15 U.S.C. § 2101

Marking requirements

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(a) Political items

The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation political item which is not plainly and permanently marked with the calendar year in which such item was manufactured, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

(b) Coins and other numismatic items

The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce, or the sale in commerce of any imitation numismatic item which is not plainly and permanently marked “copy”, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

The Federal Trade Commission shall prescribe rules for determining the manner and form in which items described in subsection (a) or (b) shall be permanently marked.

(d) Provision of assistance or support

It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b).

(e) Exemption

Subsections (a) 11 So in original. Probably should be followed by a comma. (b), and (d), and regulations under subsection (c), shall not apply to any common carrier or contract carrier or freight forwarder with respect to an imitation political item or imitation numismatic item received, shipped, delivered, or handled by it for shipment in the ordinary course of its business.

(Pub. L. 93–167, § 2, Nov. 29, 1973, 87 Stat. 686; Pub. L. 113–288, § 2(1), Dec. 19, 2014, 128 Stat. 3281.)Editorial NotesReferences in Text

The Federal Trade Commission Act, referred to in subsecs. (a) and (b), 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

2014—Subsec. (b). Pub. L. 113–288, § 2(1)(A), inserted “, or the sale in commerce” after “distribution in commerce”.

Subsec. (d). Pub. L. 113–288, § 2(1)(B), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 113–288, § 2(1)(B), (C), redesignated subsec. (d) as (e) and substituted “(b), and (d)” for “and (b)”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 93–167, § 8, Nov. 29, 1973, 87 Stat. 687, provided that: “This Act [enacting this chapter] shall apply only to imitation political items and imitation numismatic items manufactured after the date of enactment of this Act [Nov. 29, 1973].”

Short Title of 2014 Amendment

Pub. L. 113–288, § 1, Dec. 19, 2014, 128 Stat. 3281, provided that: “This Act [amending this section and sections 2102 and 2106 of this title] may be cited as the ‘Collectible Coin Protection Act’.”

Short Title

Pub. L. 93–167, § 1, Nov. 29, 1973, 87 Stat. 686, provided: “That this Act [enacting this chapter] may be cited as the ‘Hobby Protection Act’.”

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2005–2021 · leading case: Demarco v. Nat'l Collector's Mint, Inc., 229 F.R.D. 73 (S.D.N.Y. 2005).

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Demarco v. Nat'l Collector's Mint, Inc., 229 F.R.D. 73 (S.D.N.Y. 2005). · cites it 3× “Freedberg (collectively “Defendants”) for Defendants’ failure to comply with their obligations under the Hobby Protection Act, 15 U.S.C. § 2101 (“HPA”) with regards to their production, marketing, and distribution of a commemorative coin known as the Freedom Tower Silver Dollar.”

Jermyn v. Best Buy Stores, L.P., 256 F.R.D. 418 (S.D.N.Y. 2009). “The plaintiff in that case commenced a class action because of defendants’ failure to comply with their obligations under the Hobby Protection Act, 15 U.S.C. § 2101 , in connection with their production, marketing, and distribution of a commemorative coin known as the “Freedom…”

Asset Mktg. Servs., LLC v. JAM Prods., Inc.et al (D. Minnesota 2021). · cites it 2× “’” 15 U.S.C. § 2101 (b). Defendants do not dispute that they imported the coins in question into the United States for their introduction, distribution, or sale in commerce, and they do not dispute that the coins were not “plainly and permanently marked” as “copies.”

Asset Mktg. Servs., LLC v. JAM Prods., Inc.et al (D. Minnesota 2021). “’” 15 U.S.C. § 2101 (b). The Act “was designed to protect hobbyists and collectors from being defrauded by unscrupulous individuals and corporations that marketed and/or distributed imitation numismatic items.”

Asset Mktg. Servs., LLC v. JAM Prods., Inc.et al (D. Minnesota 2021). “AMS alleged that Defendants breached their contractual obligation to obtain authorization from Fiji conferring legal tender status on the coins prior to delivering them, and also that the importation of those coins constituted a violation of the Hobby Protection Act, 15 U.S.C. §…”

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