§ 54. — False advertisements; penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC54]
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. 54. False advertisements; penalties
(a) Imposition of penalties
Any person, partnership, or corporation who violates any provision
of section 52(a) of this title shall, if the use of the commodity
advertised may be injurious to health because of results from such use
under the conditions prescribed in the advertisement thereof, or under
such conditions as are customary or usual, or if such violation is with
intent to defraud or mislead, be guilty of a misdemeanor, and upon
conviction shall be punished by a fine of not more than $5,000 or by
imprisonment for not more than six months, or by both such fine and
imprisonment; except that if the conviction is for a violation committed
after a first conviction of such person, partnership, or corporation,
for any violation of such section, punishment shall be by a fine of not
more than $10,000 or by imprisonment for not more than one year, or by
both such fine and imprisonment: Provided, That for the purposes of this
section meats and meat food products duly inspected, marked, and labeled
in accordance with rules and regulations issued under the Meat
Inspection Act [21 U.S.C. 601 et seq.] shall be conclusively presumed
not injurious to health at the time the same leave official
``establishments.''
(b) Exception of advertising medium or agency
No publisher, radio-broadcast licensee, or agency or medium for the
dissemination of advertising, except the manufacturer, packer,
distributor, or seller of the commodity to which the false advertisement
relates, shall be liable under this section by reason of the
dissemination by him of any false advertisement, unless he has refused,
on the request of the Commission, to furnish the Commission the name and
post-office address of the manufacturer, packer, distributor, seller, or
advertising agency, residing in the United States, who caused him to
disseminate such advertisement. No advertising agency shall be liable
under this section by reason of the causing by it of the dissemination
of any false advertisement, unless it has refused, on the request of the
Commission, to furnish the Commission the name and post-office address
of the manufacturer, packer, distributor, or seller, residing in the
United States, who caused it to cause the dissemination of such
advertisement.
(Sept. 26, 1914, ch. 311, Sec. 14, as added Mar. 21, 1938, ch. 49,
Sec. 4, 52 Stat. 114.)
References in Text
The Meat Inspection Act, referred to in subsec. (a), is act Mar. 4,
1907, ch. 2907, titles I to IV, as added Dec. 15, 1967, Pub. L. 90-201,
81 Stat. 584, as amended, which is classified to subchapters I to IV
(Sec. 601 et seq.) of chapter 12 of Title 21, Food and Drugs. For
complete classification of this Act to the Code, see Short Title note
set out under section 601 of Title 21 and Tables.
Effective Date
Section 5(b) of act Mar. 21, 1938, provided: ``Section 14 of the
Federal Trade Commission Act [this section] added to such Act by section
4 of this Act, shall take effect on the expiration of sixty days after
the date of the enactment of this Act [Mar. 21, 1938].''
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 section 55 of this title; title 21
section 352.
