15 U.S.C. § 68e: Condemnation and injunction…

Summary

The Commission can ask a federal district court to seize wool products found in commerce if it has good reason to believe the products were made, shipped, or held for sale in violation of this law and the owner, after getting notice, cannot show they follow the rules. The court treats the case like an in‑rem admiralty suit. If the court condemns the goods, it may destroy them, sell them, return them to the owner if costs are paid and a bond is posted to keep them from being sold until properly marked, or give them to charity. Sale money, after costs, goes to the U.S. Treasury. If the Commission believes a person is violating or about to violate sections 68a, 68c, 68f, or 68g and stopping that conduct serves the public interest until a Commission complaint is decided or a final order is issued, it can sue in the federal district where the person lives or does business. A temporary injunction or restraining order must be granted without a bond if properly shown.

Title 15, §68e

Commerce and Trade, Source: USLM XML via OLRC

(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, section 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.

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.

§68e Condemnation and Injunction Proceedings

Summary

Title 15, §68e

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata