Laws: Cases and Codes : U.S. Code : Title 15


   

U.S. Code as of: 01/19/04
Chapter 2 - Notes
                  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.                                                 
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