15 U.S.C. § 1456: Enforcement

Summary

If a product is a food, drug, device, or cosmetic (terms defined in section 201, 21 U.S.C. 321) and it enters U.S. commerce in violation of any rule in this chapter, it must be treated as misbranded under the Federal Food, Drug, and Cosmetic Act. The penalties in section 303 (21 U.S.C. 333) do not apply to violations of section 1452. If a product is not in those categories, any violation counts as an unfair or deceptive act under section 45(a) and can be enforced under section 45(b). Imported items covered by this chapter are enforced by the Secretary of the Treasury under section 801(a) and (b) of the FD&C Act (21 U.S.C. 381) using sections 1453 and 1454.

Title 15, §1456

Commerce and Trade, Source: USLM XML via OLRC

(a)Misbranded consumer commodities

Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), and which is introduced or delivered for introduction into commerce in violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, shall be deemed to be misbranded within the meaning of chapter III of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 331 et seq.], but the provisions of section 303 of that Act (21 U.S.C. 333) shall have no application to any violation of section 1452 of this title.

(b)Unfair or deceptive acts or practices in commerce

Any violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, with respect to any consumer commodity which is not a food, drug, device, or cosmetic, shall constitute an unfair or deceptive act or practice in commerce in violation of section 45(a) of this title and shall be subject to enforcement under section 45(b) of this title.

(c)Imports

In the case of any imports into the United States of any consumer commodity covered by this chapter, the provisions of section 1453 and 1454 of this title shall be enforced by the Secretary of the Treasury pursuant to section 801(a) and (b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040. Chapter III of the Act is classified generally to subchapter III (§ 331 et seq.) of chapter 9 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

§1456 Enforcement

Summary

Title 15, §1456

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata