15 U.S.C. § 2071 — Injunctive enforcement and seizure

Page 1753 TITLE 15—COMMERCE AND TRADE § 2071 ‘‘the Commission shall consider the appropriateness of such penalty to the size of the business of the person charged, the nature of the product defect, the severity of the risk of injury, the occurrence or absence of in- jury, and the number of defective products distributed’’ for ‘‘the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered’’, and redesignated subsec. (c) as (d). 1978—Subsec. (a)(1). Pub. L. 95–631 made violation of section 2068(a)(10) of this title a separate offense. 1976—Subsec. (a)(1). Pub. L. 94–284 inserted reference to pars. (8) and (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 217(a)(1) of Pub. L. 110–314 ef- fective on the date that is the earlier of the date on which final regulations are issued under section 217(b)(2) of Pub. L. 110–314, set out below, or 1 year after Aug. 14, 2008, see section 217(a)(4) of Pub. L. 110–314, set out as a note under section 1194 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. CIVIL PENALTY CRITERIA Pub. L. 110–314, title II, § 217(b)(2), Aug. 14, 2008, 122 Stat. 3059, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Aug. 14, 2008], and in accordance with the procedures of section 553 of title 5, United States Code, the [Consumer Product Safety] Commission shall issue a final regulation providing its interpretation of the penalty factors described in sec- tion 20(b) of the Consumer Product Safety Act (15 U.S.C. 2069(b)), section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(2)), as amended by subsection (a).’’ § 2070. Criminal penalties (a) Violation of section 2068 of this title is punishable by— (1) imprisonment for not more than 5 years for a knowing and willful violation of that sec- tion; (2) a fine determined under section 3571 of title 18; or (3) both. (b) Any individual director, officer, or agent of a corporation who knowingly and willfully au- thorizes, orders, or performs any of the acts or practices constituting in whole or in part a vio- lation of section 2068 of this title shall be sub- ject to penalties under this section without re- gard to any penalties to which that corporation may be subject under subsection (a). (c)(1) In addition to the penalties provided by subsection (a), the penalty for a criminal viola- tion of this chapter or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation. (2) In this subsection, the term ‘‘criminal vio- lation’’ means a violation of this chapter or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be im- prisoned, or both. (Pub. L. 92–573, § 21, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 110–314, title II, § 217(c)(1), (2), (d), Aug. 14, 2008, 122 Stat. 3060.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–314, § 217(c)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Any person who knowingly and will- fully violates section 2068 of this title after having re- ceived notice of noncompliance from the Commission shall be fined not more than $50,000 or be imprisoned not more than one year, or both.’’ Subsec. (b). Pub. L. 110–314, § 217(c)(2), struck out ‘‘, and who has knowledge of notice of noncompliance received by the corporation from the Commission,’’ after ‘‘section 2068 of this title’’. Subsec. (c). Pub. L. 110–314, § 217(d), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2071. Injunctive enforcement and seizure (a) Jurisdiction The United States district courts shall have jurisdiction to take the following action: (1) Restrain any violation of section 2068 of this title. (2) Restrain any person from manufacturing for sale, offering for sale, distributing in com- merce, or importing into the United States a product in violation of an order in effect under section 2064(d) of this title. (3) Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule. Such actions may be brought by the Commis- sion (without regard to section 2076(b)(7)(A) of this title) or by the Attorney General in any United States district court for a district where- in any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or trans- acts business. In any action under this section process may be served on a defendant in any other district in which the defendant resides or may be found. (b) Products liable to proceeding Any consumer product— (1) which fails to conform with an applicable consumer product safety rule, or (2) the manufacture for sale, offering for sale, distribution in commerce, or the impor- tation into the United States of which has been prohibited by an order in effect under section 2064(d) of this title, when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdic- tion of which such consumer product is found. Proceedings in cases instituted under the au- thority of this subsection shall conform as near- ly as possible to proceedings in rem in admi- Page 1754 TITLE 15—COMMERCE AND TRADE § 2072 ralty. Whenever such proceedings involving sub- stantially similar consumer products are pend- ing in courts of two or more judicial districts they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest upon notice to all other parties in interest. (Pub. L. 92–573, § 22, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 94–284, §§ 11(b), 12(c), May 11, 1976, 90 Stat. 507, 508.) Editorial Notes AMENDMENTS 1976—Subsec. (a). Pub. L. 94–284, §§ 11(b), 12(c)(1), des- ignated existing provision as par. (1) and (3), added par. (2), and in provision following par. (3) substituted ‘‘(without regard to section 2076(b)(7)(A) of this title)’’ for ‘‘(with the concurrence of the Attorney General)’’. Subsec. (b). Pub. L. 94–284, § 12(c)(2), amended subsec. (b) generally, inserting provision designated as par. (2) which included within consumer products liable to pro- ceedings, a product of which the manufacture for sale, offering for sale, distribution in commerce, or importa- tion into the United States has been prohibited. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2072. Suits for damages (a) Persons injured; costs; amount in controversy Any person who shall sustain injury by reason of any knowing (including willful) violation of a consumer product safety rule, or any other rule or order issued by the Commission may sue any person who knowingly (including willfully) vio- lated any such rule or order in any district court of the United States in the district in which the defendant resides or is found or has an agent, shall recover damages sustained and may, if the court determines it to be in the interest of jus- tice, recover the costs of suit, including reason- able attorneys’ fees (determined in accordance with section 2060(f) of this title) and reasonable expert witnesses’ fees: Provided, That the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and cost, unless such action is brought against the United States, any agency thereof, or any officer or em- ployee thereof in his official capacity. (b) Denial and imposition of costs Except when express provision is made in a statute of the United States, in any case in which the plaintiff is finally adjudged to be enti- tled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be ad- judged to be entitled, and exclusive of interests and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. (c) Remedies available The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by common law or under Fed- eral or State law. (Pub. L. 92–573, § 23, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(c), May 11, 1976, 90 Stat. 507; Pub. L. 96–486, § 3, Dec. 1, 1980, 94 Stat. 2369; Pub. L. 97–35, title XII, § 1211(h)(3)(B), Aug. 13, 1981, 95 Stat. 723.) Editorial Notes AMENDMENTS 1981—Subsec. (a). Pub. L. 97–35 substituted ‘‘section 2060(f) of this title’’ for ‘‘section 2059(e)(4) of this title’’. 1980—Subsec. (a). Pub. L. 96–486, § 3(a), struck out pro- vision subjecting actions under this section to section 1331 of title 28 as to the amount in controversy and in- serted proviso establishing minimum amount in con- troversy and excepting actions brought against the United States, or agencies, officers, or employees thereof. Subsecs. (b), (c). Pub. L. 96–486, § 3(b), added subsec. (b) and redesignated former subsec. (b) as (c). 1976—Subsec. (a). Pub. L. 94–284 substituted ‘‘shall’’ for ‘‘and shall’’ and provision permitting the court to award costs in the interest of justice for a prior provi- sion which permitted the court to award costs in its discretion. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE OF 1980 AMENDMENT; APPLICABILITY For effective date and applicability of amendment by Pub. L. 96–486, see section 4 of Pub. L. 96–486, set out as an Effective Date of 1980 Amendment note under sec- tion 1331 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2073. Additional enforcement of product safety rules and section 2064 orders (a) In general Any interested person (including any indi- vidual or nonprofit, business, or other entity) may bring an action in any United States dis- trict court for the district in which the defend- ant is found or transacts business to enforce a consumer product safety rule or an order under section 2064 of this title, and to obtain appro- priate injunctive relief. Not less than thirty days prior to the commencement of such action, such interested person shall give notice by reg- istered mail to the Commission, to the Attorney General, and to the person against whom such action is directed. Such notice shall state the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought. No separate suit shall be brought under this sec- tion if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter. In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attor- neys’ fees (determined in accordance with sec- tion 2060(f) of this title) and reasonable expert witnesses’ fees.