15 U.S.C. § 1194
Except as otherwise specifically provided herein, sections 1192, 1194, 1195, and 1197(b) of this title shall be enforced by the Commission under rules, regulations and procedures provided for in the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. In the case of an attorney general of a State alleging a violation of a standard or regulation under section 1193 of this title that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of section 2073 of this title shall apply to any such action.
The Commission is authorized and directed to prevent any person from violating the provisions of section 1192 of this title in the same manner, by the same means and with the same jurisdiction, powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act [15 U.S.C. 41 et seq.] were incorporated into and made a part of this chapter; and any such person violating any provision of section 1192 of this title shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this chapter.
The Commission is authorized and directed to prescribe such rules and regulations, including provisions for maintenance of records relating to fabrics, related materials, and products, as may be necessary and proper for administration and enforcement of this chapter. The violation of such rules and regulations shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].
The Commission is authorized to-
1So in original. The word "and" probably should not appear.
15 U.S.C. § 1194
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Trade Commission Act, referred to in subsecs. (a), (b), and (c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.
AMENDMENTS2008-Subsec. (e)(1). Pub. L. 110-314, §217(a)(3)(A), (B), substituted "$100,000" for "$5,000" and "$15,000,000" for "$1,250,000".Subsec. (e)(2). Pub. L. 110-314, §217(b)(1)(C)(i), substituted "nature, circumstances, extent, and gravity" for "nature and number" and "absence of injury," for "absence of injury, and" and inserted ",and such other factors as appropriate" before period at end. Subsec. (e)(3). Pub. L. 110-314, §217(b)(1)(C)(ii)(III), which directed insertion of ",and such other factors as appropriate" before the period, was executed by making the insertion before period at end of second sentence, to reflect the probable intent of Congress. Pub. L. 110-314, §217(b)(1)(C)(ii)(II), which directed the substitution of "absence of injury," for "absence of injury, and", could not be executed because "absence of injury, and" did not appear in par. (3). Pub. L. 110-314, §217(b)(1)(C)(ii)(I), substituted "nature, circumstances, extent, and gravity" for "nature and number".Subsec. (e)(5)(B). Pub. L. 110-314, §217(a)(3)(C), which directed the substitution of "December 1, 2011," for "December 1, 1994," in par. (6)(B) of subsec. (e)(1), was executed by making the substitution in par. (5)(B) of subsec. (e) to reflect the probable intent of Congress because subsec. (e) does not contain a par. (6). 1990-Subsec. (a). Pub. L. 101-608, §118(b), inserted at end "In the case of an attorney general of a State alleging a violation of a standard or regulation under section 1193 of this title that affects or may affect such State or its residents, such attorney general may bring a civil action for an injunction to enforce the requirement of such standard or regulation. The procedural requirements of section 2073 of this title shall apply to any such action."Subsec. (e). Pub. L. 101-608, §115(c), added subsec. (e). 1967-Subsec. (c). Pub. L. 90-189, §4(a), inserted ",including provisions for maintenance of records relating to fabrics, related materials, and products," after "rules and regulations" and inserted sentence making violations of such rules and regulations unlawful and an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act.Subsec. (d)(1). Pub. L. 90-189, §4(b), substituted "product, fabric or related material" for "article of wearing apparel or fabric".Subsec. (d)(2). Pub. L. 90-189, §4(b), substituted "or territory or with the District of Columbia or the Commonwealth of Puerto Rico" for ",Territory, or possession or with the District of Columbia".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-314, title II, §217(a)(4), Aug. 14, 2008, 122 Stat. 3058, provided that: "The amendments made by this subsection [amending this section and sections 1264 and 2069 of this title] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b)(2) [set out as a note under section 2069 of this title] or 1 year after the date of enactment of this Act [Aug. 14, 2008]."
TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see section 2079 of this title.
CIVIL PENALTY CRITERIAThe Consumer Product Safety Commission to issue a final regulation providing its interpretation of penalty factors described in subsec. (e)(2) of this section no later than 1 year after Aug. 14, 2008, see section 217(b)(2) of Pub. L. 110-314 set out as a note under section 2069 of this title.
- Commission
- The term "Commission" means the Consumer Product Safety Commission.
- Federal Trade Commission Act
- The term "Federal Trade Commission Act" means the Act of Congress entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", approved September 26, 1914, as amended [15 U.S.C. 41 et seq.].
- article of wearing apparel
- The term "article of wearing apparel" means any costume or article of clothing worn or intended to be worn by individuals.
- commerce
- The term "commerce" means commerce among the several States or with foreign nations or in any territory of the United States or in the District of Columbia or between any such territory and another, or between any such territory and any State or foreign nation, or between the District of Columbia or the Commonwealth of Puerto Rico and any State or territory or foreign nation, or between the Commonwealth of Puerto Rico and any State or territory or foreign nation or the District of Columbia.
- person
- The term "person" means an individual, partnership, corporation, association, or any other form of business enterprise.
- product
- The term "product" means any article of wearing apparel or interior furnishing.
- related material
- The term "related material" means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subsection (h).
- territory
- The term "territory" includes the insular possessions of the United States and also any territory of the United States.
- Administration
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and