§ 2071. — Injunctive enforcement and seizure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2071]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 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 commerce, 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 Commission (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 wherein any act, omission, or
transaction constituting the violation occurred, or in such court for
the district wherein the defendant is found or transacts 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 importation 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 jurisdiction of which such consumer product is found.
Proceedings in cases instituted under the authority of this subsection
shall conform as nearly as possible to proceedings in rem in admiralty.
Whenever such proceedings involving substantially similar consumer
products are pending 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, Sec. 22, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 94-284,
Secs. 11(b), 12(c), May 11, 1976, 90 Stat. 507, 508.)
Amendments
1976--Subsec. (a). Pub. L. 94-284, Secs. 11(b), 12(c)(1), designated
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, Sec. 12(c)(2), amended subsec. (b)
generally, inserting provision designated as par. (2) which included
within consumer products liable to proceedings, a product of which the
manufacture for sale, offering for sale, distribution in commerce, or
importation into the United States has been prohibited.
Section Referred to in Other Sections
This section is referred to in sections 2055, 2066 of this title.
