15 U.S.C. § 69g — Condemnation and injunction proceedings

Page 110 TITLE 15—COMMERCE AND TRADE § 69g 1 So in original. Probably should be ‘‘violating,’’. § 69g. Condemnation and injunction proceedings (a) Grounds for condemnation; disposition of merchandise (1) Any fur product or fur shall be liable to be proceeded against in the district court of the United States for the district in which found, and to be seized for confiscation by process of libel for condemnation, if the Commission has reasonable cause to believe such fur product or fur is being manufactured or held for shipment, or shipped, or held for sale or exchange after shipment, in commerce, in violation of the pro- visions of this subchapter, and if after notice from the Commission the provisions of this sub- chapter with respect to such fur product or fur are not shown to be complied with. Proceedings in such libel cases shall conform as nearly as may be to suits in rem in admiralty, and may be brought by the Commission. (2) If such fur products or furs are condemned by the court, they shall be disposed of, in the discretion of the court, by destruction, by sale, by delivery to the owner or claimant thereof upon payment of legal costs and charges and upon execution of good and sufficient bond to the effect that such fur or fur products will not be disposed of until properly marked, advertised, and invoiced as required under the provisions of this subchapter; or by such charitable disposi- tion as the court may deem proper. If such furs or fur products are disposed of by sale, the pro- ceeds, less legal costs and charges, shall be paid into the Treasury of the United States as mis- cellaneous receipts. (b) Grounds for temporary injunction or re- straining order; issuance without bond Whenever the Commission has reason to be- lieve that— (1) any person is volating,1 or is about to vio- late, section 69a, 69d, or 69h(b) of this title; and (2) it would be to the public interest to en- join such violation until complaint is issued by the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] and such complaint dismissed by the Commission or set aside by the court on review, or until order to cease and desist made thereon by the Commis- sion has become final within the meaning of said Act, the Commission may bring suit in the district court of the United States or in the United States court of any Territory, for the district or Territory in which such person resides or trans- acts business, to enjoin such violation, and upon proper showing a temporary injunction or re- straining order shall be granted without bond. (Aug. 8, 1951, ch. 298, § 9, 65 Stat. 180.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (b)(2), is defined in section 69 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, 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. § 69h. Guaranty (a) Avoidance of liability; requirements No person shall be guilty under section 69a of this title if he establishes a guaranty received in good faith signed by and containing the name and address of the person residing in the United States by whom the fur product or fur guaran- teed was manufactured or from whom it was re- ceived, that said fur product is not misbranded or that said fur product or fur is not falsely ad- vertised or invoiced under the provisions of this subchapter. Such guaranty shall be either (1) a separate guaranty specifically designating the fur product or fur guaranteed, in which case it may be on the invoice or other paper relating to such fur product or fur; or (2) a continuing guar- anty filed with the Commission applicable to any fur product or fur handled by a guarantor, in such form as the Commission by rules and regulations may prescribe. (b) Furnishing false guaranty It shall be unlawful for any person to furnish, with respect to any fur product or fur, a false guaranty (except a person relying upon a guar- anty to the same effect received in good faith signed by and containing the name and address of the person residing in the United States by whom the fur product or fur guaranteed was manufactured or from whom it was received) with reason to believe the fur product or fur falsely guaranteed may be introduced, sold, transported, or distributed in commerce, and any person who violates the provisions of this subsection is guilty of an unfair method of com- petition, and an unfair or deceptive act or prac- tice, in commerce within the meaning of the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (Aug. 8, 1951, ch. 298, § 10, 65 Stat. 181.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (b), is defined in section 69 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, 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. § 69i. Criminal penalty (a) Any person who willfully violates section 69a, 69d, or 69h(b) of this title shall be guilty of a misdemeanor and upon conviction shall be fined not more than $5,000, or be imprisoned not more than one year, or both, in the discretion of the court.