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Title 15 — Commerce and TradeRelease 119-73not60

§1456 Enforcement

Title 15 › Chapter 39— FAIR PACKAGING AND LABELING PROGRAM › § 1456

Last updated Apr 3, 2026|Official source

Summary

Treats food, drug, device, and cosmetic products (meanings in 21 U.S.C. 321) that are put into commerce in violation of these rules as misbranded under the Federal Food, Drug, and Cosmetic Act (chapter III). The penalty rule in section 303 (21 U.S.C. 333) does not apply to violations of section 1452. Says other consumer products (not foods, drugs, devices, or cosmetics) sold or advertised in violation of these rules are unfair or deceptive acts under section 45(a) and can be enforced under section 45(b). Imports covered by this chapter are enforced by the Secretary of the Treasury under 21 U.S.C. 381 (sections 801(a) and (b)), applying sections 1453 and 1454.

Full Legal Text

Title 15, §1456

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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)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).

Legislative History

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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1456

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60