§ 53. — False advertisements; injunctions and restraining orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC53]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER I--FEDERAL TRADE COMMISSION
Sec. 53. False advertisements; injunctions and restraining
orders
(a) Power of Commission; jurisdiction of courts
Whenever the Commission has reason to believe--
(1) that any person, partnership, or corporation is engaged in,
or is about to engage in, the dissemination or the causing of the
dissemination of any advertisement in violation of section 52 of
this title, and
(2) that the enjoining thereof pending the issuance of a
complaint by the Commission under section 45 of this title, and
until such complaint is dismissed by the Commission or set aside by
the court on review, or the order of the Commission to cease and
desist made thereon has become final within the meaning of section
45 of this title, would be to the interest of the public,
the Commission by any of its attorneys designated by it for such purpose
may bring suit in a district court of the United States or in the United
States court of any Territory, to enjoin the dissemination or the
causing of the dissemination of such advertisement. Upon proper showing
a temporary injunction or restraining order shall be granted without
bond. Any suit may be brought where such person, partnership, or
corporation resides or transacts business, or wherever venue is proper
under section 1391 of title 28. In addition, the court may, if the court
determines that the interests of justice require that any other person,
partnership, or corporation should be a party in such suit, cause such
other person, partnership, or corporation to be added as a party without
regard to whether venue is otherwise proper in the district in which the
suit is brought. In any suit under this section, process may be served
on any person, partnership, or corporation wherever it may be found.
(b) Temporary restraining orders; preliminary injunctions
Whenever the Commission has reason to believe--
(1) that any person, partnership, or corporation is violating,
or is about to violate, any provision of law enforced by the Federal
Trade Commission, and
(2) that the enjoining thereof pending the issuance of a
complaint by the Commission and until such complaint is dismissed by
the Commission or set aside by the court on review, or until the
order of the Commission made thereon has become final, would be in
the interest of the public--
the Commission by any of its attorneys designated by it for such purpose
may bring suit in a district court of the United States to enjoin any
such act or practice. Upon a proper showing that, weighing the equities
and considering the Commission's likelihood of ultimate success, such
action would be in the public interest, and after notice to the
defendant, a temporary restraining order or a preliminary injunction may
be granted without bond: Provided, however, That if a complaint is not
filed within such period (not exceeding 20 days) as may be specified by
the court after issuance of the temporary restraining order or
preliminary injunction, the order or injunction shall be dissolved by
the court and be of no further force and effect: Provided further, That
in proper cases the Commission may seek, and after proper proof, the
court may issue, a permanent injunction. Any suit may be brought where
such person, partnership, or corporation resides or transacts business,
or wherever venue is proper under section 1391 of title 28. In addition,
the court may, if the court determines that the interests of justice
require that any other person, partnership, or corporation should be a
party in such suit, cause such other person, partnership, or corporation
to be added as a party without regard to whether venue is otherwise
proper in the district in which the suit is brought. In any suit under
this section, process may be served on any person, partnership, or
corporation wherever it may be found.
(c) Service of process; proof of service
Any process of the Commission under this section may be served by
any person duly authorized by the Commission--
(1) by delivering a copy of such process to the person to be
served, to a member of the partnership to be served, or to the
president, secretary, or other executive officer or a director of
the corporation to be served;
(2) by leaving a copy of such process at the residence or the
principal office or place of business of such person, partnership,
or corporation; or
(3) by mailing a copy of such process by registered mail or
certified mail addressed to such person, partnership, or corporation
at his, or her, or its residence, principal office, or principal
place or business.
The verified return by the person serving such process setting forth the
manner of such service shall be proof of the same.
(d) Exception of periodical publications
Whenever it appears to the satisfaction of the court in the case of
a newspaper, magazine, periodical, or other publication, published at
regular intervals--
(1) that restraining the dissemination of a false advertisement
in any particular issue of such publication would delay the delivery
of such issue after the regular time therefor, and
(2) that such delay would be due to the method by which the
manufacture and distribution of such publication is customarily
conducted by the publisher in accordance with sound business
practice, and not to any method or device adopted for the evasion of
this section or to prevent or delay the issuance of an injunction or
restraining order with respect to such false advertisement or any
other advertisement,
the court shall exclude such issue from the operation of the restraining
order or injunction.
(Sept. 26, 1914, ch. 311, Sec. 13, as added Mar. 21, 1938, ch. 49,
Sec. 4, 52 Stat. 114; amended Pub. L. 93-153, title IV, Sec. 408(f),
Nov. 16, 1973, 87 Stat. 592; Pub. L. 103-312, Sec. 10, Aug. 26, 1994,
108 Stat. 1695.)
Amendments
1994--Subsecs. (a), (b). Pub. L. 103-312, Sec. 10(a), in concluding
provisions, substituted ``Any suit may be brought where such person,
partnership, or corporation resides or transacts business, or wherever
venue is proper under section 1391 of title 28. In addition, the court
may, if the court determines that the interests of justice require that
any other person, partnership, or corporation should be a party in such
suit, cause such other person, partnership, or corporation to be added
as a party without regard to whether venue is otherwise proper in the
district in which the suit is brought. In any suit under this section,
process may be served on any person, partnership, or corporation
wherever it may be found.'' for ``Any such suit shall be brought in the
district in which such person, partnership, or corporation resides or
transacts business.''
Subsecs. (c), (d). Pub. L. 103-312, Sec. 10(b), added subsec. (c)
and redesignated former subsec. (c) as (d).
1973--Subsecs. (b), (c). Pub. L. 93-153 added subsec. (b) and
redesignated former subsec. (b) as (c).
Transfer of Functions
For transfer of functions of Federal Trade Commission, with certain
exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of
1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out
under section 41 of this title.
Section Referred to in Other Sections
This section is referred to in sections 55, 56, 6107 of this title;
title 21 sections 352, 378.
