21 U.S.C. § 332 — Injunction proceedings

Page 56 TITLE 21—FOOD AND DRUGS § 332 1 So in original. Probably should be followed by a comma. 1 So in original. Words ‘‘of this section’’ probably should not appear. restrictions under such section 301(ddd) that have begun to apply under subsection (b) [set out as a note above].’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Admin- istrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title. § 332. Injunction proceedings (a) Jurisdiction of courts The district courts of the United States and the United States courts of the Territories shall have jurisdiction, for cause shown 1 to restrain violations of section 331 of this title, except paragraphs (h), (i), and (j). (b) Violation of injunction In case of violation of an injunction or re- straining order issued under this section, which also constitutes a violation of this chapter, trial shall be by the court, or, upon demand of the ac- cused, by a jury. (June 25, 1938, ch. 675, § 302, 52 Stat. 1043; Pub. L. 87–781, title I, § 103(d), title II, § 201(c), Oct. 10, 1962, 76 Stat. 784, 793; Pub. L. 103–80, § 3(d), Aug. 13, 1993, 107 Stat. 775.) Editorial Notes AMENDMENTS 1993—Subsec. (a). Pub. L. 103–80, § 3(d)(1), struck out ‘‘, and subject to the provisions of section 17 (relating to notice to opposite party) of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved Oc- tober 15, 1914, as amended (U.S.C., 1934 ed., title 28, sec. 381),’’ after ‘‘for cause shown’’. Subsec. (b). Pub. L. 103–80, § 3(d)(2), struck out at end ‘‘Such trial shall be conducted in accordance with the practice and procedure applicable in the case of pro- ceedings subject to the provisions of section 22 of such Act of October 15, 1914, as amended (U.S.C., 1934 ed., title 28, sec. 387).’’ 1962—Subsec. (a). Pub. L. 87–781, § 103(d), struck out ‘‘(e),’’ after ‘‘paragraphs’’. Pub. L. 87–781, § 201(c), struck out ‘‘(f),’’ after ‘‘para- graphs’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Amendment by section 103(c) of Pub. L. 87–781 effec- tive on first day of seventh calendar month following October 1962, see section 107 of Pub. L. 87–781, set out as a note under section 321 of this title. Pub. L. 87–781, title II, § 203, Oct. 10, 1962, 76 Stat. 793, provided that: ‘‘The amendments made by this title [amending this section and section 374 of this title and enacting provisions set out as notes under sections 321 and 374 of this title] shall take effect on the date of en- actment of this Act [Oct. 10, 1962].’’ § 333. Penalties (a) Violation of section 331 of this title; second violation; intent to defraud or mislead (1) Any person who violates a provision of sec- tion 331 of this title shall be imprisoned for not more than one year or fined not more than $1,000, or both. (2) Notwithstanding the provisions of para- graph (1) of this section,1 if any person commits such a violation after a conviction of him under this section has become final, or commits such a violation with the intent to defraud or mis- lead, such person shall be imprisoned for not more than three years or fined not more than $10,000, or both. (b) Prescription drug marketing violations (1) Notwithstanding subsection (a), any person who violates section 331(t) of this title by— (A) knowingly importing a drug in violation of section 381(d)(1) of this title, (B) knowingly selling, purchasing, or trading a drug or drug sample or knowingly offering to sell, purchase, or trade a drug or drug sample, in violation of section 353(c)(1) of this title, (C) knowingly selling, purchasing, or trading a coupon, knowingly offering to sell, purchase, or trade such a coupon, or knowingly counter- feiting such a coupon, in violation of section 353(c)(2) of this title, or (D) knowingly distributing drugs in viola- tion of section 353(e)(1) of this title, shall be imprisoned for not more than 10 years or fined not more than $250,000, or both. (2) Any manufacturer or distributor who dis- tributes drug samples by means other than the mail or common carrier whose representative, during the course of the representative’s em- ployment or association with that manufacturer or distributor, violated section 331(t) of this title because of a violation of section 353(c)(1) of this title or violated any State law prohibiting the sale, purchase, or trade of a drug sample subject to section 353(b) of this title or the offer to sell, purchase, or trade such a drug sample shall, upon conviction of the representative for such violation, be subject to the following civil penalties: (A) A civil penalty of not more than $50,000 for each of the first two such violations result- ing in a conviction of any representative of the manufacturer or distributor in any 10-year period. (B) A civil penalty of not more than $1,000,000 for each violation resulting in a con- viction of any representative after the second conviction in any 10-year period. For the purposes of this paragraph, multiple convictions of one or more persons arising out of the same event or transaction, or a related se- ries of events or transactions, shall be consid- ered as one violation. (3) Any manufacturer or distributor who vio- lates section 331(t) of this title because of a fail- ure to make a report required by section 353(d)(3)(E) of this title shall be subject to a civil penalty of not more than $100,000. (4)(A) If a manufacturer or distributor or any representative of such manufacturer or dis- tributor provides information leading to the in- stitution of a criminal proceeding against, and conviction of, any representative of that manu- facturer or distributor for a violation of section