§ 68e. — Condemnation and injunction 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: 15USC68e]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER III--LABELING OF WOOL PRODUCTS
Sec. 68e. Condemnation and injunction proceedings
(a) Grounds for condemnation; disposition of merchandise
Any wool products shall be liable to be proceeded against in the
district court of the United States for the district in which found, and
to be seized for confiscation by process of libel for condemnation, if
the Commission has reasonable cause to believe such wool products are
being manufactured or held for shipment, or shipped, or held for sale or
exchange after shipment, in commerce in violation of the provisions of
this subchapter, and if after notice from the Commission the provisions
of this subchapter with respect to said products are not shown to be
complied with. Proceedings in such libel cases shall conform as nearly
as may be to suits in rem in admiralty, and may be brought by the
Commission.
If such wool products are condemned by the court, they shall be
disposed of, in the discretion of the court, by destruction; by sale; by
delivery to the owner or claimant thereof upon payment of legal costs
and charges and upon execution of good and sufficient bond to the effect
that such wool products will not be disposed of until properly stamped,
tagged, labeled, or otherwise identified under the provisions of this
subchapter; or by such charitable disposition as the court may deem
proper. If such wool products are disposed of by sale, the proceeds,
less legal costs and charges, shall be paid into the Treasury of the
United States.
(b) Grounds for temporary injunction or restraining order; issuance
without bond
Whenever the Commission has reason to believe that--
(1) Any person is violating, or is about to violate, sections
68a, 68c, 68f, or 68g of this title, and that
(2) It would be to the public interest to enjoin such violation
until complaint is issued by the Commission under the Federal Trade
Commission Act and such complaint dismissed by the Commission or set
aside by the court on review, or until order to cease and desist
made thereon by the Commission has become final within the meaning
of the Federal Trade Commission Act,
the Commission may bring suit in the district court of the United States
or in the United States court of any Territory, for the district or
Territory in which such person resides or transacts business, to enjoin
such violation, and upon proper showing a temporary injunction or
restraining order shall be granted without bond.
(Oct. 14, 1940, ch. 871, Sec. 7, 54 Stat. 1131.)
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.
