Notes on federal trade commission; promotion of export trade and prevention of unfair methods of competition : US Code - Notes

Search Notes on federal trade commission; promotion of export trade and prevention of unfair methods of competition : US Code - Notes

SUBCHAPTER I - FEDERAL TRADE COMMISSION
Sec.
41. Federal Trade Commission established; membership;
vacancies; seal.
42. Employees; expenses.
43. Office and place of meeting.
44. Definitions.
45. Unfair methods of competition unlawful; prevention by
Commission.
(a) Declaration of unlawfulness; power to prohibit
unfair practices; inapplicability to foreign
trade.
(b) Proceeding by Commission; modifying and setting
aside orders.
(c) Review of order; rehearing.
(d) Jurisdiction of court.
(e) Exemption from liability.
(f) Service of complaints, orders and other
processes; return.
(g) Finality of order.
(h) Modification or setting aside of order by
Supreme Court.
(i) Modification or setting aside of order by Court
of Appeals.
(j) Rehearing upon order or remand.
(k) "Mandate" defined.
(l) Penalty for violation of order; injunctions and
other appropriate equitable relief.
(m) Civil actions for recovery of penalties for
knowing violations of rules and cease and
desist orders respecting unfair or deceptive
acts or practices; jurisdiction; maximum
amount of penalties; continuing violations; de
novo determinations; compromise or settlement
procedure.
(n) Standard of proof; public policy
considerations.
45a. Labels on products.
46. Additional powers of Commission.
(a) Investigation of persons, partnerships, or
corporations.
(b) Reports of persons, partnerships, and
corporations.
(c) Investigation of compliance with antitrust
decrees.
(d) Investigations of violations of antitrust
statutes.
(e) Readjustment of business of corporations
violating antitrust statutes.
(f) Publication of information; reports.
(g) Classification of corporations; regulations.
(h) Investigations of foreign trade conditions;
reports.
(i) Investigations of foreign antitrust law
violations.
46a. Concurrent resolution essential to authorize
investigations
47. Reference of suits under antitrust statutes to
Commission.
48. Information and assistance from departments.
49. Documentary evidence; depositions; witnesses.
50. Offenses and penalties.
51. Effect on other statutory provisions.
52. Dissemination of false advertisements.
(a) Unlawfulness.
(b) Unfair or deceptive act or practice.
53. False advertisements; injunctions and restraining
orders.
(a) Power of Commission; jurisdiction of courts.
(b) Temporary restraining orders; preliminary
injunctions.
(c) Service of process; proof of service.
(d) Exception of periodical publications.
54. False advertisements; penalties.
(a) Imposition of penalties.
(b) Exception of advertising medium or agency.
55. Additional definitions.
(a) False advertisement.
(b) Food.
(c) Drug.
(d) Device.
(e) Cosmetic.
(f) Oleomargarine or margarine.
56. Commencement, defense, intervention and supervision of
litigation and appeal by Commission or Attorney
General.
(a) Procedure for exercise of authority to litigate
or appeal.
(b) Certification by Commission to Attorney General
for criminal proceedings.
57. Separability clause.
57a. Unfair or deceptive acts or practices rulemaking
proceedings.
(a) Authority of Commission to prescribe rules and
general statements of policy.
(b) Procedures applicable.
(c) Informal hearing procedure.
(d) Statement of basis and purpose accompanying
rule; "Commission" defined; judicial review of
amendment or repeal of rule; violation of
rule.
(e) Judicial review; petition; jurisdiction and
venue; rulemaking record; additional
submissions and presentations; scope of review
and relief; review by Supreme Court;
additional remedies.
(f) Unfair or deceptive acts or practices by banks,
savings and loan institutions, or Federal
credit unions; promulgation of regulations by
Board of Governors of Federal Reserve System,
Federal Home Loan Bank Board, and National
Credit Union Administration Board; agency
enforcement and compliance proceedings;
violations; power of other Federal agencies
unaffected; reporting requirements.
(g) Exemptions and stays from application of rules;
procedures.
(h) Restriction on rulemaking authority of
Commission respecting children's advertising
proceedings pending on May 28, 1980.
(i) Meetings with outside parties.
(j) Communications by investigative personnel with
staff of Commission concerning matters outside
rulemaking record prohibited.
57a-1. Omitted.
57b. Civil actions for violations of rules and cease and
desist orders respecting unfair or deceptive acts or
practices.
(a) Suits by Commission against persons,
partnerships, or corporations; jurisdiction;
relief for dishonest or fraudulent acts.
(b) Nature of relief available.
(c) Conclusiveness of findings of Commission in
cease and desist proceedings; notice of
judicial proceedings to injured persons, etc.
(d) Time for bringing of actions.
(e) Availability of additional Federal or State
remedies; other authority of Commission
unaffected.
57b-1. Civil investigative demands.
(a) Definitions.
(b) Actions conducted by Commission respecting
unfair or deceptive acts or practices in or
affecting commerce.
(c) Issuance of demand; contents; service; verified
return; sworn certificate; answers; taking of
oral testimony.
(d) Procedures for demand material.
(e) Petition for enforcement.
(f) Petition for order modifying or setting aside
demand.
(g) Custodial control of documentary material,
tangible things, reports, etc.
(h) Jurisdiction of court.
(i) Commission authority to issue subpoenas or make
demand for information.
(j) Applicability of this section.
57b-2. Confidentiality.
(a) Definitions.
(b) Procedures respecting documents, tangible
things, or transcripts of oral testimony
received pursuant to compulsory process or
investigation.
(c) Information considered confidential.
(d) Particular disclosures allowed.
(e) Effect on other statutory provisions limiting
disclosure.
(f) Exemption from disclosure.
57b-3. Rulemaking process.
(a) Definitions.
(b) Notice of proposed rulemaking; regulatory
analysis; contents; issuance.
(c) Judicial review.
(d) Regulatory agenda; contents; publication dates
in Federal Register.
57b-4. Good faith reliance on actions of Board of Governors.
(a) "Board of Governors" defined.
(b) Use as defense.
(c) Applicability of subsection (b).
(d) Request for issuance of statement or
interpretation concerning conduct or practice.
57b-5. Agricultural cooperatives.
57c. Authorization of appropriations.
58. Short title.

SUBCHAPTER II - PROMOTION OF EXPORT TRADE
61. Export trade; definitions.
62. Export trade and antitrust legislation.
63. Acquisition of stock of export trade corporation.
64. Unfair methods of competition in export trade.
65. Information required from export trade corporation;
powers of Federal Trade Commission.
66. Short title.

SUBCHAPTER III - LABELING OF WOOL PRODUCTS
68. Definitions.
68a. Misbranding declared unlawful.
68b. Misbranded wool products.
(a) False identification; affixation of label,
etc., contents.
(b) Additional information.
(c) Substitute identification.
(d) Designations on linings, paddings, etc.
(e) False or deceptive advertising in mail order
promotions.
(f) Location of label, etc.
68c. Stamp, tag, label, or other identification.
(a) Affixing; retention until sale.
(b) Removal or mutilation.
(c) Packages of wool products.
68d. Enforcement of subchapter.
(a) Authority of Commission.
(b) Maintenance of records by wool manufacturers.
68e. Condemnation and injunction proceedings.
(a) Grounds for condemnation; disposition of
merchandise.
(b) Grounds for temporary injunction or restraining
order; issuance without bond.
68f. Exclusion of misbranded wool products.
68g. Guaranty.
(a) Avoidance of liability; requirements.
(b) Furnishing false guaranty.
68h. Criminal penalty.
68i. Application of other laws.
68j. Exceptions from subchapter.

SUBCHAPTER IV - LABELING OF FUR PRODUCTS
69. Definitions.
69a. Violations of Federal Trade Commission Act.
(a) Introduction or manufacture for introduction
into commerce, sale, advertising or offering
for sale in commerce.
(b) Manufacture for sale, sale, advertising,
offering for sale, transportation or
distribution.
(c) Introduction into commerce, sale, advertising
or offering for sale in commerce or
transportation or distribution.
(d) Removal or mutilation of label.
(e) Substitution of labels; records.
(f) Application of section to common carrier or
freight forwarder.
69b. Misbranded fur products.
69c. False advertising and invoicing.
69d. Fur products imported into United States.
(a) Necessity of proper labelling; additional
information.
(b) Violations of Federal Trade Commission Act.
(c) Verified statement of compliance.
69e. Name guide for fur products.
(a) Fur Products Name Guide.
(b) Additions and deletions; public hearing.
(c) Prevention of confusion or deception.
69f. Enforcement of subchapter.
(a) Enforcement by Federal Trade Commission.
(b) Rules and regulations for disclosure of
information.
(c) Inspection, analysis, tests for fur products;
cooperation with other governmental agencies.
(d) Maintenance of records by manufacturer or
dealer.
69g. Condemnation and injunction proceedings.
(a) Grounds for condemnation; disposition of
merchandise.
(b) Grounds for temporary injunction or restraining
order; issuance without bond.
69h. Guaranty.
(a) Avoidance of liability; requirements.
(b) Furnishing false guaranty.
69i. Criminal penalty.
69j. Application of other laws.

SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION
70. Definitions.
70a. Violations of Federal Trade Commission Act.
(a) Introduction or manufacture for introduction
into commerce, sale, advertising or offering
for sale in commerce.
(b) Sale, offering for sale, advertising, delivery,
transportation of products advertised for sale
in commerce.
(c) Sale, offering for sale, advertising, delivery,
transportation of products after shipment in
commerce.
(d) Application of section to common carrier,
freight forwarder, etc.
70b. Misbranded and falsely advertised textile fiber
products.
(a) False or deceptive identification.
(b) Stamp, tag, label or other means of
identification; contents.
(c) False or deceptive advertisement.
(d) Additional information allowed.
(e) Labelling of packages.
(f) Fabric severed from bolts, pieces or rolls of
fabric.
(g) Advertisement of textile product by use of name
or symbol of fur-bearing animal.
(h) Reused stuffing.
(i) Mail order catalog or promotional material.
(j) Location of stamp, tag, label, or other
identification.
(k) Marking of certain sock products.
70c. Removal of stamp, tag, label, or other identification.
(a) Removal or mutilation after shipment in
commerce.
(b) Substitution of stamp, tag, etc.
(c) Affixing of stamp, tag, etc. to individual unit
of broken package.
70d. Records.
(a) Maintenance and preservation by manufacturer.
(b) Maintenance and preservation by person
substituting stamp, tag, etc.
(c) Neglect or refusal to maintain or preserve
records.
70e. Enforcement.
(a) Enforcement by Federal Trade Commission.
(b) Terms of Federal Trade Commission Act
incorporated into this subchapter.
(c) Rules and regulations by Federal Trade
Commission.
(d) Inspection, analyses, tests, etc.
70f. Injunction proceedings.
70g. Exclusion of misbranded textile fiber products.
70h. Guaranty.
(a) Avoidance of liability; requirements.
(b) Furnishing false guaranty.
70i. Criminal penalty.
70j. Exemptions.
70k. Application of other laws.

SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION
71. "Person" defined.
72. Repealed.
73. Agreements involving restrictions in favor of imported
goods.
74. Rules and regulations.
75. Retaliation against country prohibiting importations.
76. Retaliation against restriction of importations in
time of war.
77. Discrimination against neutral Americans in time of
war.