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15 U.S.C. § 1195Injunction and condemnation proceedings

submitted 73 years ago by ch. 164 to r/title-15-COMMERCE-AND-TRADE · 621 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Commission seek injunctions and seizure and condemnation of products or materials that violate this chapter. It also governs samples and the disposal of condemned items.

(a) Temporary injunction. If the Commission has reason to believe a person is violating or about to violate section 1192 or a rule under section 1194(c), and an injunction would serve the public interest until the Commission’s related proceeding ends or becomes final, the Commission may sue in the appropriate United States district court, or in the District Court of Guam or the Virgin Islands when applicable. On a proper showing, the court must grant a temporary injunction or restraining order without requiring a bond. (b) Seizure and confiscation. If the Commission has reason to believe a product was made or introduced into commerce, or fabric or related material was introduced into commerce, in violation of section 1192, it may begin a libel proceeding to seize and confiscate it in any district court where it is found. The proceeding should follow in-rem admiralty procedure as closely as possible, but the court may allow a jury to try factual issues if a party demands one. If identical items are involved in proceedings in two or more jurisdictions, any such court may consolidate the trials on a timely application by an interested party after notice to all other interested parties. The consolidating court must promptly notify the other courts, and their clerks must send relevant records and papers to the designated trial court. (c) Representative sample. Before trial, on a timely application, the court must allow an interested party, attorney, or agent to obtain a representative sample of seized material. (d) Disposal. If the court condemns the items, they may be destroyed, delivered to the owner or claimant after payment of court costs, fees, storage, and other proper expenses and execution of a sufficient bond, or sold after execution of such a bond. The bond must require that the items not be disposed of until treated or processed so they lawfully may enter commerce. If sold, the proceeds after costs and charges go to the United States Treasury.
the actual law source: uscode.house.gov ↗public domain
(a) Temporary injunction; venue

Whenever the Commission has reason to believe that any person is violating or is about to violate section 1192 of this title, or a rule or regulation prescribed under section 1194(c) of this title, and that it would be in the public interest to enjoin such violation until complaint under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] is issued and dismissed by the Commission or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act or is set aside by the court on review, the Commission may bring suit in the district court of the United States for the district in which such person resides or transacts business, or, if such person resides or transacts business in Guam or the Virgin Islands, then in the District Court of Guam or in the District Court of the Virgin Islands (as the case may be), to enjoin such violation and upon proper showing a temporary injunction or restraining order shall be granted without bond.

(b) Process of libel for seizure and confiscation; manner of procedure; consolidation of trials

Whenever the Commission has reason to believe that any product has been manufactured or introduced into commerce or any fabric or related material has been introduced in commerce in violation of section 1192 of this title, it may institute proceedings by process of libel for the seizure and confiscation of such product, fabric, or related material in any district court of the United States within the jurisdiction of which such product, fabric, or related material is found. Proceedings in cases instituted under the authority of this section shall conform as nearly as may be to proceedings in rem in admiralty, except that on demand of either party and in the discretion of the court, any issue of fact shall be tried by jury. Whenever such proceedings involving identical products, fabrics, or related materials are pending in two or more jurisdictions, they may be consolidated for trial by order of any such court upon application seasonably made by any party in interest upon notice to all other parties in interest. Any court granting an order of consolidation shall cause prompt notification thereof to be given to other courts having jurisdiction in the cases covered thereby and the clerks of such other courts shall transmit all pertinent records and papers to the court designated for the trial of such consolidated proceedings.

(c) Application by defendant for representative sample of seized materials

In any such action the court, upon application seasonably made before trial, shall by order allow any party in interest, his attorney or agent, to obtain a representative sample of the product, fabric, or related material seized.

(d) Disposal of condemned materials

If such products, fabrics, or related materials are condemned by the court they shall be disposed of by destruction, by delivery to the owner or claimant thereof upon payment of court costs and fees and storage and other proper expenses and upon execution of good and sufficient bond to the effect that such products, fabrics, or related materials will not be disposed of until properly and adequately treated or processed so as to render them lawful for introduction into commerce, or by sale upon execution of good and sufficient bond to the effect that such products, fabrics, or related materials will not be disposed of until properly and adequately treated or processed so as to render them lawful for introduction into commerce. If such products, fabrics, or related materials are disposed of by sale the proceeds, less costs and charges, shall be paid into the Treasury of the United States.

Source credit: (June 30, 1953, ch. 164, § 6, 67 Stat. 113; Pub. L. 90–189, § 5, Dec. 14, 1967, 81 Stat. 571.)

history & why it existsrecord from the source credit
  • 1953Enacted · Act of June 30, 1953, ch. 164 · 67 Stat. 113
  • 1967Amended · Pub. L. 90-189 · 81 Stat. 571

A history note hasn’t been published yet. The record shows enactment by ch. 164 on 1953-06-30.

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