15 U.S.C. § 2071 — Injunctive enforcement and seizure
submitted 54 years ago by Pub. L. 92-573 to r/title-15-COMMERCE-AND-TRADE · 336 words · no verdicts yet
United States district courts may stop violations of section 2068, certain orders, and consumer-product safety rules. Noncompliant or prohibited products may be condemned through proceedings in the district where they are found, with consolidation required for substantially similar cases in multiple districts.
(a) Jurisdiction. United States district courts may (1) restrain any violation of section 2068, (2) restrain a person from making for sale, offering for sale, distributing in commerce*, or importing into the United States a product that violates an order in effect under section 2064(d), and (3) restrain a person from distributing in commerce a product that does not comply with a consumer-product-safety rule. The Commission*, without regard to section 2076(b)(7)(A), or the Attorney General may bring such an action in a district where an act, omission, or transaction making up the violation occurred, or where the defendant is found or does business. Process may be served on a defendant in any other district where the defendant lives or may be found. (b) Products liable to proceeding. A consumer product* may be proceeded against on a libel of information and condemned in any United States district court where it is found if (1) it fails to comply with an applicable consumer-product-safety rule, or (2) an order in effect under section 2064(d) prohibits its manufacture for sale, offering for sale, distribution in commerce*, or importation* into the United States. This applies when the product is introduced into commerce, is in commerce, or is held for sale after being shipped in commerce. Proceedings under this subsection should follow in-rem admiralty proceedings as closely as possible. If substantially similar consumer-product proceedings are pending in courts in two or more districts, any such court must consolidate them for trial when an interested party reasonably applies after giving notice to all other interested parties.
The United States district courts shall have jurisdiction to take the following action:
Restrain any violation of section 2068 of this title.
Restrain any person from manufacturing for sale, offering for sale, distributing in commerce*, or importing into the United States a product in violation of an order in effect under section 2064(d) of this title.
Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule*.
Such actions may be brought by the Commission* (without regard to section 2076(b)(7)(A) of this title) or by the Attorney General in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts business. In any action under this section process may be served on a defendant in any other district in which the defendant resides or may be found.
Any consumer product*—
which fails to conform with an applicable consumer product safety rule, or
the manufacture for sale, offering for sale, distribution in commerce*, or the importation* into the United States of which has been prohibited by an order in effect under section 2064(d) of this title,
when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which such consumer product is found. Proceedings in cases instituted under the authority of this subsection shall conform as nearly as possible to proceedings in rem in admiralty. Whenever such proceedings involving substantially similar consumer products are pending in courts of two or more judicial districts they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest upon notice to all other parties in interest.
Source credit: (Pub. L. 92–573, § 22, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 94–284, §§ 11(b), 12(c), May 11, 1976, 90 Stat. 507, 508.)
- 1972Enacted · Pub. L. 92-573 · 86 Stat. 1225
- 1976Amended · Pub. L. 94-284 · 90 Stat. 507, 508
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-573 on 1972-10-27.
all 0 arguments · sorted by: best
no arguments yet — make the first case