Sec.

304, 305, Sept. 24, 1984, 98 Stat. 1604.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(2)(D). Pub. L. 98-417, Sec. 304, added subpar.

(D).

Subsecs. (e), (f). Pub. L. 98-417, Sec. 305, added subsecs. (e)

and (f).

1980 - Subsec. (a)(2)(A). Pub. L. 96-242 substituted ''recycled

wool'' for ''reprocessed wool'' as cl. (2), struck out cl. (3)

''reused wool'', and redesignated existing cls. (4) and (5) as (3)

and (4), respectively.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 307 of title III of Pub. L. 98-417 provided that: ''The

amendments made by this title (amending this section and sections

68c and 70b of this title) shall be effective ninety days after the

date of enactment of this Act (Sept. 24, 1984).''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-242 effective with respect to wool

products manufactured on or after the date sixty days after May 5,

1980, see section 3 of Pub. L. 96-242, set out as a note under

section 68 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 68c of this title.

-CITE-

15 USC Sec. 68c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68c. Stamp, tag, label, or other identification

-STATUTE-

(a) Affixing; retention until sale

Any person manufacturing for introduction, or first introducing

into commerce a wool product shall affix thereto the stamp, tag,

label, or other means of identification required by this

subchapter, and the same, or substitutes therefor containing

identical information with respect to content of the wool product

or any other products contained therein in an amount of 5 per

centum or more by weight and other information required under

section 68b of this title, shall be and remain affixed to such wool

product, whether it remains in its original state or is contained

in garments or other articles made in whole or in part therefrom,

until sold to the consumer: Provided, That the name of the

manufacturer of the wool product need not appear on the substitute

stamp, tag, or label if the name of the person who affixes the

substitute appears thereon.

(b) Removal or mutilation

Any person who shall cause or participate in the removal or

mutilation of any stamp, tag, label, or other means of

identification affixed to a wood (FOOTNOTE 1) product with intent

to violate the provisions of this subchapter, is guilty of an

unfair method of competition, and an unfair and deceptive act or

practice, in commerce within the meaning of the Federal Trade

Commission Act.

(FOOTNOTE 1) So in original. Probably should be ''wool''.

(c) Packages of wool products

For the purposes of subsections (a) and (b) of this section, any

package of wool products intended for sale to the ultimate consumer

shall also be considered a wool product and shall have affixed to

it a stamp, tag, label, or other means of identification bearing

the information required by section 68b of this title, with respect

to the wool products contained therein, unless such package of wool

products is transparent to the extent that it allows for the clear

reading of the stamp, tag, label, or other means of identification

affixed to the wool product, or in the case of hosiery items this

section shall not be construed as requiring the affixing of a

stamp, tag, label, or other means of identification to each hosiery

product contained in a package if (1) such hosiery products are

intended for sale to the ultimate consumer in such package, (2)

such package has affixed to it a stamp, tag, label, or other means

of identification bearing, with respect to the hosiery products

contained therein, the information required by section 68b of this

title, (FOOTNOTE 2) and (3) the information on the stamp, tag,

label, or other means of identification affixed to such package is

equally applicable with respect to each hosiery product contained

therein.

(FOOTNOTE 2) See Codification note.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 5, 54 Stat. 1130; Pub. L. 98-417,

title III, Sec. 306, Sept. 24, 1984, 98 Stat. 1605.)

-COD-

CODIFICATION

Section 68b of this title, the second time it appears in subsec.

(c), was in the original ''subsection (4)'' and was translated as

reading ''section 4'' as the probable intent of Congress.

-MISC3-

AMENDMENTS

1984 - Pub. L. 98-417 designated existing first and second pars.

as subsecs. (a) and (b), respectively, and added subsec. (c).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-417 effective 90 days after Sept. 24,

1984, see section 307 of Pub. L. 98-417, set out as a note under

section 68b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 68b, 68e, 68h of this

title.

-CITE-

15 USC Sec. 68d 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68d. Enforcement of subchapter

-STATUTE-

(a) Authority of Commission

Except as otherwise specifically provided herein, this subchapter

shall be enforced by the Federal Trade Commission under rules,

regulations, and procedure provided for in the Federal Trade

Commission Act.

The Commission is authorized and directed to prevent any person

from violating the provisions of this subchapter in the same

manner, by the same means, and with the same jurisdiction, powers,

and duties as though all applicable terms and provisions of the

Federal Trade Commission Act were incorporated into and made a part

of this subchapter; and any such person violating the provisions of

this subchapter shall be subject to the penalties and entitled to

the privileges and immunities provided in said Federal Trade

Commission Act in the same manner, by the same means, and with the

same jurisdiction, powers, and duties as though the applicable

terms and provisions of the Federal Trade Commission Act were

incorporated into and made a part of this subchapter.

The Commission is authorized and directed to make rules and

regulations for the manner and form of disclosing information

required by this subchapter, and for segregation of such

information for different portions of a wool product as may be

necessary to avoid deception or confusion, and to make such further

rules and regulations under and in pursuance of the terms of this

subchapter as may be necessary and proper for administration and

enforcement.

The Commission is also authorized to cause inspections, analyses,

tests, and examinations to be made of any wool products subject to

this subchapter; and to cooperate with any department or agency of

the Government, with any State, Territory, or possession, or with

the District of Columbia; or with any department, agency, or

political subdivision thereof; or with any person.

(b) Maintenance of records by wool manufacturers

Every manufacturer of wool products shall maintain proper records

showing the fiber content as required by this subchapter of all

wool products made by him, and shall preserve such records for at

least three years.

The neglect or refusal to maintain and so preserve such records

is unlawful, and any such manufacturer who neglects or refuses to

maintain and so preserve such records shall forfeit to the United

States the sum of $100 for each day of such failure, which shall

accrue to the United States and be recoverable in a civil action.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 6, 54 Stat. 1131.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 68e 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68e. Condemnation and injunction proceedings

-STATUTE-

(a) Grounds for condemnation; disposition of merchandise

Any wool products shall be liable to be proceeded against in the

district court of the United States for the district in which

found, and to be seized for confiscation by process of libel for

condemnation, if the Commission has reasonable cause to believe

such wool products are being manufactured or held for shipment, or

shipped, or held for sale or exchange after shipment, in commerce

in violation of the provisions of this subchapter, and if after

notice from the Commission the provisions of this subchapter with

respect to said products are not shown to be complied with.

Proceedings in such libel cases shall conform as nearly as may be

to suits in rem in admiralty, and may be brought by the Commission.

If such wool products are condemned by the court, they shall be

disposed of, in the discretion of the court, by destruction; by

sale; by delivery to the owner or claimant thereof upon payment of

legal costs and charges and upon execution of good and sufficient

bond to the effect that such wool products will not be disposed of

until properly stamped, tagged, labeled, or otherwise identified

under the provisions of this subchapter; or by such charitable

disposition as the court may deem proper. If such wool products

are disposed of by sale, the proceeds, less legal costs and

charges, shall be paid into the Treasury of the United States.

(b) Grounds for temporary injunction or restraining order; issuance

without bond

Whenever the Commission has reason to believe that -

(1) Any person is violating, or is about to violate, sections

68a, 68c, 68f, or 68g of this title, and that

(2) It would be to the public interest to enjoin such violation

until complaint is issued by the Commission under the Federal

Trade Commission Act and such complaint dismissed by the

Commission or set aside by the court on review, or until order to

cease and desist made thereon by the Commission has become final

within the meaning of the Federal Trade Commission Act,

the Commission may bring suit in the district court of the United

States or in the United States court of any Territory, for the

district or Territory in which such person resides or transacts

business, to enjoin such violation, and upon proper showing a

temporary injunction or restraining order shall be granted without

bond.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 7, 54 Stat. 1131.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 68f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68f. Exclusion of misbranded wool products

-STATUTE-

All wool products imported into the United States, except those

made more than twenty years prior to such importation, shall be

stamped, tagged, labeled, or otherwise identified in accordance

with the provisions of this subchapter and all invoices of such

wool products required under the Act of June 17, 1930 (c. 497,

title IV, 46 Stat. 719), shall set forth, in addition to the matter

therein specified, the information with respect to said wool

products required under the provisions of this subchapter, which

information shall be in the invoices prior to their certification

under said Act of June 17, 1930.

The falsification of, or failure to set forth, said information

in said invoices, or the falsification or perjury of the

consignee's declaration provided for in said Act of June 17, 1930,

insofar as it relates to said information, shall be an unfair

method of competition, and an unfair and deceptive act, or

practice, in commerce under the Federal Trade Commission Act; and

any person who falsifies, or fails to set forth, said information

in said invoices, or who falsifies or perjures said consignee's

declaration insofar as it relates to said information, may

thenceforth be prohibited by the Commission from importing, or

participating in the importation of, any wool products into the

United States except upon filing bond with the Secretary of the

Treasury in a sum double the value of said wool products and any

duty thereon, conditioned upon compliance with the provisions of

this subchapter.

A verified statement from the manufacturer or producer of such

wool products showing their fiber content as required under the

provisions of this subchapter may be required under regulations

prescribed by the Secretary of the Treasury.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 8, 54 Stat. 1132.)

-REFTEXT-

REFERENCES IN TEXT

Provisions covering invoices of wool products required under the

Act of June 17, 1930 (c. 497, title IV, 46 Stat. 719), referred to

in text, are set out as section 1481 et seq. of Title 19, Customs

Duties.

Provisions covering certification of invoices under the Act of

June 17, 1930, referred to in text, are set out as section 1482 of

Title 19.

Provisions covering the consignee's declaration under the Act of

June 17, 1930, referred to in text, are set out in section 1485 of

Title 19.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 68e, 68h of this title.

-CITE-

15 USC Sec. 68g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68g. Guaranty

-STATUTE-

(a) Avoidance of liability; requirements

No person shall be guilty under section 68a of this title if he

establishes a guaranty received in good faith signed by and

containing the name and address of the person residing in the

United States by whom the wool product guaranteed was manufactured

and/or from whom it was received, that said wool product is not

misbranded under the provisions of this subchapter.

Said guaranty shall be either (1) a separate guaranty

specifically designating the wool product guaranteed, in which case

it may be on the invoice or other paper relating to said wool

product; or (2) a continuing guaranty filed with the Commission

applicable to all wool products handled by a guarantor in such form

as the Commission by rules and regulations may prescribe.

(b) Furnishing false guaranty

Any person who furnishes a false guaranty, except a person

relying upon a guaranty to the same effect received in good faith

signed by and containing the name and address of the person

residing in the United States by whom the wool product guaranteed

was manufactured and/or from whom it was received, with reason to

believe the wool product falsely guaranteed may be introduced,

sold, transported, or distributed in commerce, is guilty of an

unfair method of competition, and an unfair and deceptive act or

practice, in commerce within the meaning of the Federal Trade

Commission Act.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 9, 54 Stat. 1132.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 68e, 68h of this title.

-CITE-

15 USC Sec. 68h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68h. Criminal penalty

-STATUTE-

Any person who willfully violates sections 68a, 68c, 68f, or

68g(b) of this title shall be guilty of a misdemeanor and upon

conviction shall be fined not more than $5,000, or be imprisoned

not more than one year, or both, in the discretion of the court:

Provided, That nothing herein shall limit other provisions of this

subchapter.

Whenever the Commission has reason to believe any person is

guilty of a misdemeanor under this section, it shall certify all

pertinent facts to the Attorney General, whose duty it shall be to

cause appropriate proceedings to be brought for the enforcement of

the provisions of this section against such person.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 10, 54 Stat. 1133.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 68i 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68i. Application of other laws

-STATUTE-

The provision of this subchapter shall be held to be in addition

to, and not in substitution for or limitation of, the provisions of

any other Act of the United States.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 11, 54 Stat. 1133.)

-CITE-

15 USC Sec. 68j 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-

Sec. 68j. Exceptions from subchapter

-STATUTE-

None of the provisions of this subchapter shall be construed to

apply to the manufacture, delivery for shipment, shipment, sale, or

offering for sale any carpets, rugs, mats, or upholsteries, nor to

any person manufacturing, delivering for shipment, shipping,

selling, or offering for sale any carpets, rugs, mats, or

upholsteries.

-SOURCE-

(Oct. 14, 1940, ch. 871, Sec. 14, 54 Stat. 1133.)

-CITE-

15 USC SUBCHAPTER IV - LABELING OF FUR PRODUCTS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

.

-HEAD-

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 70b of this title.

-CITE-

15 USC Sec. 69 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69. Definitions

-STATUTE-

As used in this subchapter -

(a) The term ''person'' means an individual, partnership,

corporation, association, business trust, or any organized group of

any of the foregoing.

(b) The term ''fur'' means any animal skin or part thereof with

hair, fleece, or fur fibers attached thereto, either in its raw or

processed state, but shall not include such skins as are to be

converted into leather or which in processing shall have the hair,

fleece, or fur fiber completely removed.

(c) The term ''used fur'' means fur in any form which has been

worn or used by an ultimate consumer.

(d) The term ''fur product'' means any article of wearing apparel

made in whole or in part of fur or used fur; except that such term

shall not include such articles (other than any dog or cat fur

product to which section 1308 of title 19 applies) as the

Commission shall exempt by reason of the relatively small quantity

or value of the fur or used fur contained therein.

(e) The term ''waste fur'' means the ears, throats, or scrap

pieces which have been severed from the animal pelt, and shall

include mats or plates made therefrom.

(f) The term ''invoice'' means a written account, memorandum,

list, or catalog, which is issued in connection with any commercial

dealing in fur products or furs, and describes the particulars of

any fur products or furs, transported or delivered to a purchaser,

consignee, factor, bailee, correspondent, or agent, or any other

person who is engaged in dealing commercially in fur products or

furs.

(g) The term ''Commission'' means the Federal Trade Commission.

(h) The term ''Federal Trade Commission Act'' means the Act

entitled ''An Act to create a Federal Trade Commission, to define

its powers and duties, and for other purposes'', approved September

26, 1914, as amended (15 U.S.C. 41 et seq.).

(i) The term ''Fur Products Name Guide'' means the register

issued by the Commission pursuant to section 69e of this title.

(j) The term ''commerce'' means commerce between any State,

Territory, or possession of the United States, or the District of

Columbia, and any place outside thereof; or between points within

the same State, Territory, or possession, or the District of

Columbia, but through any place outside thereof; or within any

Territory or possession or the District of Columbia.

(k) The term ''United States'' means the several States, the

District of Columbia, and the Territories and possessions of the

United States.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 2, 65 Stat. 175; Pub. L. 106-476,

title I, Sec. 1443(b), Nov. 9, 2000, 114 Stat. 2167.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-476 inserted ''(other than any

dog or cat fur product to which section 1308 of title 19 applies)''

after ''shall not include such articles''.

EFFECTIVE DATE

Section 14 of act Aug. 8, 1951, provided that: ''This Act (this

subchapter), except section 7 (section 69e of this title), shall

take effect one year after the date of its enactment (Aug. 8,

1951).''

SHORT TITLE

Section 1 of act Aug. 8, 1951, provided: ''That this Act (this

subchapter) may be cited as the 'Fur Products Labeling Act' ''.

SEPARABILITY

Section 13 of act Aug. 8, 1951, provided that: ''If any provision

of this Act (this subchapter) or the application thereof to any

person or circumstance is held invalid, the remainder of the Act

(this subchapter) and the application of such provision to any

other person or circumstance shall not be affected thereby.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 69a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69a. Violations of Federal Trade Commission Act

-STATUTE-

(a) Introduction or manufacture for introduction into commerce,

sale, advertising or offering for sale in commerce

The introduction, or manufacture for introduction, into commerce,

or the sale, advertising or offering for sale in commerce, or the

transportation or distribution in commerce, of any fur product

which is misbranded or falsely or deceptively advertised or

invoiced, within the meaning of this subchapter or the rules and

regulations prescribed under section 69f(b) of this title, is

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) Manufacture for sale, sale, advertising, offering for sale,

transportation or distribution

The manufacture for sale, sale, advertising, offering for sale,

transportation or distribution, of any fur product which is made in

whole or in part of fur which has been shipped and received in

commerce, and which is misbranded or falsely or deceptively

advertised or invoiced, within the meaning of this subchapter or

the rules and regulations prescribed under section 69f(b) of this

title, is 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.).

(c) Introduction into commerce, sale, advertising or offering for

sale in commerce or transportation or distribution

The introduction into commerce, or the sale, advertising or

offering for sale in commerce, or the transportation or

distribution in commerce, of any fur which is falsely or

deceptively advertised or falsely or deceptively invoiced, within

the meaning of this subchapter or the rules and regulations

prescribed under section 69f(b) of this title, is 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.).

(d) Removal or mutilation of label

Except as provided in subsection (e) of this section, it shall be

unlawful to remove or mutilate, or cause or participate in the

removal or mutilation of, prior to the time any fur product is sold

and delivered to the ultimate consumer, any label required by this

subchapter to be affixed to such fur product, and any person

violating this subsection is guilty of an unfair method of

competition, and an unfair or deceptive act or practice, in

commerce under the Federal Trade Commission Act (15 U.S.C. 41 et

seq.).

(e) Substitution of labels; records

Any person introducing, selling, advertising, or offering for

sale, in commerce, or processing for commerce, a fur product, or

any person selling, advertising, offering for sale or processing a

fur product which has been shipped and received in commerce, may

substitute for the label affixed to such product pursuant to

section 69b of this title, a label conforming to the requirements

of such section, and such label may show in lieu of the name or

other identification shown pursuant to section 69b(2)(E) of this

title on the label so removed, the name or other identification of

the person making the substitution. Any person substituting a

label shall keep such records as will show the information set

forth on the label that he removed and the name or names of the

person or persons from whom such fur product was received, and

shall preserve such records for at least three years. Neglect or

refusal to maintain and preserve such records is unlawful, and any

person who shall fail to maintain and preserve such records shall

forfeit to the United States the sum of $100 for each day of such

failure which shall accrue to the United States and be recoverable

by a civil action. Any person substituting a label who shall fail

to keep and preserve such records, or who shall by such

substitution misbrand a fur product, shall be guilty of an unfair

method of competition, and an unfair or deceptive act or practice,

in commerce under the Federal Trade Commission Act (15 U.S.C. 41 et

seq.).

(f) Application of section to common carrier or freight forwarder

Subsections (a), (b), and (c) of this section shall not apply to

any common carrier, contract carrier or freight forwarder in

respect of a fur product or fur shipped, transported, or delivered

for shipment in commerce in the ordinary course of business.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 3, 65 Stat. 176.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in section

catchline and subsecs. (a) to (e), is act Sept. 26, 1914, ch. 311,

38 Stat. 717, as amended, which is classified generally to

subchapter I (Sec. 41 et seq.) of this chapter. For complete

classification of this Act to the Code, see section 58 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 69f, 69g, 69h, 69i of

this title.

-CITE-

15 USC Sec. 69b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69b. Misbranded fur products

-STATUTE-

For the purposes of this subchapter, a fur product shall be

considered to be misbranded -

(1) if it is falsely or deceptively labeled or otherwise

falsely or deceptively identified, or if the label contains any

form of misrepresentation or deception, directly or by

implication, with respect to such fur product;

(2) if there is not affixed to the fur product a label showing

in words and figures plainly legible -

(A) the name or names (as set forth in the Fur Products Name

Guide) of the animal or animals that produced the fur, and such

qualifying statement as may be required pursuant to section

69e(c) of this title;

(B) that the fur product contains or is composed of used fur,

when such is the fact;

(C) that the fur product contains or is composed of bleached,

dyed, or otherwise artificially colored fur, when such is the

fact;

(D) that the fur product is composed in whole or in

substantial part of paws, tails, bellies, or waste fur, when

such is the fact;

(E) the name, or other identification issued and registered

by the Commission, of one or more of the persons who

manufacture such fur product for introduction into commerce,

introduce it into commerce, sell it in commerce, advertise or

offer it for sale in commerce, or transport or distribute it in

commerce;

(F) the name of the country of origin of any imported furs

used in the fur product;

(3) if the label required by paragraph (2)(A) of this section

sets forth the name or names of any animal or animals other than

the name or names provided for in such paragraph.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 4, 65 Stat. 177.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 69a, 69d of this title.

-CITE-

15 USC Sec. 69c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69c. False advertising and invoicing

-STATUTE-

(a) For the purposes of this subchapter, a fur product or fur

shall be considered to be falsely or deceptively advertised if any

advertisement, representation, public announcement, or notice which

is intended to aid, promote, or assist directly or indirectly in

the sale or offering for sale of such fur product or fur -

(1) does not show the name or names (as set forth in the Fur

Products Name Guide) of the animal or animals that produced the

fur, and such qualifying statement as may be required pursuant to

section 69e(c) of this title;

(2) does not show that the fur is used fur or that the fur

product contains used fur, when such is the fact;

(3) does not show that the fur product or fur is bleached,

dyed, or otherwise artificially colored fur when such is the

fact;

(4) does not show that the fur product is composed in whole or

in substantial part of paws, tails, bellies, or waste fur, when

such is the fact;

(5) contains the name or names of any animal or animals other

than the name or names specified in paragraph (1) of this

subsection, or contains any form of misrepresentation or

deception, directly or by implication, with respect to such fur

product or fur;

(6) does not show the name of the country of origin of any

imported furs or those contained in a fur product.

(b) For the purposes of this subchapter, a fur product or fur

shall be considered to be falsely or deceptively invoiced -

(1) if such fur product or fur is not invoiced to show -

(A) the name or names (as set forth in the Fur Products Name

Guide) of the animal or animals that produced the fur, and such

qualifying statement as may be required pursuant to section

69e(c) of this title;

(B) that the fur product contains or is composed of used fur,

when such is the fact;

(C) that the fur product contains or is composed of bleached,

dyed, or otherwise artificially colored fur, when such is the

fact;

(D) that the fur product is composed in whole or in

substantial part of paws, tails, bellies, or waste fur, when

such is the fact;

(E) the name and address of the person issuing such invoice;

(F) the name of the country of origin of any imported furs or

those contained in a fur product;

(2) if such invoice contains the name or names of any animal or

animals other than the name or names specified in paragraph

(1)(A) of this subsection, or contains any form of

misrepresentation or deception, directly or by implication, with

respect to such fur product or fur.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 5, 65 Stat. 178.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 69d of this title.

-CITE-

15 USC Sec. 69d 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69d. Fur products imported into United States

-STATUTE-

(a) Necessity of proper labelling; additional information

Fur products imported into the United States shall be labeled so

as not to be misbranded within the meaning of section 69b of this

title; and all invoices of fur products and furs required under

title IV of the Tariff Act of 1930, as amended (19 U.S.C. 1401 et

seq.), shall set forth, in addition to the matters therein

specified, information conforming with the requirements of section

69c(b) of this title, which information shall be included in the

invoices prior to their certification under the Tariff Act of 1930,

as amended (19 U.S.C. 1202 et seq.).

(b) Violations of Federal Trade Commission Act

The falsification of, or failure to set forth, said information

in said invoices, or the falsification or perjury of the

consignee's declaration provided for in the Tariff Act of 1930, as

amended (19 U.S.C. 1202 et seq.), insofar as it relates to said

information, 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.); and any person who

falsifies, or fails to set forth, said information in said

invoices, or who falsifies or perjures said consignee's declaration

insofar as it relates to said information, may thenceforth be

prohibited by the Commission from importing, or participating in

the importation of, any fur products or furs into the United States

except upon filing bond with the Secretary of the Treasury in a sum

double the value of said fur products and furs, and any duty

thereon, conditioned upon compliance with the provisions of this

section.

(c) Verified statement of compliance

A verified statement from the manufacturer, producer of, or

dealer in, imported fur products and furs showing information

required under the provisions of this subchapter may be required

under regulations prescribed by the Secretary of the Treasury.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 6, 65 Stat. 178.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in subsecs. (a) and (b), is

act June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is

classified generally to chapter 4 (Sec. 1202 et seq.) of Title 19,

Customs Duties. Title IV of the Tariff Act of 1930 is classified

generally to subtitle III (Sec. 1401 et seq.) of chapter 4 of Title

19. For complete classification of this Act to the Code, see

section 1654 of Title 19 and Tables.

The Federal Trade Commission Act, referred to in subsec. (b), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 69f, 69g, 69i of this

title.

-CITE-

15 USC Sec. 69e 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69e. Name guide for fur products

-STATUTE-

(a) Fur Products Name Guide

The Commission shall, with the assistance and cooperation of the

Department of Agriculture and the Department of the Interior,

within six months after August 8, 1951, issue, after holding public

hearings, a register setting forth the names of hair, fleece, and

fur-bearing animals, which shall be known as the Fur Products Name

Guide. The names used shall be the true English names for the

animals in question, or in the absence of a true English name for

an animal, the name by which such animal can be properly identified

in the United States.

(b) Additions and deletions; public hearing

The Commission may, from time to time, with the assistance and

cooperation of the Department of Agriculture and Department of the

Interior, after holding public hearings, add to or delete from such

register the name of any hair, fleece, or fur-bearing animal.

(c) Prevention of confusion or deception

If the name of an animal (as set forth in the Fur Products Name

Guide) connotes a geographical origin or significance other than

the true country or place of origin of such animal, the Commission

may require whenever such name is used in setting forth the

information required by this subchapter, such qualifying statements

as it may deem necessary to prevent confusion or deception.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 7, 65 Stat. 179.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 69b, 69c of this title.

-CITE-

15 USC Sec. 69f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69f. Enforcement of subchapter

-STATUTE-

(a) Enforcement by Federal Trade Commission

(1) Except as otherwise specifically provided in this subchapter,

sections 69a, 69d, and 69h(b) of this title shall be enforced by

the Federal Trade Commission under rules, regulations, and

procedure provided for in the Federal Trade Commission Act (15

U.S.C. 41 et seq.).

(2) The Commission is authorized and directed to prevent any

person from violating the provisions of sections 69a, 69d, and

69h(b) of this title in the same manner, by the same means, and

with the same jurisdiction, powers, and duties as though all

applicable terms and provisions of the Federal Trade Commission Act

(15 U.S.C. 41 et seq.) were incorporated into and made a part of

this subchapter; and any such person violating any provision of

section 69a, 69d, or 69h(b) of this title shall be subject to the

penalties and entitled to the privileges and immunities provided in

said Federal Trade Commission Act as though the applicable terms

and provisions of the said Act were incorporated into and made a

part of this subchapter.

(b) Rules and regulations for disclosure of information

The Commission is authorized and directed to prescribe rules and

regulations governing the manner and form of disclosing information

required by this subchapter, and such further rules and regulations

as may be necessary and proper for purposes of administration and

enforcement of this subchapter.

(c) Inspection, analysis, tests for fur products; cooperation with

other governmental agencies

The Commission is authorized (1) to cause inspections, analyses,

tests, and examinations to be made of any fur product or fur

subject to this subchapter; and (2) to cooperate, on matters

related to the purposes of this subchapter, with any department or

agency of the Government; with any State, Territory, or possession,

or with the District of Columbia; or with any department, agency,

or political subdivision thereof; or with any person.

(d) Maintenance of records by manufacturer or dealer

(1) Every manufacturer or dealer in fur products or furs shall

maintain proper records showing the information required by this

subchapter with respect to all fur products or furs handled by him,

and shall preserve such records for at least three years.

(2) The neglect or refusal to maintain and preserve such records

is unlawful, and any such manufacturer or dealer who neglects or

refuses to maintain and preserve such records shall forfeit to the

United States the sum of $100 for each day of such failure which

shall accrue to the United States and be recoverable by a civil

action.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 8, 65 Stat. 179.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (a), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 69a of this title.

-CITE-

15 USC Sec. 69g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69g. Condemnation and injunction proceedings

-STATUTE-

(a) Grounds for condemnation; disposition of merchandise

(1) Any fur product or fur shall be liable to be proceeded

against in the district court of the United States for the district

in which found, and to be seized for confiscation by process of

libel for condemnation, if the Commission has reasonable cause to

believe such fur product or fur is being manufactured or held for

shipment, or shipped, or held for sale or exchange after shipment,

in commerce, in violation of the provisions of this subchapter, and

if after notice from the Commission the provisions of this

subchapter with respect to such fur product or fur are not shown to

be complied with. Proceedings in such libel cases shall conform as

nearly as may be to suits in rem in admiralty, and may be brought

by the Commission.

(2) If such fur products or furs are condemned by the court, they

shall be disposed of, in the discretion of the court, by

destruction, by sale, by delivery to the owner or claimant thereof

upon payment of legal costs and charges and upon execution of good

and sufficient bond to the effect that such fur or fur products

will not be disposed of until properly marked, advertised, and

invoiced as required under the provisions of this subchapter; or by

such charitable disposition as the court may deem proper. If such

furs or fur products are disposed of by sale, the proceeds, less

legal costs and charges, shall be paid into the Treasury of the

United States as miscellaneous receipts.

(b) Grounds for temporary injunction or restraining order; issuance

without bond

Whenever the Commission has reason to believe that -

(1) any person is volating, (FOOTNOTE 1) or is about to

violate, section 69a, 69d, or 69h(b) of this title; and

(FOOTNOTE 1) So in original. Probably should be ''violating,''.

(2) it would be to the public interest to enjoin such violation

until complaint is issued by the Commission under the Federal

Trade Commission Act (15 U.S.C. 41 et seq.) and such complaint

dismissed by the Commission or set aside by the court on review,

or until order to cease and desist made thereon by the Commission

has become final within the meaning of said Act,

the Commission may bring suit in the district court of the United

States or in the United States court of any Territory, for the

district or Territory in which such person resides or transacts

business, to enjoin such violation, and upon proper showing a

temporary injunction or restraining order shall be granted without

bond.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 9, 65 Stat. 180.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (b)(2),

is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 69h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69h. Guaranty

-STATUTE-

(a) Avoidance of liability; requirements

No person shall be guilty under section 69a of this title if he

establishes a guaranty received in good faith signed by and

containing the name and address of the person residing in the

United States by whom the fur product or fur guaranteed was

manufactured or from whom it was received, that said fur product is

not misbranded or that said fur product or fur is not falsely

advertised or invoiced under the provisions of this subchapter.

Such guaranty shall be either (1) a separate guaranty specifically

designating the fur product or fur guaranteed, in which case it may

be on the invoice or other paper relating to such fur product or

fur; or (2) a continuing guaranty filed with the Commission

applicable to any fur product or fur handled by a guarantor, in

such form as the Commission by rules and regulations may prescribe.

(b) Furnishing false guaranty

It shall be unlawful for any person to furnish, with respect to

any fur product or fur, a false guaranty (except a person relying

upon a guaranty to the same effect received in good faith signed by

and containing the name and address of the person residing in the

United States by whom the fur product or fur guaranteed was

manufactured or from whom it was received) with reason to believe

the fur product or fur falsely guaranteed may be introduced, sold,

transported, or distributed in commerce, and any person who

violates the provisions of this subsection is guilty of an unfair

method of competition, and an unfair or deceptive act or practice,

in commerce within the meaning of the Federal Trade Commission Act

(15 U.S.C. 41 et seq.).

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 10, 65 Stat. 181.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (b), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 69f, 69g, 69i of this

title.

-CITE-

15 USC Sec. 69i 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69i. Criminal penalty

-STATUTE-

(a) Any person who willfully violates section 69a, 69d, or 69h(b)

of this title shall be guilty of a misdemeanor and upon conviction

shall be fined not more than $5,000, or be imprisoned not more than

one year, or both, in the discretion of the court.

(b) Whenever the Commission has reason to believe any person is

guilty of a misdemeanor under this section, it shall certify all

pertinent facts to the Attorney General, whose duty it shall be to

cause appropriate proceedings to be brought for the enforcement of

the provisions of this section against such person.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 11, 65 Stat. 181.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Federal Trade Commission, with

certain exceptions, to Chairman of such Commission, see Reorg. Plan

No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.

1264, set out under section 41 of this title.

-CITE-

15 USC Sec. 69j 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-

Sec. 69j. Application of other laws

-STATUTE-

The provisions of this subchapter shall be held to be in addition

to, and not in substitution for or limitation of, the provisions of

any other Act of Congress.

-SOURCE-

(Aug. 8, 1951, ch. 298, Sec. 12, 65 Stat. 181.)

-CITE-

15 USC SUBCHAPTER V - TEXTILE FIBER PRODUCTS

IDENTIFICATION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

.

-HEAD-

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-CITE-

15 USC Sec. 70 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70. Definitions

-STATUTE-

As used in this subchapter -

(a) The term ''person'' means an individual, partnership,

corporation, association or any other form of business enterprise.

(b) The term ''fiber'' or ''textile fiber'' means a unit of

matter which is capable of being spun into a yarn or made into a

fabric by bonding or by interlacing in a variety of methods

including weaving, knitting, braiding, felting, twisting, or

webbing, and which is the basic structural element of textile

products.

(c) The term ''natural fiber'' means any fiber that exists as

such in the natural state.

(d) The term ''manufactured fiber'' means any fiber derived by a

process of manufacture from any substance which, at any point in

the manufacturing process, is not a fiber.

(e) The term ''yarn'' means a strand of textile fiber in a form

suitable for weaving, knitting, braiding, felting, webbing, or

otherwise fabricating into a fabric.

(f) The term ''fabric'' means any material woven, knitted,

felted, or otherwise produced from, or in combination with, any

natural or manufactured fiber, yarn, or substitute therefor.

(g) The term ''household textile articles'' means articles of

wearing apparel, costumes and accessories, draperies, floor

coverings, furnishings, beddings, and other textile goods of a type

customarily used in a household regardless of where used in fact.

(h) The term ''textile fiber product'' means -

(1) any fiber, whether in the finished or unfinished state,

used or intended for use in household textile articles;

(2) any yarn or fabric, whether in the finished or unfinished

state, used or intended for use in household textile articles;

and

(3) any household textile article made in whole or in part of

yarn or fabric;

except that such term does not include a product required to be

labeled under the Wool Products Labeling Act of 1939 (15 U.S.C. 68

et seq.).

(i) The term ''affixed'' means attached to the textile fiber

product in any manner.

(j) The term ''Commission'' means the Federal Trade Commission.

(k) The term ''commerce'' means commerce among the several States

or with foreign nations, or in any Territory of the United States

or in the District of Columbia, or between any such Territory and

another, or between any such Territory and any State or foreign

nation or between the District of Columbia and any State or

Territory or foreign nation.

(l) The term ''Territory'' includes the insular possessions of

the United States, and also any Territory of the United States.

(m) The term ''ultimate consumer'' means a person who obtains a

textile fiber product by purchase or exchange with no intent to

sell or exchange such textile fiber product in any form.

-SOURCE-

(Pub. L. 85-897, Sec. 2, Sept. 2, 1958, 72 Stat. 1717.)

-REFTEXT-

REFERENCES IN TEXT

The Wool Products Labeling Act of 1939, referred to in subsec.

(h)(3), is act Oct. 14, 1940, ch. 871, 54 Stat. 1128, as amended,

which is classified generally to subchapter III (Sec. 68 et seq.)

of this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 68 of this title

and Tables.

-MISC2-

EFFECTIVE DATE

Section 15 of Pub. L. 85-897 provided that: ''This Act (this

subchapter) shall take effect eighteen months after enactment

(Sept. 2, 1958), except for the promulgation of rules and

regulations by the Commission, which shall be promulgated within

nine months after the enactment of this Act. The Commission shall

provide for the exception of any textile fiber product acquired

prior to the effective date of this Act.''

SHORT TITLE

Section 1 of Pub. L. 85-897 provided: ''That this Act (this

subchapter) may be cited as the 'Textile Fiber Products

Identification Act'.''

SEPARABILITY

Section 13 of Pub. L. 85-897 provided that: ''If any provision of

this Act (this subchapter), or the application thereof to any

person, as that term is herein defined, is held invalid, the

remainder of the Act and the application of the remaining

provisions to any person shall not be affected thereby.''

-CITE-

15 USC Sec. 70a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70a. Violations of Federal Trade Commission Act

-STATUTE-

(a) Introduction or manufacture for introduction into commerce,

sale, advertising or offering for sale in commerce

The introduction, delivery for introduction, manufacture for

introduction, sale, advertising, or offering for sale, in commerce,

or the transportation or causing to be transported in commerce, or

the importation into the United States, of any textile fiber

product which is misbranded or falsely or deceptively advertised

within the meaning of this subchapter or the rules and regulations

promulgated thereunder, is 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) Sale, offering for sale, advertising, delivery, transportation

of products advertised for sale in commerce

The sale, offering for sale, advertising, delivery,

transportation, or causing to be transported, of any textile fiber

product which has been advertised or offered for sale in commerce,

and which is misbranded or falsely or deceptively advertised,

within the meaning of this subchapter or the rules and regulations

promulgated thereunder, is 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.).

(c) Sale, offering for sale, advertising, delivery, transportation

of products after shipment in commerce

The sale, offering for sale, advertising, delivery,

transportation, or causing to be transported, after shipment in

commerce, of any textile fiber product, whether in its original

state or contained in other textile fiber products, which is

misbranded or falsely or deceptively advertised, within the meaning

of this subchapter or the rules and regulations promulgated

thereunder, is 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.).

(d) Application of section to common carrier, freight forwarder,

etc.

This section shall not apply -

(1) to any common carrier or contract carrier or freight

forwarder with respect to a textile fiber product received,

shipped, delivered, or handled by it for shipment in the ordinary

course of its business;

(2) to any processor or finisher in performing a contract for

the account of a person subject to the provisions of this

subchapter if the processor or finisher does not change the

textile fiber content of the textile fiber product contrary to

the terms of such contract;

(3) with respect to the manufacture, delivery for

transportation, transportation, sale, or offering for sale of a

textile fiber product for exportation from the United States to

any foreign country;

(4) to any publisher or other advertising agency or medium for

the dissemination of advertising or promotional material, except

the manufacturer, distributor, or seller of the textile fiber

product to which the false or deceptive advertisement relates, if

such publisher or other advertising agency or medium furnishes to

the Commission, upon request, the name and post office address of

the manufacturer, distributor, seller, or other person residing

in the United States, who caused the dissemination of the

advertising material; or

(5) to any textile fiber product until such product has been

produced by the manufacturer or processor in the form intended

for sale or delivery to, or for use by, the ultimate consumer:

Provided, That this exemption shall apply only if such textile

fiber product is covered by an invoice or other paper relating to

the marketing or handling of the textile fiber product and such

invoice or paper correctly discloses the information with respect

to the textile fiber product which would otherwise be required

under section 70b of this title to be on the stamp, tag, label,

or other identification and the name and address of the person

issuing the invoice or paper.

-SOURCE-

(Pub. L. 85-897, Sec. 3, Sept. 2, 1958, 72 Stat. 1718.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsecs. (a) to

(c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,

which is classified generally to subchapter I (Sec. 41 et seq.) of

this chapter. For complete classification of this Act to the Code,

see section 58 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70b, 70f, 70h, 70i of

this title.

-CITE-

15 USC Sec. 70b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70b. Misbranded and falsely advertised textile fiber products

-STATUTE-

(a) False or deceptive identification

Except as otherwise provided in this subchapter, a textile fiber

product shall be misbranded if it is falsely or deceptively

stamped, tagged, labeled, invoiced, advertised, or otherwise

identified as to the name or amount of constituent fibers contained

therein.

(b) Stamp, tag, label or other means of identification; contents

Except as otherwise provided in this subchapter, a textile fiber

product shall be misbranded if a stamp, tag, label, or other means

of identification, or substitute therefor authorized by section 70c

of this title, is not on or affixed to the product showing in words

and figures plainly legible, the following:

(1) The constituent fiber or combination of fibers in the

textile fiber product, designating with equal prominence each

natural or manufactured fiber in the textile fiber product by its

generic name in the order of predominance by the weight thereof

if the weight of such fiber is 5 per centum or more of the total

fiber weight of the product, but nothing in this section shall be

construed as prohibiting the use of a nondeceptive trademark in

conjunction with a designated generic name: Provided, That

exclusive of permissible ornamentation, any fiber or group of

fibers present in an amount of 5 per centum or less by weight of

the total fiber content shall not be designated by the generic

name or the trademark of such fiber or fibers, but shall be

designated only as ''other fiber'' or ''other fibers'' as the

case may be, but nothing in this section shall be construed as

prohibiting the disclosure of any fiber present in a textile

fiber product which has a clearly established and definite

functional significance where present in the amount contained in

such product.

(2) The percentage of each fiber present, by weight, in the

total fiber content of the textile fiber product, exclusive of

ornamentation not exceeding 5 per centum by weight of the total

fiber content: Provided, That, exclusive of permissible

ornamentation, any fiber or group of fibers present in an amount

of 5 per centum or less by weight of the total fiber content

shall not be designated by the generic name or trademark of such

fiber or fibers, but shall be designated only as ''other fiber''

or ''other fibers'' as the case may be but nothing in this

section shall be construed as prohibiting the disclosure of any

fiber present in a textile fiber product which has a clearly

established and definite functional significance where present in

the amount stated: Provided further, That in the case of a

textile fiber product which contains more than one kind of fiber,

deviation in the fiber content of any fiber in such product, from

the amount stated on the stamp, tag, label, or other

identification shall not be a misbranding under this section

unless such deviation is in excess of reasonable tolerances which

shall be established by the Commission: And provided further,

That any such deviation which exceeds said tolerances shall not

be a misbranding if the person charged proves that the deviation

resulted from unavoidable variations in manufacture and despite

due care to make accurate the statements on the tag, stamp,

label, or other identification.

(3) The name, or other identification issued and registered by

the Commission, of the manufacturer of the product or one or more

persons subject to section 70a of this title with respect to such

product.

(4) If it is an imported textile fiber product the name of the

country where processed or manufactured.

(5) If it is a textile fiber product processed or manufactured

in the United States, it be so identified.

(c) False or deceptive advertisement

For the purposes of this subchapter, a textile fiber product

shall be considered to be falsely or deceptively advertised if any

disclosure or implication of fiber content is made in any written

advertisement which is used to aid, promote, or assist directly or

indirectly in the sale or offering for sale of such textile fiber

product, unless the same information as that required to be shown

on the stamp, tag, label, or other identification under subsection

(b)(1) and (2) of this section is contained in the heading, body,

or other part of such written advertisement, except that the

percentages of the fiber present in the textile fiber product need

not be stated.

(d) Additional information allowed

In addition to the information required in this section, the

stamp, tag, label, or other means of identification, or

advertisement may contain other information not violating the

provisions of this subchapter.

(e) Labelling of packages

For purposes of this subchapter, in addition to the textile

fiber products contained therein, a package of textile fiber

products intended for sale to the ultimate consumer shall be

misbranded unless such package has affixed to it a stamp, tag,

label, or other means of identification bearing the information

required by subsection (b) of this section, with respect to such

contained textile fiber products, or is transparent to the extent

it allows for the clear reading of the stamp, tag, label, or other

means of identification on the textile fiber product, or in the

case of hosiery items, this section shall not be construed as

requiring the affixing of a stamp, tag, label, or other means of

identification to each hosiery product contained in a package if

(1) such hosiery products are intended for sale to the ultimate

consumer in such package, (2) such package has affixed to it a

stamp, tag, label, or other means of identification bearing, with

respect to the hosiery products contained therein, the information

required by subsection (b) of this section, and (3) the information

on the stamp, tag, label, or other means of identification affixed

to such package is equally applicable with respect to each textile

fiber product contained therein.

(f) Fabric severed from bolts, pieces or rolls of fabric

This section shall not be construed as requiring designation of

the fiber content of any portion of fabric, when sold at retail,

which is severed from bolts, pieces, or rolls of fabric labeled in

accordance with the provisions of this section at the time of such

sale: Provided, That if any portion of fabric severed from a bolt,

piece, or roll of fabric is in any manner represented as containing

percentages of natural or manufactured fibers, other than that

which is set forth on the labeled bolt, piece, or roll, this

section shall be applicable thereto, and the information required

shall be separately set forth and segregated as required by this

section.

(g) Advertisement of textile product by use of name or symbol of

fur-bearing animal

For the purposes of this subchapter, a textile fiber product

shall be considered to be falsely or deceptively advertised if the

name or symbol of any fur-bearing animal is used in the

advertisement of such product unless such product, or the part

thereof in connection with which the name or symbol of a

fur-bearing animal is used, is a fur or fur product within the

meaning of the Fur Products Labeling Act (15 U.S.C. 69 et seq.):

Provided, however, That where a textile fiber product contains the

hair or fiber of a fur-bearing animal, the name of such animal, in

conjunction with the word ''fiber'', ''hair'', or ''blend'', may be

used.

(h) Reused stuffing

For the purposes of this subchapter, a textile fiber product

shall be misbranded if it is used as stuffing in any upholstered

product, mattress, or cushion after having been previously used as

stuffing in any other upholstered product, mattress, or cushion,

unless the upholstered product, mattress, or cushion containing

such textile fiber product bears a stamp, tag, or label approved by

the Commission indicating in words plainly legible that it contains

reused stuffing.

(i) Mail order catalog or promotional material

For the purposes of this subchapter, a textile fiber product

shall be considered to be falsely or deceptively advertised in any

mail order catalog or mail order promotional material which is used

in the direct sale or direct offering for sale of such textile

fiber product, unless such textile fiber product description states

in a clear and conspicuous manner that such textile fiber product

is processed or manufactured in the United States of America, or

imported, or both.

(j) Location of stamp, tag, label, or other identification

For purposes of this subchapter, any textile fiber product shall

be misbranded if a stamp, tag, label, or other identification

conforming to the requirements of this section is not on or affixed

to the inside center of the neck midway between the shoulder seams

or, if such product does not contain a neck, in the most

conspicuous place on the inner side of such product, unless it is

on or affixed on the outer side of such product, or in the case of

hosiery items on the outer side of such product or package.

-SOURCE-

(Pub. L. 85-897, Sec. 4, Sept. 2, 1958, 72 Stat. 1719; Pub. L.

89-35, Sec. 1, 2, June 5, 1965, 79 Stat. 124; Pub. L. 98-417, title

III, Sec. 301-303, Sept. 24, 1984, 98 Stat. 1603, 1604.)

-REFTEXT-

REFERENCES IN TEXT

The Fur Products Labeling Act, referred to in subsec. (g), is act

Aug. 8, 1951, ch. 298, 65 Stat. 175, as amended, which is

classified generally to subchapter IV (Sec. 69 et seq.) of this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 69 of this title and Tables.

-MISC2-

AMENDMENTS

1984 - Subsec. (b)(5). Pub. L. 98-417, Sec. 301, added par. (5).

Subsec. (e). Pub. L. 98-417, Sec. 302, amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''This

section shall not be construed as requiring the affixing of a

stamp, tag, label, or other means of identification to each textile

fiber product contained in a package if (1) such textile fiber

products are intended for sale to the ultimate consumer in such

package, (2) such package has affixed to it a stamp, tag, label, or

other means of identification bearing, with respect to the textile

fiber products contained therein, the information required by

subsection (b) of this section, and (3) the information on the

stamp, tag, label, or other means of identification affixed to such

package is equally applicable with respect to each textile fiber

product contained therein.''

Subsecs. (i), (j). Pub. L. 98-417, Sec. 303, added subsecs. (i)

and (j).

1965 - Subsec. (b)(1). Pub. L. 89-35, Sec. 1, inserted '', but

nothing in this section shall be construed as prohibiting the

disclosure of any fiber present in a textile fiber product which

has a clearly established and definite functional significance

where present in the amount contained in such product''.

Subsec. (b)(2). Pub. L. 89-35, Sec. 2, inserted '', but nothing

in this section shall be construed as prohibiting the disclosure of

any fiber present in a textile fiber product which has a clearly

established and definite functional significance where present in

the amount stated''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-417 effective 90 days after Sept. 24,

1984, see section 307 of Pub. L. 98-417, set out as a note under

section 68b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70a, 70c, 70g, 70j of

this title.

-CITE-

15 USC Sec. 70c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70c. Removal of stamp, tag, label, or other identification

-STATUTE-

(a) Removal or mutilation after shipment in commerce

After shipment of a textile fiber product in commerce it shall be

unlawful, except as provided in this subchapter, to remove or

mutilate, or cause or participate in the removal or mutilation of,

prior to the time any textile fiber product is sold and delivered

to the ultimate consumer, any stamp, tag, label, or other

identification required by this subchapter to be affixed to such

textile fiber product, and any person violating this section shall

be guilty of an unfair method of competition, and an unfair or

deceptive act or practice, under the Federal Trade Commission Act

(15 U.S.C. 41 et seq.).

(b) Substitution of stamp, tag, etc.

Any person -

(1) introducing, selling, advertising, or offering for sale, in

commerce, or importing into the United States, a textile fiber

product subject to the provisions of this subchapter, or

(2) selling, advertising, or offering for sale a textile fiber

product whether in its original state or contained in other

textile fiber products, which has been shipped, advertised, or

offered for sale, in commerce,

may substitute for the stamp, tag, label, or other means of

identification required to be affixed to such textile product

pursuant to section 70b(b) of this title, a stamp, tag, label, or

other means of identification conforming to the requirements of

section 70b(b) of this title, and such substituted stamp, tag,

label, or other means of identification shall show the name or

other identification issued and registered by the Commission of the

person making the substitution.

(c) Affixing of stamp, tag, etc. to individual unit of broken

package

If any person other than the ultimate consumer breaks a package

which bears a stamp, tag, label, or other means of identification

conforming to the requirements of section 70b of this title, and if

such package contains one or more units of a textile fiber product

to which a stamp, tag, label, or other identification conforming to

the requirements of section 70b of this title is not affixed, such

person shall affix a stamp, tag, label, or other identification

bearing the information on the stamp, tag, label, or other means of

identification attached to such broken package to each unit of

textile fiber product taken from such broken package.

-SOURCE-

(Pub. L. 85-897, Sec. 5, Sept. 2, 1958, 72 Stat. 1720.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (a), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70b, 70d, 70f, 70i of

this title.

-CITE-

15 USC Sec. 70d 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70d. Records

-STATUTE-

(a) Maintenance and preservation by manufacturer

Every manufacturer of textile fiber products subject to this

subchapter shall maintain proper records showing the fiber content

as required by this subchapter of all such products made by him,

and shall preserve such records for at least three years.

(b) Maintenance and preservation by person substituting stamp, tag,

etc.

Any person substituting a stamp, tag, label, or other

identification pursuant to section 70c(b) of this title shall keep

such records as will show the information set forth on the stamp,

tag, label, or other identification that he removed and the name or

names of the person or persons from whom such textile fiber product

was received, and shall preserve such records for at least three

years.

(c) Neglect or refusal to maintain or preserve records

The neglect or refusal to maintain or preserve the records

required by this section is unlawful, and any person neglecting or

refusing to maintain such records shall be guilty of an unfair

method of competition, and an unfair or deceptive act or practice,

in commerce, under the Federal Trade Commission Act (15 U.S.C. 41

et seq.).

-SOURCE-

(Pub. L. 85-897, Sec. 6, Sept. 2, 1958, 72 Stat. 1721.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (c), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70f, 70i of this title.

-CITE-

15 USC Sec. 70e 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70e. Enforcement

-STATUTE-

(a) Enforcement by Federal Trade Commission

Except as otherwise specifically provided herein, this subchapter

shall be enforced by the Federal Trade Commission under rules,

regulations, and procedure provided for in the Federal Trade

Commission Act (15 U.S.C. 41 et seq.).

(b) Terms of Federal Trade Commission Act incorporated into this

subchapter

The Commission is authorized and directed to prevent any person

from violating the provisions of this subchapter in the same

manner, by the same means, and with the same jurisdiction, powers,

and duties as though all applicable terms and provisions of the

Federal Trade Commission Act (15 U.S.C. 41 et seq.) were

incorporated into and made a part of this subchapter; and any such

person violating the provisions of this subchapter shall be subject

to the penalties and entitled to the privileges and immunities

provided in said Federal Trade Commission Act, in the same manner,

by the same means, and with the same jurisdiction, powers, and

duties as though the applicable terms and provisions of the said

Federal Trade Commission Act were incorporated into and made a part

of this subchapter.

(c) Rules and regulations by Federal Trade Commission

The Commission is authorized and directed to make such rules and

regulations, including the establishment of generic names of

manufactured fibers, under and in pursuance of the terms of this

subchapter as may be necessary and proper for administration and

enforcement.

(d) Inspection, analyses, tests, etc.

The Commission is authorized to cause inspections, analyses,

tests, and examinations to be made of any product subject to this

subchapter.

-SOURCE-

(Pub. L. 85-897, Sec. 7, Sept. 2, 1958, 72 Stat. 1721.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsecs. (a) and

(b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,

which is classified generally to subchapter I (Sec. 41 et seq.) of

this chapter. For complete classification of this Act to the Code,

see section 58 of this title and Tables.

-CITE-

15 USC Sec. 70f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70f. Injunction proceedings

-STATUTE-

Whenever the Commission has reason to believe -

(a) that any person is doing, or is about to do, an act which

by section 70a, 70c, 70d, 70g, or 70h(b) of this title is

declared to be unlawful; and

(b) that it would be to the public interest to enjoin the doing

of such act until complaint is issued by the Commission under the

Federal Trade Commission Act (15 U.S.C. 41 et seq.) and such

complaint is dismissed by the Commission or set aside by the

court on review or until an order to cease and desist made

thereon by the Commission has become final within the meaning of

the Federal Trade Commission Act,

the Commission may bring suit in the district court of the United

States or in the United States court of any Territory, for the

district or Territory in which such person resides or transacts

business, to enjoin the doing of such act and upon proper showing a

temporary injunction or restraining order shall be granted without

bond.

-SOURCE-

(Pub. L. 85-897, Sec. 8, Sept. 2, 1958, 72 Stat. 1721.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-CITE-

15 USC Sec. 70g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70g. Exclusion of misbranded textile fiber products

-STATUTE-

All textile fiber products imported into the United States shall

be stamped, tagged, labeled, or otherwise identified in accordance

with the provisions of section 70b of this title, and all invoices

of such products required pursuant to section 1484 of title 19,

shall set forth, in addition to the matter therein specified, the

information with respect to said products required under the

provisions of section 70b(b) of this title, which information shall

be in the invoices prior to their certification, if such

certification is required pursuant to section 1484 of title 19. The

falsification of, or failure to set forth the required information

in such invoices, or the falsification or perjury of the

consignee's declaration provided for in section 1485 of title 19,

insofar as it relates to such information, is 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.); and any person who falsifies, or perjures the

consignee's declaration insofar as it relates to such information,

may thenceforth be prohibited by the Commission from importing, or

participating in the importation of, any textile fiber product into

the United States except upon filing bond with the Secretary of the

Treasury in a sum double the value of said products and any duty

thereon, conditioned upon compliance with the provisions of this

subchapter. A verified statement from the manufacturer or producer

of such products showing their fiber content as required under the

provisions of this subchapter may be required under regulation

prescribed by the Secretary of the Treasury.

-SOURCE-

(Pub. L. 85-897, Sec. 9, Sept. 2, 1958, 72 Stat. 1722.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70f, 70i of this title.

-CITE-

15 USC Sec. 70h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70h. Guaranty

-STATUTE-

(a) Avoidance of liability; requirements

No person shall be guilty of an unlawful act under section 70a of

this title if he establishes a guaranty received in good faith,

signed by and containing the name and address of the person

residing in the United States by whom the textile fiber product

guaranteed was manufactured or from whom it was received, that said

product is not misbranded or falsely invoiced under the provisions

of this subchapter. Said guaranty shall be (1) a separate guaranty

specifically designating the textile fiber product guaranteed, in

which case it may be on the invoice or other paper relating to said

product; or (2) a continuing guaranty given by seller to the buyer

applicable to all textile fiber products sold to or to be sold to

buyer by seller in a form as the Commission, by rules and

regulations, may prescribe; or (3) a continuing guaranty filed with

the Commission applicable to all textile fiber products handled by

a guarantor in such form as the Commission by rules and regulations

may prescribe.

(b) Furnishing false guaranty

The furnishing of a false guaranty, except where the person

furnishing such false guaranty relies on a guaranty to the same

effect received in good faith signed by and containing the name and

address of the person residing in the United States by whom the

product guaranteed was manufactured or from whom it was received,

is unlawful, and shall be an unfair method of competition, and an

unfair and deceptive act or practice, in commerce, within the

meaning of the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

-SOURCE-

(Pub. L. 85-897, Sec. 10, Sept. 2, 1958, 72 Stat. 1722.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (b), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of this

chapter. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70f, 70i of this title.

-CITE-

15 USC Sec. 70i 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70i. Criminal penalty

-STATUTE-

(a) Any person who willfully does an act which by section 70a,

70c, 70d, 70g, or 70h(b) of this title is declared to be unlawful

shall be guilty of a misdemeanor and upon conviction shall be fined

not more than $5,000 or be imprisoned not more than one year, or

both, in the discretion of the court: Provided, That nothing in

this section shall limit any other provision of this subchapter.

(b) Whenever the Commission has reason to believe that any person

is guilty of a misdemeanor under this section, it may certify all

pertinent facts to the Attorney General. If, on the basis of the

facts certified, the Attorney General concurs in such belief, it

shall be his duty to cause appropriate proceedings to be brought

for the enforcement of the provisions of this section against such

person.

-SOURCE-

(Pub. L. 85-897, Sec. 11, Sept. 2, 1958, 72 Stat. 1723.)

-CITE-

15 USC Sec. 70j 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70j. Exemptions

-STATUTE-

(a) None of the provisions of this subchapter shall be construed

to apply to -

(1) upholstery stuffing, except as provided in section 70b(h)

of this title;

(2) outer coverings of furniture, mattresses, and box springs;

(3) linings or interlinings incorporated primarily for

structural purposes and not for warmth;

(4) filling or padding incorporated primarily for structural

purposes and not for warmth;

(5) stiffenings, trimmings, facings, or interfacings;

(6) backings of, and paddings or cushions to be used under,

floor coverings;

(7) sewing and handicraft threads;

(8) bandages, surgical dressings, and other textile fiber

products, the labeling of which is subject to the requirements of

the Federal Food, Drug and Cosmetic Act of 1938, as amended (21

U.S.C. 301 et seq.);

(9) waste materials not intended for use in a textile fiber

product;

(10) textile fiber products incorporated in shoes or overshoes

or similar outer footwear;

(11) textile fiber products incorporated in headwear, handbags,

luggage, brushes, lampshades, or toys, catamenial devices,

adhesive tapes and adhesive sheets, cleaning cloths impregnated

with chemicals, or diapers.

The exemption provided for any article by paragraph (3) or (4) of

this subsection shall not be applicable if any representation as to

fiber content of such article is made in any advertisement, label,

or other means of identification covered by section 70b of this

title.

(b) The Commission may exclude from the provisions of this

subchapter other textile fiber products (1) which have an

insignificant or inconsequential textile fiber content, or (2) with

respect to which the disclosure of textile fiber content is not

necessary for the protection of the ultimate consumer.

-SOURCE-

(Pub. L. 85-897, Sec. 12, Sept. 2, 1958, 72 Stat. 1723.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug and Cosmetic Act of 1938, referred to in

subsec. (a)(8), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of Title 21, Food and Drugs. For complete classification of

this Act to the Code, see section 301 of Title 21 and Tables.

-CITE-

15 USC Sec. 70k 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-

Sec. 70k. Application of other laws

-STATUTE-

The provisions of this subchapter shall be held to be in addition

to, and not in substitution for or limitation of, the provisions of

any other Act of the United States.

-SOURCE-

(Pub. L. 85-897, Sec. 14, Sept. 2, 1958, 72 Stat. 1724.)

-CITE-

15 USC SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF

COMPETITION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

.

-HEAD-

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-CITE-

15 USC Sec. 71 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-

Sec. 71. ''Person'' defined

-STATUTE-

When used in this subchapter the term ''person'' includes

partnerships, corporations, and associations.

-SOURCE-

(Sept. 8, 1916, ch. 463, title VIII, Sec. 800, 39 Stat. 798.)

-CITE-

15 USC Sec. 72 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-

Sec. 72. Importation or sale of articles at less than market value

or wholesale price

-STATUTE-

It shall be unlawful for any person importing or assisting in

importing any articles from any foreign country into the United

States, commonly and systematically to import, sell or cause to be

imported or sold such articles within the United States at a price

substantially less than the actual market value or wholesale price

of such articles, at the time of exportation to the United States,

in the principal markets of the country of their production, or of

other foreign countries to which they are commonly exported after

adding to such market value or wholesale price, freight, duty, and

other charges and expenses necessarily incident to the importation

and sale thereof in the United States: Provided, That such act or

acts be done with the intent of destroying or injuring an industry

in the United States, or of preventing the establishment of an

industry in the United States, or of restraining or monopolizing

any part of trade and commerce in such articles in the United

States.

Any person who violates or combines or conspires with any other

person to violate this section is guilty of a misdemeanor, and, on

conviction thereof, shall be punished by a fine not exceeding

$5,000, or imprisonment not exceeding one year, or both, in the

discretion of the court.

Any person injured in his business or property by reason of any

violation of, or combination or conspiracy to violate, this

section, may sue therefor in the district court of the United

States for the district in which the defendant resides or is found

or has an agent, without respect to the amount in controversy, and

shall recover threefold the damages sustained, and the cost of the

suit, including a reasonable attorney's fee.

The foregoing provisions shall not be construed to deprive the

proper State courts of jurisdiction in actions for damages

thereunder.

-SOURCE-

(Sept. 8, 1916, ch. 463, title VIII, Sec. 801, 39 Stat. 798.)

-CITE-

15 USC Sec. 73 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-

Sec. 73. Agreements involving restrictions in favor of imported

goods

-STATUTE-

If any article produced in a foreign country is imported into the

United States under any agreement, understanding, or condition that

the importer thereof or any other person in the United States shall

not use, purchase, or deal in, or shall be restricted in his using,

purchasing, or dealing in, the articles of any other person, there

shall be levied, collected, and paid thereon, in addition to the

duty otherwise imposed by law, a special duty equal to double the

amount of such duty: Provided, That the above shall not be

interpreted to prevent the establishing in this country on the part

of a foreign producer of an exclusive agency for the sale in the

United States of the products of said foreign producer or merchant,

nor to prevent such exclusive agent from agreeing not to use,

purchase, or deal in the article of any other person, but this

proviso shall not be construed to exempt from the provisions of

this section any article imported by such exclusive agent if such

agent is required by the foreign producer or if it is agreed

between such agent and such foreign producer that any agreement,

understanding or condition set out in this section shall be imposed

by such agent upon the sale or other disposition of such article to

any person in the United States.

-SOURCE-

(Sept. 8, 1916, ch. 463, title VIII, Sec. 802, 39 Stat. 799.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 74 of this title.

-CITE-

15 USC Sec. 74 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-

Sec. 74. Rules and regulations

-STATUTE-

The Secretary of the Treasury shall make such rules and

regulations as are necessary for the carrying out of the provisions

of section 73 of this title.

-SOURCE-

(Sept. 8, 1916, ch. 463, title VIII, Sec. 803, 39 Stat. 799.)

-CITE-

15 USC Sec. 75 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-

Sec. 75. Retaliation against country prohibiting importations

-STATUTE-

Whenever any country, dependency, or colony shall prohibit the

importation of any article the product of the soil or industry of

the United States and not injurious to health or morals, the

President shall have power to prohibit, during the period such

prohibition is in force, the importation into the United States of

similar articles, or in case the United States does not import

similar articles from that country, then other articles, the

products of such country, dependency, or colony.

And the Secretary of the Treasury, with the approval of the

President, shall make such rules and regulations as are necessary

for the execution of the provisions of this section.

-SOURCE-

(Sept. 8, 1916, ch. 463, title VIII, Sec. 804, 39 Stat. 799.)

-CITE-

15 USC Sec. 76 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-

Sec. 76. Retaliation against restriction of importations in time of

war

-STATUTE-

Whenever, during the existence of a war in which the United

States is not engaged, the President shall be satisfied that there

is reasonable ground to believe that under the laws, regulations,

or practices of any country, colony, or dependency contrary to the

law and practice of nations, the importation into their own or any

other country, dependency, or colony of any article the product of

the soil or industry of the United States and not injurious to

health or morals is prevented or restricted the President is

authorized and empowered to prohibit or restrict during the period

such prohibition or restriction is in force, the importation into

the United States of similar or other articles, products of such

country, dependency, or colony as in his opinion the public

interest may require; and in such case he shall make proclamation

stating the article or articles which are prohibited from

importation into the United States; and any person or persons who

shall import, or attempt or conspire to import, or be concerned in

importing, such article or articles, into the United States

contrary to the prohibition in such proclamation, shall be liable

to a fine of not less than $2,000 nor more than $50,000, or to

imprisonment not to exceed two years, or both, in the discretion of

the court. The President may change, modify, revoke, or renew such

proclamation in his discretion.

-SOURCE-

(Sept. 8, 1916, ch. 463, title VIII, Sec. 805, 39 Stat. 799.)

-CITE-

15 USC Sec. 77 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND

PREVENTION OF UNFAIR METHODS OF COMPETITION

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-

Sec. 77. Discrimination against neutral Americans in time of war

-STATUTE-

Whenever, during the existence of a war in which the United

States is not engaged, the President shall be satisfied that there

is reasonable ground to believe that any vessel, American or

foreign, is, on account of the laws, regulations, or practices of a

belligerent Government, making or giving any undue or unreasonable

preference or advantage in any respect whatsoever to any particular

person, company, firm, or corporation, or any particular

description of traffic in the United States or its possessions or

to any citizens of the United States residing in neutral countries

abroad, or is subjecting any particular person, company, firm, or

corporation or any particular description of traffic in the United

States or its possessions, or any citizens of the United States

residing in neutral countries abroad to any undue or unreasonable

prejudice, disadvantage, injury, or discrimination in regard to

accepting, receiving, transporting, or delivering, or refusing to

accept, receive, transfer, or deliver any cargo, freight, or

passengers, or in any other respect whatsoever, he is authorized

and empowered to direct the detention of such vessels by

withholding clearance or by formal notice forbidding departure, and

to revoke, modify, or renew any such direction.

Whenever, during the existence of a war in which the United

States is not engaged, the President shall be satisfied that there

is reasonable ground to believe that under the laws, regulations,

or practices of any belligerent country or Government, American

ships or American citizens are not accorded any of the facilities

of commerce which the vessels or citizens of that belligerent

country enjoy in the United States or its possessions, or are not

accorded by such belligerent equal privileges or facilities of

trade with vessels or citizens of any nationality other than that

of such belligerent, the President is authorized and empowered to

withhold clearance from one or more vessels of such belligerent

country until such belligerent shall restore to such American

vessels and American citizens reciprocal liberty of commerce and

equal facilities of trade; or the President may direct that similar

privileges and facilities, if any, enjoyed by vessels or citizens

of such belligerent in the United States or its possessions be

refused to vessels or citizens of such belligerent; and in such

case he shall make proclamation of his direction, stating the

facilities and privileges which shall be refused, and the

belligerent to whose vessels or citizens they are to be refused,

and thereafter the furnishing of such prohibited privileges and

facilities to any vessel or citizen of the belligerent named in

such proclamation shall be unlawful; and he may change, modify,

revoke, or renew such proclamation; and any person or persons who

shall furnish or attempt or conspire to furnish or be concerned in

furnishing or in the concealment of furnishing facilities or

privileges to ships or persons contrary to the prohibition in such

proclamation shall be liable to a fine of not less than $2,000 nor

more than $50,000 or to imprisonment not to exceed two years, or

both, in the discretion of the court.

In case any vessel which is detained by virtue of this subchapter

shall depart or attempt to depart from the jurisdiction of the

United States without clearance or other lawful authority, the

owner or master or person or persons having charge or command of

such vessel shall be severally liable to a fine of not less than

$2,000 nor more than $10,000, or to imprisonment not to exceed two

years, or both, and in addition such vessel shall be forfeited to

the United States.

The President of the United States is authorized and empowered to

employ such part of the land or naval forces of the United States

as shall be necessary to carry out the purposes of this subchapter.

-SOURCE-

(Sept. 8, 1916, ch. 463, title VIII, Sec. 806, 39 Stat. 799.)

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of Homeland Security of authority

vested in President by this section, see section 1(j), (k) of Ex.

Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out

as a note under section 301 of Title 3, The President.

-CITE-