15 U.S.C. § 1195

Injunction and condemnation proceedings

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(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.

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.

(June 30, 1953, ch. 164, § 6, 67 Stat. 113; Pub. L. 90–189, § 5, Dec. 14, 1967, 81 Stat. 571.)Editorial NotesReferences in Text

The Federal Trade Commission Act, referred to in subsec. (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

Amendments

1967—Subsec. (a). Pub. L. 90–189, § 5(a), inserted “, or a rule or regulation prescribed under section 1194 (c) of this title,” after “section 1192 of this title” and substituted “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)” for “or in the United States court of any Territory for the district or Territory in which such person resides or transacts business”.

Subsec. (b). Pub. L. 90–189, § 5(b), substituted “product” for “article of wearing apparel”, “product, fabric, or related material” for “article of wearing apparel or fabric” in two places and “products, fabrics, or related materials” for “articles of wearing apparel or fabrics”, and inserted “or related material” before “has been introduced in commerce”.

Subsec. (c). Pub. L. 90–189, § 5(b), substituted “product, fabric, or related material” for “article of wearing apparel or fabric”.

Subsec. (d). Pub. L. 90–189, § 5(b), substituted “products, fabrics, or related materials” for “articles of wearing apparel or fabrics” wherever appearing and struck out “for wearing apparel purposes” before “until properly and adequately treated or processed” in two places.

Statutory Notes and Related SubsidiariesTransfer of Functions

Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title.

Notes of Decisions

Cited in 11 cases, 1966–1997 · leading case: Fed. Trade Comm'n v. Dean Foods Co., 384 U.S. 597 (1966).

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Fed. Trade Comm'n v. Dean Foods Co., 384 U.S. 597 (1966). · cites it 2× “); § 6 (a) of the Flammable Fabrics Act, 15 U. S. C. § 1195 (a) (1964 ed.); and § 8 of the Textile Fiber Products Identification Act, 15 U.”

In Re Harry Javens & Joyce Javens, Debtors. Harry Javens & Joyce Javens v. City of Hazel Park & City of Royal Oak, 107 F.3d 359 (6th Cir. 1997). “§ 136k(b) (authorizing in rem proceedings to seize adulterated or mislabeled pesticides); 15 U.S.C. § 1195 (b) (same, with respect to goods in violation of Flammable Fabrics Act); 15 U.”

United States v. Sun & Sand Imports, Ltd., Inc., & Guido Muller, Individually & as President of Sun & Sand Imports, Ltd., Inc., 725 F.2d 184 (2d Cir. 1984). “The regulatory definition of children’s sleepwear is not void for vagueness under the due process clause of the Fifth Amendment. Having shown a fair ground for litigation, the United States was entitled to the injunction.”

Laurette R. Raymond v. Riegel Textile Corp., 484 F.2d 1025 (1st Cir. 1973). “15 U.S.C.A. §§ 1195 and 1196. 4 . The Act provides for hearings where findings about the materials in question can be made and regulations promulgated, 15 U.”

Imperial Carpet Mills, Inc., Murray Sobel & Richard G. Greenberg, Plaintiffs v. Consum. Prods. Saf. Comm'n of the United States of Am., 634 F.2d 871 (5th Cir. 1981). “While there was a final judgment in the condemnation cases, which were prosecuted under the authority in 15 U.S.C.A. § 1195 (b), the Commission’s efforts to obtain a cease and desist order under 15 U.”

Congoleum Indus., Inc. v. Consum. Prod. Saf. Comm'n, 602 F.2d 220 (9th Cir. 1979). “1975), a seizure order, 15 U.S.C. § 1195 or, under proper circumstances, may itself order notification and recall, 15 U.”

Fed. Trade Comm'n v. Guignon, 390 F.2d 323 (8th Cir. 1968). “§ 69g(b) (1964); Section 6(a) of the Flammable Fabrics Act, 15 U.S.C. § 1195 (a) (1964); and Section 8 of the Textile Fiber Products Identification Act, 15 U.”

United States v. Salem Carpet Mills, Inc., 632 F.2d 1259 (5th Cir. 1980). · cites it 2× “Shortly thereafter, the Commission filed this suit for a temporary injunction under 15 U.S.C. § 1195 (a) (1976) to prevent Salem’s planned export of the product.”

United States v. Sun & Sand Imports, Ltd., 564 F. Supp. 1402 (S.D.N.Y. 1983). “With regard to plaintiff’s burden, the parties agree that as there is no authority setting forth the required showing for an injunction under section 6 of the FFA, 15 U.S.C. § 1195 , and that the court should look to the standard applicable to preliminary injunctions under…”

Fed. Trade Comm'n v. Approximately 500 Dozen Flammable Chenille Berets, More or Less M. Grossman & Son, Inc., & Betmar Hats, Inc., 458 F.2d 1277 (3rd Cir. 1972). “The Commission then instituted a seizure action 1 pursuant to Section 6(b) of the Flammable Fabrics Act, 15 U.S.C. § 1195 (b) (1970), which provides: “(b) Whenever the Commission has reason to believe that any product has been manufactured or introduced into commerce .”

United States v. Jackets, 23,900 More or Less, Men & Boys, Flammable, 534 F.2d 1224 (6th Cir. 1976). “15 U.S.C. § 1195 (b). In this proceeding both exposure and flammability were the subject of testimony before the District Court.”

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