§ 1195. — Injunction and condemnation proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1195]
TITLE 15--COMMERCE AND TRADE
CHAPTER 25--FLAMMABLE FABRICS
Sec. 1195. Injunction and condemnation proceedings
(a) Temporary injunction; venue
Whenever the Commission has reason to believe that any person is
violating or is about to violate section 1192 of this title, or a rule
or regulation prescribed under section 1194(c) of this title, and that
it would be in the public interest to enjoin such violation until
complaint under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]
is issued and dismissed by the Commission or until order to cease and
desist made thereon by the Commission has become final within the
meaning of the Federal Trade Commission Act or is set aside by the court
on review, the Commission may bring suit in the district court of the
United States for the district in which such person resides or transacts
business, or, if such person resides or transacts business in Guam or
the Virgin Islands, then in the District Court of Guam or in the
District Court of the Virgin Islands (as the case may be), to enjoin
such violation and upon proper showing a temporary injunction or
restraining order shall be granted without bond.
(b) Process of libel for seizure and confiscation; manner of procedure;
consolidation of trials
Whenever the Commission has reason to believe that any product has
been manufactured or introduced into commerce or any fabric or related
material has been introduced in commerce in violation of section 1192 of
this title, it may institute proceedings by process of libel for the
seizure and confiscation of such product, fabric, or related material in
any district court of the United States within the jurisdiction of which
such product, fabric, or related material is found. Proceedings in cases
instituted under the authority of this section shall conform as nearly
as may be to proceedings in rem in admiralty, except that on demand of
either party and in the discretion of the court, any issue of fact shall
be tried by jury. Whenever such proceedings involving identical
products, fabrics, or related materials are pending in two or more
jurisdictions, they may be consolidated for trial by order of any such
court upon application seasonably made by any party in interest upon
notice to all other parties in interest. Any court granting an order of
consolidation shall cause prompt notification thereof to be given to
other courts having jurisdiction in the cases covered thereby and the
clerks of such other courts shall transmit all pertinent records and
papers to the court designated for the trial of such consolidated
proceedings.
(c) Application by defendant for representative sample of seized
materials
In any such action the court, upon application seasonably made
before trial, shall by order allow any party in interest, his attorney
or agent, to obtain a representative sample of the product, fabric, or
related material seized.
(d) Disposal of condemned materials
If such products, fabrics, or related materials are condemned by the
court they shall be disposed of by destruction, by delivery to the owner
or claimant thereof upon payment of court costs and fees and storage and
other proper expenses and upon execution of good and sufficient bond to
the effect that such products, fabrics, or related materials will not be
disposed of until properly and adequately treated or processed so as to
render them lawful for introduction into commerce, or by sale upon
execution of good and sufficient bond to the effect that such products,
fabrics, or related materials will not be disposed of until properly and
adequately treated or processed so as to render them lawful for
introduction into commerce. If such products, fabrics, or related
materials are disposed of by sale the proceeds, less costs and charges,
shall be paid into the Treasury of the United States.
(June 30, 1953, ch. 164, Sec. 6, 67 Stat. 113; Pub. L. 90-189, Sec. 5,
Dec. 14, 1967, 81 Stat. 571.)
References in Text
The Federal Trade Commission Act, referred to in subsec. (a), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title.
For complete classification of this Act to the Code, see section 58 of
this title and Tables.
Amendments
1967--Subsec. (a). Pub. L. 90-189, Sec. 5(a), inserted ``, or a rule
or regulation prescribed under section 1194 (c) of this title,'' after
``section 1192 of this title'' and substituted ``for the district in
which such person resides or transacts business, or, if such person
resides or transacts business in Guam or the Virgin Islands, then in the
District Court of Guam or in the District Court of the Virgin Islands
(as the case may be)'' for ``or in the United States court of any
Territory for the district or Territory in which such person resides or
transacts business''.
Subsec. (b). Pub. L. 90-189, Sec. 5(b), substituted ``product'' for
``article of wearing apparel'', ``product, fabric, or related material''
for ``article of wearing apparel or fabric'' in two places and
``products, fabrics, or related materials'' for ``articles of wearing
apparel or fabrics'', and inserted ``or related material'' before ``has
been introduced in commerce''.
Subsec. (c). Pub. L. 90-189, Sec. 5(b), substituted ``product,
fabric, or related material'' for ``article of wearing apparel or
fabric''.
Subsec. (d). Pub. L. 90-189, Sec. 5(b), substituted ``products,
fabrics, or related materials'' for ``articles of wearing apparel or
fabrics'' wherever appearing and struck out ``for wearing apparel
purposes'' before ``until properly and adequately treated or processed''
in two places.
Transfer of Functions
Functions of Secretary of Health, Education, and Welfare, Secretary
of Commerce, and Federal Trade Commission under this chapter transferred
to Consumer Product Safety Commission, along with functions of Federal
Trade Commission under Federal Trade Commission Act, to extent such
functions relate to administration and enforcement of this chapter, see
section 2079 of this title.
Section Referred to in Other Sections
This section is referred to in section 1194 of this title.
