15 U.S.C. § 69g — Condemnation and injunction proceedings

submitted 75 years ago by ch. 298 to r/title-15-COMMERCE-AND-TRADE · 418 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission can seize fur products that break this subchapter's rules. A court can then destroy them, sell them, return them under bond, or allow a charitable disposal. It can also sue to stop violations of sections 69a, 69d, or 69h(b) without posting a bond.

(a) A fur product or fur can be seized and taken to a United States district court for condemnation. This can happen if the Commission has reasonable cause to believe the product is being made for shipment, shipped, or held or sold after shipment, in violation of this subchapter. It can only be seized after the Commission gives notice and the violation is not shown to be fixed. The proceedings follow the same court process as an in rem admiralty case, as closely as possible. The Commission may bring these cases. If the court condemns the fur product or fur, the court decides how to dispose of it. It can destroy the product, sell it, or give it back to the owner. To get it back, the owner must pay the legal costs and post a bond promising to properly mark, advertise, and invoice it as this subchapter requires. The court may also allow it to go to a charity. If the product is sold, the money from the sale — minus legal costs — goes to the United States Treasury as miscellaneous receipts. (b) The Commission can also go to court to stop a violation before it fully happens. This is allowed when the Commission believes someone is violating, or about to violate, section 69a, 69d, or 69h(b), and stopping it now is in the public interest — while a complaint under the Federal Trade Commission Act is pending, or until an FTC cease-and-desist order becomes final. The Commission can sue in the U.S. district court, or a territorial court, where the person lives or does business. If the Commission makes the proper showing, the court must grant a temporary injunction or restraining order without requiring the Commission to post a bond.

the actual law source: uscode.house.gov ↗public domain

(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,1 or is about to violate, section 69a, 69d, or 69h(b) of this title; and

(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 credit: (Aug. 8, 1951, ch. 298, § 9, 65 Stat. 180.)

history & why it existsrecord from the source credit

1951Enacted · Act of Aug. 8, 1951, ch. 298 · 65 Stat. 180

A history note hasn’t been published yet. The record shows enactment by ch. 298 on 1951-08-08.

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