§53 — Title 15 Commerce and Trade | U.S. Code

Summary

Allows the Federal Trade Commission (FTC) to ask a court to temporarily stop a person, partnership, or corporation from running or causing the running of an advertisement if the FTC believes the ad breaks section 52 or that someone is breaking (or about to break) any law the FTC enforces. The court can block the ad while a formal complaint is considered, and the block stays until the FTC drops the complaint, a court cancels it on review, or the FTC’s stop order becomes final under section 45. Legal papers for these actions can be served by an authorized person in three ways: hand a copy to the person, a partner, or a top officer; leave a copy at their home or main office; or send a copy by registered or certified mail to their home or main office. For regularly published newspapers, magazines, or periodicals, the court must be satisfied that stopping an ad would delay delivery because of normal production and distribution, not because the publisher is trying to avoid the order.

Title 15, §53

Commerce and Trade — Source: USLM XML via OLRC

(a)Whenever the Commission has reason to believe—

(1)that any person, partnership, or corporation is engaged in, or is about to engage in, the dissemination or the causing of the dissemination of any advertisement in violation of section 52 of this title, and

(2)that the enjoining thereof pending the issuance of a complaint by the Commission under section 45 of this title, and until such complaint is dismissed by the Commission or set aside by the court on review, or the order of the Commission to cease and desist made thereon has become final within the meaning of section 45 of this title, would be to the interest of the public,

(b)Whenever the Commission has reason to believe—

(1)that any person, partnership, or corporation is violating, or is about to violate, any provision of law enforced by the Federal Trade Commission, and

(2)that the enjoining thereof pending the issuance of a complaint by the Commission and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final, would be in the interest of the public—

(c)Any process of the Commission under this section may be served by any person duly authorized by the Commission—

(1)by delivering a copy of such process to the person to be served, to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served;

(2)by leaving a copy of such process at the residence or the principal office or place of business of such person, partnership, or corporation; or

(3)by mailing a copy of such process by registered mail or certified mail addressed to such person, partnership, or corporation at his, or her, or its residence, principal office, or principal place or business.

(d)Whenever it appears to the satisfaction of the court in the case of a newspaper, magazine, periodical, or other publication, published at regular intervals—

(1)that restraining the dissemination of a false advertisement in any particular issue of such publication would delay the delivery of such issue after the regular time therefor, and

(2)that such delay would be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such false advertisement or any other advertisement,

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsecs. (a), (b). Pub. L. 103–312, § 10(a), in concluding provisions, substituted “Any suit may be brought where such person, partnership, or corporation resides or transacts business, or wherever venue is proper under section 1391 of title 28. In addition, the court may, if the court determines that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, cause such other person, partnership, or corporation to be added as a party without regard to whether venue is otherwise proper in the district in which the suit is brought. In any suit under this section, process may be served on any person, partnership, or corporation wherever it may be found.” for “Any such suit shall be brought in the district in which such person, partnership, or corporation resides or transacts business.” Subsecs. (c), (d). Pub. L. 103–312, § 10(b), added subsec. (c) and redesignated former subsec. (c) as (d). 1973—Subsecs. (b), (c). Pub. L. 93–153 added subsec. (b) and redesignated former subsec. (b) as (c).

Executive Documents

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, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.

§53 False Advertisements; Injunctions and Restraining Orders

Summary

Title 15, §53

Notes & Related Subsidiaries

Editorial Notes

Amendments

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata