Arkansas Legal Resource Navigator

15 U.S.C. § 1195 — Injunction and condemnation proceedings

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1195 — Injunction and condemnation proceedings

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim), or a rule or regulation prescribed under [section 1194(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1194/c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim), it ma

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1195

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 00701c377d45b3d323ef09e16987f3dbcc89264c550b17901356e832dc727953. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_6bbd3a5bb2c73bd714019917
Source file: Laws/federal/codes/united-states-code/title-15/section-1195-injunction-and-condemnation-proceedings--0750fef9f1.md
Pages: Not recorded – Not recorded
Passage SHA-256: dec1935a3067c7158bb420b2429b7490be6b705f404cf6a4cc8f9f0ea06233c2

Source location: Title 15, Chapter 25, § 1195; chapter-025-flammable-fabrics.md

Stored source content

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim), or a rule or regulation prescribed under [section 1194(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1194/c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1192&num=0&edition=prelim), 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. **(c) Application by defendant for representative sample of seized materials** 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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 58 — Short title

This subchapter may be cited as the “Federal Trade Commission Act”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 58

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2079 — Transfers of functions

**(a) Hazardous substances and poisons** The functions of the Secretary of Health, Education, and Welfare under the Federal Hazardous Substances Act [[15 U.S.C. 1261](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261&num=0&edition=prelim) et seq.] and the Poison Prevention Packaging Act of 1970 [[15 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1471&num=0&edition=prelim) et seq.] are transferred to the Commission. The functions of the Secretary of Health, Education, and Welfare under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.], to the extent such functions relate to the administration and enforcement of the Poison Prevention Packaging Act of 1970, are transferred to the Commission. **(b) Flammable fabrics** The functions of the Secretary of Health, Education, and Welfare, the Secretary of Commerce, and the Federal Trade Commission under the Flammable Fabrics Act [[15 U.S.C. 1191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1191&num=0&edition=prelim) et seq.] are transferred to the Commission. The functions of the Federal Trade Commission under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.], to the extent such functions relate to the administration and enforcement of the Flammable Fabrics Act, are transferred to the Commission. **(c) Household refrigerators** The functions of the Secretary of Commerce and the Federal Trade Commission under the Act of August 2, 1956 [[15 U.S.C. 1211](https://uscode.house.gov/view.xhtml?req=granuleid:

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2079

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 41

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1192 — Prohibited transactions

**(a) Nonconforming products** The manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. **(b) Nonconforming components** The manufacture for sale, the sale, or the offering for sale, of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under [section 1193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1193&num=0&edition=prelim), and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.].

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1192

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1195 — Injunction and condemnation proceedings

Page 1350 TITLE 15—COMMERCE AND TRADE § 1195 this subsection [amending this section and sections 1264 and 2069 of this title] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) [set out as a note under section 2069 of this title] or 1 year after the date of en- actment of this Act [Aug. 14, 2008].’’ TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Con- sumer Product Safety Commission, along with func- tions 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. CIVIL PENALTY CRITERIA The Consumer Product Safety Commission to issue a final regulation providing its interpretation of penalty factors described in subsec. (e)(2) of this section no later than 1 year after Aug. 14, 2008, see section 217(b)(2) of Pub. L. 110–314, set out as a note under section 2069 of this title. § 1195. Injunction and condemnation proceedings (a) Temporary injunction; venue Whenever the Commission has reason to be- lieve that any person is violating or is about to violate section 1192 of this title, or a rule or reg- ulation 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 Commis- sion or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Com- mission Act or is set aside by the court on re- view, the Commission may b

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1195

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 41

Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 41. This identifies an authority to review, not proof of applicability.