§ 69g. — 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: 15USC69g]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER IV--LABELING OF FUR PRODUCTS
Sec. 69g. Condemnation and injunction proceedings
(a) Grounds for condemnation; disposition of merchandise
(1) Any fur product or fur 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 fur
product or fur is 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 such fur
product or fur 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.
(2) If such fur products or furs 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 fur or fur products will not be disposed of until
properly marked, advertised, and invoiced as required under the
provisions of this subchapter; or by such charitable disposition as the
court may deem proper. If such furs or fur products are disposed of by
sale, the proceeds, less legal costs and charges, shall be paid into the
Treasury of the United States as miscellaneous receipts.
(b) Grounds for temporary injunction or restraining order; issuance
without bond
Whenever the Commission has reason to believe that--
(1) any person is volating,\1\ or is about to violate, section
69a, 69d, or 69h(b) of this title; and
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\1\ So in original. Probably should be ``violating,''.
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(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 [15 U.S.C. 41 et seq.] 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 said 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.
(Aug. 8, 1951, ch. 298, Sec. 9, 65 Stat. 180.)
References in Text
The Federal Trade Commission Act, referred to in subsec. (b)(2), is
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of this chapter.
For complete classification of this Act to the Code, see section 58 of
this title and Tables.
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.
