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15 U.S.C. § 45d — Unfair or deceptive acts or practices with respect to substance use disorder treatment service and products
Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful activity** It is unlawful to engage in an unfair or deceptive act or practice with respect to any substance use disorder treatment service or substance use disorder treatment product.
**(b) Enforcement by the Federal Trade Commission**
(1) **Unfair or deceptive acts or practices** — A violation of subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act ([15 U.S.C. 57a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a&num=0&edition=prelim)) regarding unfair or deceptive acts or practices.
(2) **Powers of the Federal Trade Commission**
(A) *In general* — The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of 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.) were incorporated into and made a part of this section.
(B) *Privileges and immunities* — Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of 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.) were incorporated and made part of this section.
**(c) Authority preserved** Nothing in this subtitle shall be construed to limit the authority of the Federal Trade Commission or the Food and Drug Administration under any other provision of law.
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Stable record: federal_law:legal_authorities:record_usc_71b12efc49d1083fc17dd99b
Source file: Laws/federal/codes/united-states-code/title-15/section-45d-unfair-or-deceptive-acts-or-practices-with-respect-to-substance-use-diso--3ed08fd4fd.md
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Passage SHA-256: 8927bb8f68791b6b7db83820c28f2a2674af7e6a36f048c547b8b05948c655de
Source location: Title 15, Chapter 2, § 45d; chapter-002-federal-trade-commission-promotion-of-export-trade-and-prevention-of-unfair-methods-of-competition.md
Stored source content
**(a) Unlawful activity** It is unlawful to engage in an unfair or deceptive act or practice with respect to any substance use disorder treatment service or substance use disorder treatment product.
**(b) Enforcement by the Federal Trade Commission**
(1) **Unfair or deceptive acts or practices** — A violation of subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act ([15 U.S.C. 57a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a&num=0&edition=prelim)) regarding unfair or deceptive acts or practices.
(2) **Powers of the Federal Trade Commission**
(A) *In general* — The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of 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.) were incorporated into and made a part of this section.
(B) *Privileges and immunities* — Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of 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.) were incorporated and made part of this section.
**(c) Authority preserved** Nothing in this subtitle shall be construed to limit the authority of the Federal Trade Commission or the Food and Drug Administration under any other provision of law.
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Trade Commission Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 58
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Commission to prescribe rules and general statements of policy**
(1) Except as provided in subsection (h), the Commission may prescribe—
(A) interpretive rules and general statements of policy with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)), and
(B) rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)), except that the Commission shall not develop or promulgate any trade rule or regulation with regard to the regulation of the development and utilization of the standards and certification activities pursuant to this section. Rules under this subparagraph may include requirements prescribed for the purpose of preventing such acts or practices.
(2) The Commission shall have no authority under this subchapter, other than its authority under this section, to prescribe any rule with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)). The preceding sentence shall not affect any authority of the Commission to prescribe rules (including interpretive rules), and general statements of policy, with respect to unfair methods of competition in or affecting commerce.
**(b) Procedures applicable**
(1) When prescribing a rule under subsection (a)(1)(B) of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 57a
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Federal law — U.S. Code and appendices · legal_authorities
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
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Federal law — U.S. Code and appendices · legal_authorities
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.
Federal law — U.S. Code and appendices · legal_authorities
Page 61
TITLE 15—COMMERCE AND TRADE
§ 45d
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening—
(I) be heard on all matters arising in
the civil action; and
(II) file petitions for appeal of a deci-
sion in the civil action.
(3) Investigatory powers
Nothing in this subsection may be construed
to prevent the attorney general of a State
from exercising the powers conferred on the
attorney general by the laws of the State to
conduct investigations, to administer oaths or
affirmations, or to compel the attendance of
witnesses or the production of documentary or
other evidence.
(4) Preemptive action by Federal Trade Com-
mission
If the Commission institutes a civil action
or an administrative action with respect to a
violation of subsection (a), the attorney gen-
eral of a State may not, during the pendency
of such action, bring a civil action under para-
graph (1) against any defendant named in the
complaint of the Commission for the violation
with respect to which the Commission insti-
tuted such action.
(5) Venue; service of process
(A) Venue
Any action brought under paragraph (1)
may be brought in—
(i) the district court of the United States
that meets applicable requirements relat-
ing to venue under section 1391 of title 28;
or
(ii) another court of competent jurisdic-
tion.
(B) Service of process
In an action brought under paragraph (1),
process may be served in any district in
which the defendant—
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other State officials
(A) In general
In addition to civil actions brought by at-
torneys general under paragraph (1), any
other consumer protection officer of a State
who is authorized by the State to do so
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 45d
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Federal law — U.S. Code and appendices · legal_authorities
Page 78
TITLE 15—COMMERCE AND TRADE
§ 57
right of the Commission to commence, defend,
or intervene in, any such action or appeal may
be extinguished due to any procedural require-
ment of any court with respect to the time in
which any pleadings, notice of appeal, or other
acts pertaining to such action or appeal may be
taken, the Attorney General shall have one-half
of the time required to comply with any such
procedural requirement of the court (including
any extension of such time granted by the court)
for the purpose of commencing, defending, or in-
tervening in the civil action pursuant to para-
graph (1) or for the purpose of refusing to appeal
or file a petition for writ of certiorari and the
written notification or failing to take any ac-
tion pursuant to paragraph 3(A)(ii).
(5) The provisions of this subsection shall
apply notwithstanding chapter 31 of title 28, or
any other provision of law.
(b) Certification by Commission to Attorney Gen-
eral for criminal proceedings
Whenever the Commission has reason to be-
lieve that any person, partnership, or corpora-
tion is liable for a criminal penalty under this
subchapter, the Commission shall certify the
facts to the Attorney General, whose duty it
shall be to cause appropriate criminal pro-
ceedings to be brought.
(c) Foreign litigation
(1) Commission attorneys
With the concurrence of the Attorney Gen-
eral, the Commission may designate Commis-
sion attorneys to assist the Attorney General
in connection with litigation in foreign courts
on particular matters in which the Commis-
sion has an interest.
(2) Reimbursement for foreign counsel
The Commission is authorized to expend ap-
propriated funds, upon agreement with the At-
torney General, to reimburse the Attorney
General for the reten
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 57a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 57a. This identifies an authority to review, not proof of applicability.