15 U.S.C. § 56 — Commencement, defense, intervention and

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 added par. (2) relat- ing to oleomargarine. Subsec. (f). Act Mar. 16, 1950, § 4(b), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1950 AMENDMENT Amendment by act Mar. 16, 1950, effective July 1, 1950, see note set out under section 347 of Title 21, Food and Drugs. § 56. Commencement, defense, intervention and supervision of litigation and appeal by Com- mission or Attorney General (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 inter- vening in, any civil action involving this sub- chapter (including an action to collect a civil penalty) which the Commission, or the Attor- ney 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 com- mence, defend, or intervene in, such action; the Commission may commence, defend, or in- tervene 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 (relating to injunctive relief); (B) under section 57b of this title (relating to consumer redress); (C) to obtain judicial review of a rule pre- scribed by the Commission, or a cease and de- sist order issued under section 45 of this title; (D) under the second paragraph of section 49 of this title (relating to enforcement of a sub- pena) and under the fourth paragraph of such section (relating to compliance with section 46 of this title); or (E) under section 57b–2a of this title; the Commission shall have exclusive authority to commence or defend, and supervise the litiga- tion of, such action and any appeal of such ac- tion in its own name by any of its attorneys des- ignated by it for such purpose, unless the Com- mission 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 re- quest 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 para- graph (1) or (2), to represent itself through any of its attorneys designated by it for such pur- pose 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 rea- sons for such refusal within such 60-day pe- riod; or (b) the Attorney General fails to take any action with respect to the Commission’s re- quest. (B) In any case where the Attorney General represents the Commission before the Supreme Court in any civil action in which the Commis- sion 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 re- spect to representation before the Supreme Court), the term ‘‘Attorney General’’ includes the Solicitor General. (4) If, prior to the expiration of the 45-day pe- riod specified in paragraph (1) of this section or a 60-day period specified in paragraph (3), any 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 retention of foreign counsel for litigation in foreign courts and for ex- penses 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 indefi- nite appropriation authorized by section 1304 of title 31. (4) Other authority The authority provided by this subsection is in addition to any other authority of the Com- mission or the Attorney General. (Sept. 26, 1914, ch. 311, § 16, as added Mar. 21, 1938, ch. 49, § 4, 52 Stat. 114; amended Pub. L. 93–153, title IV, § 408(g), Nov. 16, 1973, 87 Stat. 592; Pub. L. 93–637, title II, § 204(a), Jan. 4, 1975, 88 Stat. 2199; Pub. L. 109–455, §§ 5, 7(b), 13, Dec. 22, 2006, 120 Stat. 3375, 3379, 3382; Pub. L. 112–203, § 1, Dec. 4, 2012, 126 Stat. 1484.) AMENDMENT OF SECTION For repeal of amendment by section 13 of Pub. L. 109–455, see Termination Date of 2006 Amend- ment note below. Editorial Notes AMENDMENTS 2012—Pub. L. 112–203, § 1, amended Pub. L. 109–455, § 13. See 2006 Amendment notes below. 2006—Subsec. (a)(2)(E). Pub. L. 109–455, § 7(b), which added subpar. (E) reading ‘‘under section 57b–2a of this title;’’, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. Subsec. (c). Pub. L. 109–455, § 5, which added subsec. (c) relating to attorneys used and money expended for foreign litigation, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. 1975—Pub. L. 93–637 substituted provisions author- izing the Commission at its election to appear in court by its own name and designate its attorneys for such purpose, for provisions relating to the certification of facts by the Commission to the Attorney General who brought the appropriate proceedings, or, after compli- ance with section 45(m) of this title, itself brought the appropriate proceedings. 1973—Pub. L. 93–153 inserted provisions authorizing the Federal Trade Commission to itself cause appro- priate proceedings to be brought after compliance with the requirements of section 45(m) of this title. Statutory Notes and Related Subsidiaries TERMINATION DATE OF 2006 AMENDMENT Amendment by sections 5 and 7(b) of Pub. L. 109–455 repealed effective Sept. 30, 2027, and provisions amend- ed by Pub. L. 109–455 to be amended to read as if Pub. L. 109–455 had not been enacted, see section 13 of Pub. L. 109–455, set out as a note under section 44 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 93–637, title II, § 204(c), Jan. 4, 1975, 88 Stat. 2200, provided that: ‘‘The amendment and repeal made by this section [amending this section and repealing section 45(m) of this title] shall not apply to any civil action commenced before the date of enactment of this Act [Jan. 4, 1975].’’ 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. § 57. Separability clause If any provision of this subchapter, or the ap- plication thereof to any person, partnership, or corporation, or circumstance, is held invalid, the remainder of this subchapter, and the appli- cation of such provisions to any other person, partnership, corporation, or circumstance, shall not be affected thereby. (Sept. 26, 1914, ch. 311, § 17, as added Mar. 21, 1938, ch. 49, § 4, 52 Stat. 114.) § 57a. Unfair or deceptive acts or practices rule- making proceedings (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 state- ments of policy with respect to unfair or de-