---
kind: "range"
citation: "15 U.S.C. §§ 52–57"
title: "15"
from: "52"
to: "57"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/15/52..57"
---

# §52. Dissemination of false advertisements

- (a) **Unlawfulness—** It shall be unlawful for any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation to disseminate, or cause to be disseminated, any [false advertisement](/usc/15/55.md?p=a-1)—
  - (1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the [purchase](/usc/15/78c–5.md?p=g) of [food](/usc/15/55.md?p=b), [drugs](/usc/15/55.md?p=c), devices, services, or [cosmetics](/usc/15/55.md?p=e); or
  - (2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the [purchase](/usc/15/78c–5.md?p=g) in or having an effect upon commerce, of [food](/usc/15/55.md?p=b), [drugs](/usc/15/55.md?p=c), devices, services, or [cosmetics](/usc/15/55.md?p=e).
- (b) **Unfair or deceptive act or practice—** The dissemination or the causing to be disseminated of any [false advertisement](/usc/15/55.md?p=a-1) within the provisions of [subsection (a)](#a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of [section 45 of this title](/usc/15/45.md).

# §53. False advertisements; injunctions and restraining orders

- (a) **Power of Commission; jurisdiction of courts—** Whenever the [Commission](/usc/15/78c.md?p=a-15) has reason to believe—
  - (1) that any [person](/usc/15/78m.md?p=h-8-E), 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](/usc/15/57b–1.md?p=a-7) of [section 52 of this title](/usc/15/52.md), and
  - (2) that the enjoining thereof pending the issuance of a complaint by the [Commission](/usc/15/78c.md?p=a-15) under [section 45 of this title](/usc/15/45.md), and until such complaint is dismissed by the [Commission](/usc/15/78c.md?p=a-15) or set aside by the court on review, or the [order](/usc/15/8702.md?p=14) of the [Commission](/usc/15/78c.md?p=a-15) to cease and desist made thereon has become final within the meaning of [section 45 of this title](/usc/15/45.md), would be to the interest of the public,

  the [Commission](/usc/15/78c.md?p=a-15) by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States or in the United States court of any Territory, to enjoin the dissemination or the causing of the dissemination of such advertisement. Upon proper showing a temporary injunction or restraining [order](/usc/15/8702.md?p=14) shall be granted without bond. Any suit may be brought where such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation resides or transacts business, or wherever venue is proper under [section 1391 of title 28](/usc/28/1391.md). In addition, the court may, if the court determines that the interests of justice require that any other [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation should be a party in such suit, cause such other [person](/usc/15/78m.md?p=h-8-E), 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](/usc/15/78m.md?p=h-8-E), partnership, or corporation wherever it may be found.

- (b) **Temporary restraining orders; preliminary injunctions—** Whenever the [Commission](/usc/15/78c.md?p=a-15) has reason to believe—
  - (1) that any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation is violating, or is about to violate, any provision of law enforced by the Federal Trade [Commission](/usc/15/78c.md?p=a-15), and
  - (2) that the enjoining thereof pending the issuance of a complaint by the [Commission](/usc/15/78c.md?p=a-15) and until such complaint is dismissed by the [Commission](/usc/15/78c.md?p=a-15) or set aside by the court on review, or until the [order](/usc/15/8702.md?p=14) of the [Commission](/usc/15/78c.md?p=a-15) made thereon has become final, would be in the interest of the public—

  the [Commission](/usc/15/78c.md?p=a-15) by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States to enjoin any such act or practice. Upon a proper showing that, weighing the equities and considering the [Commission](/usc/15/78c.md?p=a-15)’s likelihood of ultimate success, such action would be in the public interest, and after notice to the defendant, a temporary restraining [order](/usc/15/8702.md?p=14) or a preliminary injunction may be granted without bond: Provided, however, That if a complaint is not filed within such period (not exceeding 20 days) as may be specified by the court after issuance of the temporary restraining [order](/usc/15/8702.md?p=14) or preliminary injunction, the [order](/usc/15/8702.md?p=14) or injunction shall be dissolved by the court and be of no further force and effect: Provided further, That in proper cases the [Commission](/usc/15/78c.md?p=a-15) may seek, and after proper proof, the court may issue, a permanent injunction. Any suit may be brought where such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation resides or transacts business, or wherever venue is proper under [section 1391 of title 28](/usc/28/1391.md). In addition, the court may, if the court determines that the interests of justice require that any other [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation should be a party in such suit, cause such other [person](/usc/15/78m.md?p=h-8-E), 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](/usc/15/78m.md?p=h-8-E), partnership, or corporation wherever it may be found.

- (c) **Service of process; proof of service—** Any process of the [Commission](/usc/15/78c.md?p=a-15) under this section may be served by any [person](/usc/15/78m.md?p=h-8-E) duly authorized by the [Commission](/usc/15/78c.md?p=a-15)—
  - (1) by delivering a copy of such process to the [person](/usc/15/78m.md?p=h-8-E) 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](/usc/15/78m.md?p=h-8-E), partnership, or corporation; or
  - (3) by mailing a copy of such process by registered mail or certified mail addressed to such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation at his, or her, or its residence, principal office, or principal place or business.

  The verified return by the [person](/usc/15/78m.md?p=h-8-E) serving such process setting forth the manner of such service shall be proof of the same.

- (d) **Exception of periodical publications—** 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](/usc/15/55.md?p=a-1) 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](/usc/15/8702.md?p=14) with respect to such [false advertisement](/usc/15/55.md?p=a-1) or any other advertisement,

  the court shall exclude such issue from the operation of the restraining [order](/usc/15/8702.md?p=14) or injunction.


# §54. False advertisements; penalties

- (a) **Imposition of penalties—** Any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation who violates any provision of [section 52(a) of this title](/usc/15/52.md?p=a) shall, if the use of the commodity advertised may be injurious to health because of results from such use under the conditions prescribed in the advertisement thereof, or under such conditions as are customary or usual, or if such [violation](/usc/15/57b–1.md?p=a-7) is with intent to defraud or mislead, be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $5,000 or by imprisonment for not more than six months, or by both such fine and imprisonment; except that if the conviction is for a [violation](/usc/15/57b–1.md?p=a-7) committed after a first conviction of such [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation, for any [violation](/usc/15/57b–1.md?p=a-7) of such section, punishment shall be by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both such fine and imprisonment: Provided, That for the purposes of this section meats and meat [food](/usc/15/55.md?p=b) products duly inspected, marked, and labeled in accordance with rules and regulations issued under the Meat Inspection Act [[21 U.S.C. 601](/usc/21/601.md) et seq.] shall be conclusively presumed not injurious to health at the time the same leave official “establishments.”
- (b) **Exception of advertising medium or agency—** No publisher, radio-broadcast licensee, or agency or medium for the dissemination of advertising, except the [manufacturer](/usc/15/1278.md?p=c-1-D-i), packer, [distributor](/usc/15/1278.md?p=c-1-D-i), or seller of the commodity to which the [false advertisement](/usc/15/55.md?p=a-1) relates, shall be liable under this section by reason of the dissemination by him of any [false advertisement](/usc/15/55.md?p=a-1), unless he has refused, on the request of the [Commission](/usc/15/78c.md?p=a-15), to furnish the [Commission](/usc/15/78c.md?p=a-15) the name and post-office address of the [manufacturer](/usc/15/1278.md?p=c-1-D-i), packer, [distributor](/usc/15/1278.md?p=c-1-D-i), seller, or advertising agency, residing in the United States, who caused him to disseminate such advertisement. No advertising agency shall be liable under this section by reason of the causing by it of the dissemination of any [false advertisement](/usc/15/55.md?p=a-1), unless it has refused, on the request of the [Commission](/usc/15/78c.md?p=a-15), to furnish the [Commission](/usc/15/78c.md?p=a-15) the name and post-office address of the [manufacturer](/usc/15/1278.md?p=c-1-D-i), packer, [distributor](/usc/15/1278.md?p=c-1-D-i), or seller, residing in the United States, who caused it to cause the dissemination of such advertisement.

# §55. Additional definitions


For the purposes of [sections 52 to 54](/usc/15/52..54.md) of this title—

- (a) **False advertisement—**
  - (1) The term “false advertisement” means an advertisement, other than labeling, which is misleading in a material respect; and in determining whether any advertisement is misleading, there shall be taken into [account](/usc/15/1681a.md?p=r-4) (among other things) not only representations made or suggested by statement, word, design, [device](#d), sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual. No advertisement of a [drug](#c) shall be deemed to be false if it is disseminated only to members of the medical profession, contains no false representation of a material fact, and includes, or is accompanied in each instance by truthful disclosure of, the formula showing quantitatively each ingredient of such [drug](#c).
  - (2) In the case of [oleomargarine](#f) or [margarine](#f) an advertisement shall be deemed misleading in a material respect if in such advertisement representations are made or suggested by statement, word, grade designation, design, [device](#d), symbol, sound, or any combination thereof, that such [oleomargarine](#f) or [margarine](#f) is a dairy product, except that nothing contained herein shall prevent a truthful, accurate, and full statement in any such advertisement of all the ingredients contained in such [oleomargarine](#f) or [margarine](#f).
- (b) **Food—** The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.
- (c) **Drug—** The term “drug” means (1) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) articles (other than [food](#b)) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any article specified in clause (1), (2), or (3); but does not include devices or their components, parts, or accessories.
- (d) **Device—** The term “device” (except when used in [subsection (a)](#a) of this section) means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is—
  - (1) recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them,
  - (2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or
  - (3) intended to affect the structure or any function of the body of man or other animals, and

  which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

- (e) **Cosmetic—** The term “cosmetic” means (1) articles to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof intended for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such article; except that such term shall not include soap.
- (f) **Oleomargarine or margarine—** For the purposes of this section and [section 347 of title 21](/usc/21/347.md), the term “oleomargarine” or “margarine” includes—
  - (1) all substances, mixtures, and compounds known as [oleomargarine](#f) or [margarine](#f);
  - (2) all substances, mixtures, and compounds which have a consistence similar to that of butter and which contain any edible oils or fats other than milk fat if made in imitation or semblance of butter.

# §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—**
  - (1) Except as otherwise provided in paragraph [(2)](#a-2) or [(3)](#a-3), if—
    - (A) before commencing, defending, or intervening in, any civil action involving this subchapter (including an action to collect a civil penalty) which the [Commission](/usc/15/78c.md?p=a-15), or the Attorney General on behalf of the [Commission](/usc/15/78c.md?p=a-15), is authorized to commence, defend, or intervene in, the [Commission](/usc/15/78c.md?p=a-15) gives written notification and undertakes to consult with the Attorney General with respect to such action; and
    - (B) the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action;

    the [Commission](/usc/15/78c.md?p=a-15) may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose.

  - (2) Except as otherwise provided in [paragraph (3)](#a-3), in any civil action—
    - (A) under [section 53 of this title](/usc/15/53.md) (relating to injunctive relief);
    - (B) under [section 57b of this title](/usc/15/57b.md) (relating to [consumer](/usc/15/1615.md?p=d-2) redress);
    - (C) to obtain judicial review of a rule prescribed by the [Commission](/usc/15/78c.md?p=a-15), or a cease and desist [order](/usc/15/8702.md?p=14) issued under [section 45 of this title](/usc/15/45.md);
    - (D) under the second paragraph of [section 49 of this title](/usc/15/49.md) (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with [section 46 of this title](/usc/15/46.md)); or
    - (E) under [section 57b–2a of this title](/usc/15/57b–2a.md);

    the [Commission](/usc/15/78c.md?p=a-15) shall have exclusive [authority](/usc/15/3051.md?p=1) to commence or defend, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the [Commission](/usc/15/78c.md?p=a-15) authorizes the Attorney General to do so. The [Commission](/usc/15/78c.md?p=a-15) shall inform the Attorney General of the exercise of such [authority](/usc/15/3051.md?p=1) and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law.

  - (3)
    - (A) If the [Commission](/usc/15/78c.md?p=a-15) makes a written request to the [Attorney General](#a-3-C), within the 10-day period which begins on the date of the entry of the judgment in any civil action in which the [Commission](/usc/15/78c.md?p=a-15) represented itself pursuant to paragraph [(1)](#a-1) or [(2)](#a-2), to represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in such action, it may do so, if—
      - (i) the [Attorney General](#a-3-C) concurs with such request; or
      - (ii) the [Attorney General](#a-3-C), within the 60-day period which begins on the date of the entry of such judgment—
    - (B) In any case where the [Attorney General](#a-3-C) represents the [Commission](/usc/15/78c.md?p=a-15) before the Supreme Court in any civil action in which the [Commission](/usc/15/78c.md?p=a-15) represented itself pursuant to paragraph [(1)](#a-1) or [(2)](#a-2), the [Attorney General](#a-3-C) may not agree to any settlement, compromise, or dismissal of such action, or confess error in the Supreme Court with respect to such action, unless the [Commission](/usc/15/78c.md?p=a-15) concurs.
    - (C) For purposes of this paragraph (with respect to representation before the Supreme Court), the term “Attorney General” includes the Solicitor General.
  - (4) If, prior to the expiration of the 45-day period specified in [paragraph (1)](#a-1) of this section or a 60-day period specified in [paragraph (3)](#a-3), any right of the [Commission](/usc/15/78c.md?p=a-15) to commence, defend, or intervene in, any such action or appeal may be extinguished due to any procedural requirement of any court with respect to the time in which any pleadings, notice of appeal, or other acts pertaining to such action or appeal may be taken, the Attorney General shall have one-half of the time required to comply with any such procedural requirement of the court (including any extension of such time granted by the court) for the purpose of commencing, defending, or intervening in the civil action pursuant to [paragraph (1)](#a-1) or for the purpose of refusing to appeal or file a petition for writ of certiorari and the written notification or failing to take any action pursuant to paragraph 3(A)(ii).
  - (5) The provisions of this subsection shall apply notwithstanding [chapter 31](/usc/28/chptII-ch31.md) of title 28, or any other provision of law.
- (b) **Certification by Commission to Attorney General for criminal proceedings—** Whenever the [Commission](/usc/15/78c.md?p=a-15) has reason to believe that any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation is liable for a criminal penalty under this subchapter, the [Commission](/usc/15/78c.md?p=a-15) shall certify the facts to the Attorney General, whose duty it shall be to cause appropriate criminal proceedings to be brought.
- (c) **Foreign litigation—**
  - (1) **Commission attorneys—** With the concurrence of the Attorney General, the [Commission](/usc/15/78c.md?p=a-15) may designate [Commission](/usc/15/78c.md?p=a-15) attorneys to assist the Attorney General in connection with litigation in foreign courts on particular matters in which the [Commission](/usc/15/78c.md?p=a-15) has an interest.
  - (2) **Reimbursement for foreign counsel—** The [Commission](/usc/15/78c.md?p=a-15) is authorized to expend appropriated funds, upon [agreement](/usc/15/7a.md?p=2) with the Attorney General, to reimburse the Attorney General for the retention of foreign counsel for litigation in foreign courts and for expenses related to litigation in foreign courts in which the [Commission](/usc/15/78c.md?p=a-15) has an interest.
  - (3) **Limitation on use of funds—** Nothing in this subsection authorizes the payment of claims or judgments from any source other than the permanent and indefinite appropriation authorized by [section 1304 of title 31](/usc/31/1304.md).
  - (4) **Other authority—** The [authority](/usc/15/3051.md?p=1) provided by this subsection is in addition to any other [authority](/usc/15/3051.md?p=1) of the [Commission](/usc/15/78c.md?p=a-15) or the Attorney General.

# §57. Separability clause


If any provision of this subchapter, or the [application](/usc/15/77ccc.md?p=8) thereof to any [person](/usc/15/78m.md?p=h-8-E), partnership, or corporation, or circumstance, is held invalid, the remainder of this subchapter, and the [application](/usc/15/77ccc.md?p=8) of such provisions to any other [person](/usc/15/78m.md?p=h-8-E), partnership, corporation, or circumstance, shall not be affected thereby.