15 U.S.C. § 54

False advertisements; penalties

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(a) Imposition of penalties

Any person, partnership, or corporation who violates any provision of section 52(a) of this title shall, if the use of the commodity advertised may be injurious to health because of results from such use under the conditions prescribed in the advertisement thereof, or under such conditions as are customary or usual, or if such violation is with intent to defraud or mislead, be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $5,000 or by imprisonment for not more than six months, or by both such fine and imprisonment; except that if the conviction is for a violation committed after a first conviction of such person, partnership, or corporation, for any violation of such section, punishment shall be by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both such fine and imprisonment: Provided, That for the purposes of this section meats and meat food products duly inspected, marked, and labeled in accordance with rules and regulations issued under the Meat Inspection Act [21 U.S.C. 601 et seq.] shall be conclusively presumed not injurious to health at the time the same leave official “establishments.”

(b) Exception of advertising medium or agency

No publisher, radio-broadcast licensee, or agency or medium for the dissemination of advertising, except the manufacturer, packer, distributor, or seller of the commodity to which the false advertisement relates, shall be liable under this section by reason of the dissemination by him of any false advertisement, unless he has refused, on the request of the Commission, to furnish the Commission the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the United States, who caused him to disseminate such advertisement. No advertising agency shall be liable under this section by reason of the causing by it of the dissemination of any false advertisement, unless it has refused, on the request of the Commission, to furnish the Commission the name and post-office address of the manufacturer, packer, distributor, or seller, residing in the United States, who caused it to cause the dissemination of such advertisement.

(Sept. 26, 1914, ch. 311, § 14, as added Mar. 21, 1938, ch. 49, § 4, 52 Stat. 114.)Editorial NotesReferences in Text

The Meat Inspection Act, referred to in subsec. (a), is act Mar. 4, 1907, ch. 2907, titles I to IV, as added Dec. 15, 1967, Pub. L. 90–201, 81 Stat. 584, which is classified to subchapters I to IV (§ 601 et seq.) of chapter 12 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 21 and Tables.

Statutory Notes and Related SubsidiariesEffective Date

Act Mar. 21, 1938, ch. 49, § 5(b), 52 Stat. 117, provided: “Section 14 of the Federal Trade Commission Act [this section] added to such Act by section 4 of this Act, shall take effect on the expiration of sixty days after the date of the enactment of this Act [Mar. 21, 1938].”

Executive DocumentsTransfer of Functions

For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1956–2025 · leading case: United States v. Arif, 897 F.3d 1 (1st Cir. 2018).

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United States v. Arif, 897 F.3d 1 (1st Cir. 2018). · cites it 2× “*6 We put aside the fact, inconvenient to Arif, 4 that the FTCA provision said to impliedly repeal the wire fraud statute was enacted in 1938, see 15 U.S.C. § 54 , long before the wire fraud statute came into effect in 1952, see 18 U.”

Head v. New Mexico Bd. of Examiners in Optometry, 374 U.S. 424 (1963). · cites it 2× “Second, broadcasters and publishers are expressly exempted from the criminal penalties against false and deceptive advertising, 15 U. S. C. § 54 (b). Thus, FTC regulation of advertising over the air tends to be indirect, the sanctions being imposed upon the sponsor, and,…”

Gladys G. Holloway v. Bristol-Myers Corp., 485 F.2d 986 (D.C. Cir. 1973). · cites it 2× “413 (1972). For general discussion of private remedies to implement Federal legislation, see, e.”

United States v. St. Regis Paper Co., 355 F.2d 688 (2d Cir. 1966). · cites it 2× “The Government urges, however, that a remark made by Congressman Lea while discussing the relation between Section 16 and Section 14 of the FTCA, 15 U.S.C. § 54 , which provides for fines and imprisonment for false advertising in violation of 15 U.”

Trudeau v. United States, 68 Fed. Cl. 121 (Fed. Cl. 2005). “15 U.S.C. § 54 . The Act authorizes the FTC, through its own attorneys and/or the Attorney General, to initiate civil actions in federal district *124 court to enjoin violations of the FTC Act.”

Holloway v. Bristol-Myers Corp., 327 F. Supp. 17 (D.D.C. 1971). · cites it 2× “2 Section 14 of the Act ( 15 U.S.C. § 54 ) makes a violation of section 12 ( 15 U.”

E. F. Drew & Co., Inc. v. Fed. Trade Comm'n, 235 F.2d 735 (2d Cir. 1956). “§ 53, which provides for preliminary injunctions, and § 14, 15 U.S.C.A. § 54 , which creates criminal penalties.”

Application of William L. Hartop, Jr., & Edward P. Brandes, 311 F.2d 249 (C.C.P.A. 1962). “” See also 15 U.S.C. § 54 (a), which states in part: “§ 54.”

United States v. JB Williams Co., Inc., 354 F. Supp. 521 (S.D.N.Y. 1973). “See 15 U.S.C. § 54 (a). See also 15 U.S.C. § 50.”

Cross v. Bd. of Supervisors of San Mateo Cnty., 326 F. Supp. 634 (N.D. Cal. 1968). “15 U.S.C. § 54 . The Commission is granted the power to bring suit in district courts of the United States for injunctive relief against violation of Section 12.”

Porter & Dietsch, Inc. v. Fed. Trade Comm'n, 605 F.2d 294 (7th Cir. 1979). “Section 14(a) makes certain violations of § 12 misdemeanors, but § 14(b) creates an exemption from criminal liability for advertising agencies and media under certain circumstances.”

Miller v. City of Memphis (W.D. Tenn. 2024). “§ 1125; Federal Trade Commission Act’s (“FTC Act”) false advertising, 15 U.S.C. § 54 ; defamation/slander under 28 U.”

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