15 U.S.C. § 1456

Enforcement

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(a) Misbranded consumer commodities

Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), and which is introduced or delivered for introduction into commerce in violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, shall be deemed to be misbranded within the meaning of chapter III of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 331 et seq.], but the provisions of section 303 of that Act (21 U.S.C. 333) shall have no application to any violation of section 1452 of this title.

(b) Unfair or deceptive acts or practices in commerce

Any violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, with respect to any consumer commodity which is not a food, drug, device, or cosmetic, shall constitute an unfair or deceptive act or practice in commerce in violation of section 45(a) of this title and shall be subject to enforcement under section 45(b) of this title.

In the case of any imports into the United States of any consumer commodity covered by this chapter, the provisions of sections 1453 and 1454 of this title shall be enforced by the Secretary of the Treasury pursuant to section 801(a) and (b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381).

(Pub. L. 89–755, § 7, Nov. 3, 1966, 80 Stat. 1300.)Editorial NotesReferences in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040. Chapter III of the Act is classified generally to subchapter III (§ 331 et seq.) of chapter 9 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

Notes of Decisions

Cited in 5 cases, 1973–2007 · leading case: Nat'l Petroleum Refiners Ass'n v. Fed. Trade Comm'n, 482 F.2d 672 (D.C. Cir. 1973).

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Nat'l Petroleum Refiners Ass'n v. Fed. Trade Comm'n, 482 F.2d 672 (D.C. Cir. 1973). “15 U.S.C. § 1456 (b) (1970). . See, e. g.”

Zotos Int'l, Inc. v. Kennedy, 460 F. Supp. 268 (D.D.C. 1978). “He can disclose the disputed ingredient on his product labels, take his products off the market altogether, or continue to sell without disclosure, thereby risking civil penalties pursuant to 15 U.S.C. § 1456 and 21 U.S.C. § 331 et seq.”

Helene Curtis v. Nat'l Wholesale Liquidators, Inc., 890 F. Supp. 152 (E.D.N.Y 1995). “§ 362 (b) & (c); 15 U.S.C. § 1456 , and are subject to seizure.”

D'Olive Bay Restoration & Pres. Comm., Inc. v. United States Army Corps of Engineers, 513 F. Supp. 2d 1261 (S.D. Ala. 2007). “§ 1341 (a)(1) (requiring an applicant for a federal permit to obtain a certification of compliance with water quality requirements); 15 U.S.C. § 1456 (c)(3)(A) (requiring an applicant for a federal permit activity affecting the land, water or natural resources of the coastal…”

Gen. Mills, Inc. v. Jones, 530 F.2d 1317 (9th Cir. 1975). · cites it 2× “The FPLA is tied to the FDCA by Section 7 of the FPLA, 15 U.S.C. § 1456 : (a) Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 321 of Title 21, and which is introduced or delivered for introduction into commerce in…”

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