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15 U.S.C. § 56 — Commencement, defense, intervention and supervision of litigation and appeal by Commission or Attorney General
Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedure for exercise of authority to litigate or appeal**
(1) Except as otherwise provided in paragraph (2) or (3), if—
(A) before commencing, defending, or intervening in, any civil action involving this subchapter (including an action to collect a civil penalty) which the Commission, or the Attorney General on behalf of the Commission, is authorized to commence, defend, or intervene in, the Commission gives written notification and undertakes to consult with the Attorney General with respect to such action; and
(B) the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action;
the Commission may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose.
(2) Except as otherwise provided in paragraph (3), in any civil action—
(A) under [section 53 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section53&num=0&edition=prelim) (relating to injunctive relief);
(B) under [section 57b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57b&num=0&edition=prelim) (relating to consumer redress);
(C) to obtain judicial review of a rule prescribed by the Commission, or a cease and desist order issued under [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim);
(D) under the second paragraph of [section 49 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section49&num=0&edition=prelim) (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to
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Source file: Laws/federal/codes/united-states-code/title-15/section-56-commencement-defense-intervention-and-supervision-of-litigation-and-appe--5f9a686575.md
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Source location: Title 15, Chapter 2, § 56; chapter-002-federal-trade-commission-promotion-of-export-trade-and-prevention-of-unfair-methods-of-competition.md
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**(a) Procedure for exercise of authority to litigate or appeal**
(1) Except as otherwise provided in paragraph (2) or (3), if—
(A) before commencing, defending, or intervening in, any civil action involving this subchapter (including an action to collect a civil penalty) which the Commission, or the Attorney General on behalf of the Commission, is authorized to commence, defend, or intervene in, the Commission gives written notification and undertakes to consult with the Attorney General with respect to such action; and
(B) the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action;
the Commission may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose.
(2) Except as otherwise provided in paragraph (3), in any civil action—
(A) under [section 53 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section53&num=0&edition=prelim) (relating to injunctive relief);
(B) under [section 57b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57b&num=0&edition=prelim) (relating to consumer redress);
(C) to obtain judicial review of a rule prescribed by the Commission, or a cease and desist order issued under [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim);
(D) under the second paragraph of [section 49 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section49&num=0&edition=prelim) (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with [section 46 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section46&num=0&edition=prelim)); or
(E) under [section 57b–2a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57b-2a&num=0&edition=prelim);
the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law.
(3)
(A) If the Commission makes a written request to the Attorney General, within the 10-day period which begins on the date of the entry of the judgment in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2), to represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in such action, it may do so, if—
(i) the Attorney General concurs with such request; or
(ii) the Attorney General, within the 60-day period which begins on the date of the entry of such judgment— (a) refuses to appeal or file a petition for writ of certiorari with respect to such civil action, in which case he shall give written notification to the Commission of the reasons for such refusal within such 60-day period; or (b) the Attorney General fails to take any action with respect to the Commission’s request.
(B) In any case where the Attorney General represents the Commission before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2), the Attorney General may not agree to any settlement, compromise, or dismissal of such action, or confess error in the Supreme Court with respect to such action, unless the Commission concurs.
(C) For purposes of this paragraph (with respect to representation before the Supreme Court), the term “Attorney General” includes the Solicitor General.
(4) If, prior to the expiration of the 45-day period specified in paragraph (1) of this section or a 60-day period specified in paragraph (3), any right of the Commission to commence, defend, or intervene in, any such action or appeal may be extinguished due to any procedural requirement 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 intervening in the civil action pursuant to paragraph (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 action 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 General for criminal proceedings** Whenever the Commission has reason to believe that any person, partnership, or corporation 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 proceedings to be brought.
**(c) Foreign litigation**
(1) **Commission attorneys** — With the concurrence of the Attorney General, the Commission may designate Commission attorneys to assist the Attorney General in connection with litigation in foreign courts on particular matters in which the Commission has an interest.
(2) **Reimbursement for foreign counsel** — The Commission is authorized to expend appropriated funds, upon agreement with the Attorney General, to reimburse the Attorney General for the retention of foreign counsel for litigation in foreign courts and for expenses related to litigation in foreign courts in which the Commission has an interest.
(3) **Limitation on use of funds** — Nothing in this subsection authorizes the payment of claims or judgments from any source other than the permanent and indefinite appropriation authorized by [section 1304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1304&num=0&edition=prelim).
(4) **Other authority** — The authority provided by this subsection is in addition to any other authority of the Commission or the Attorney General.
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Federal law — U.S. Code and appendices · legal_authorities
The Commission shall also have power—
**(a) Investigation of persons, partnerships, or corporations** To gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person, partnership, or corporation engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), and common carriers subject to the Act to regulate commerce, and its relation to other persons, partnerships, and corporations.
**(b) Reports of persons, partnerships, and corporations** To require, by general or special orders, persons, partnerships, and corporations, engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), and common carriers subject to the Act to regulate commerce, or any class of them, or any of them, respectively, to file with the Commission in such form as the Commission may prescribe annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commission such information as it may require as to the organization, business, condu
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Suits by Commission against persons, partnerships, or corporations; jurisdiction; relief for dishonest or fraudulent acts**
(1) If any person, partnership, or corporation violates any rule under this subchapter respecting unfair or deceptive acts or practices (other than an interpretive rule, or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of [section 45(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a&num=0&edition=prelim)), then the Commission may commence a civil action against such person, partnership, or corporation for relief under subsection (b) in a United States district court or in any court of competent jurisdiction of a State.
(2) If any person, partnership, or corporation engages in any unfair or deceptive act or practice (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)) with respect to which the Commission has issued a final cease and desist order which is applicable to such person, partnership, or corporation, then the Commission may commence a civil action against such person, partnership, or corporation in a United States district court or in any court of competent jurisdiction of a State. If the Commission satisfies the court that the act or practice to which the cease and desist order relates is one which a reasonable man would have known under the circumstances was dishonest or fraudulent, the court may grant relief under subsection (b).
**(b) Nature of relief available** The court in an action under subsection (a) shall have jurisdiction to grant such relief as the court finds necessary to redress injury to consume
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade**
(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
(2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.
(3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless—
(A) such methods of competition have a direct, substantial, and reasonably foreseeable effect—
(i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter the Commission, or its duly authorized agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, partnership, or corporation being investigated or proceeded against; and the Commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. Any member of the Commission may sign subpoenas, and members and examiners of the Commission may administer oaths and affirmations, examine witnesses, and receive evidence.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
The words defined in this section shall have the following meaning when found in this subchapter, to wit:
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Power of Commission; jurisdiction of courts** Whenever the Commission has reason to believe—
(1) that any person, partnership, or corporation is engaged in, or is about to engage in, the dissemination or the causing of the dissemination of any advertisement in violation of [section 52 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section52&num=0&edition=prelim), and
(2) that the enjoining thereof pending the issuance of a complaint by the Commission under [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim), and until such complaint is dismissed by the Commission or set aside by the court on review, or the order of the Commission to cease and desist made thereon has become final within the meaning of [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim), would be to the interest of the public,
the Commission by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States or in the United States court of any Territory, to enjoin the dissemination or the causing of the dissemination of such advertisement. Upon proper showing a temporary injunction or restraining order shall be granted without bond. Any suit may be brought where such person, partnership, or corporation resides or transacts business, or wherever venue is proper under [section 1391 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1391&num=0&edition=prelim). In addition, the court may, if the court determines that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when—
(1) payment is not otherwise provided for;
(2) payment is certified by the Secretary of the Treasury; and
(3) the judgment, award, or settlement is payable—
(A) under section 2414, 2517, 2672, or 2677 of title 28;
(B) under [section 3723 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3723&num=0&edition=prelim);
(C) under a decision of a board of contract appeals; or
(D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733, 2733a, or 2734 of title 10, [section 715 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section715&num=0&edition=prelim), or [section 20113 of title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section20113&num=0&edition=prelim).
**(b)**
(1) Interest may be paid from the appropriation made by this section—
(A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or
(B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under [section 2516(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2516/b&num=0&edition=prelim), only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before t
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.
**(b)** Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose
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Federal law — U.S. Code and appendices · legal_authorities
Page 77
TITLE 15—COMMERCE AND TRADE
§ 56
duced into, or otherwise applied to the human
body or any part thereof intended for cleansing,
beautifying, promoting attractiveness, or alter-
ing the appearance, and (2) articles intended for
use as a component of any such article; except
that such term shall not include soap.
(f) Oleomargarine or margarine
For the purposes of this section and section
347 of title 21, the term ‘‘oleomargarine’’ or
‘‘margarine’’ includes—
(1) all substances, mixtures, and compounds
known as oleomargarine or margarine;
(2) all substances, mixtures, and compounds
which have a consistence similar to that of
butter and which contain any edible oils or
fats other than milk fat if made in imitation
or semblance of butter.
(Sept. 26, 1914, ch. 311, § 15, as added Mar. 21, 1938,
ch. 49, § 4, 52 Stat. 114; amended Mar. 16, 1950, ch.
61, § 4(a), (b), 64 Stat. 21; Pub. L. 94–295,
§ 3(a)(1)(B), May 28, 1976, 90 Stat. 575.)
Editorial Notes
AMENDMENTS
1976—Subsec. (d). Pub. L. 94–295 expanded definition
of ‘‘device’’ to include implements, machines, implants,
in vitro reagents, and other similar or related articles,
added recognition in the National Formulary or the
United States Pharmacopeia, or any supplement to the
Formulary or Pharmacopeia, to the enumeration of
conditions under which a device may qualify for inclu-
sion under this chapter, and inserted requirements that
a device be one which does not achieve any of its prin-
cipal intended purposes through chemical action within
or on the body of man or other animals and which is
not dependent upon being metabolized for the achieve-
ment of any of its principal intended purposes.
1950—Subsec. (a). Act Mar. 16, 1950, § 4(a), designated
existing provisions as par. (1) and add
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