Page:United States Statutes at Large Volume 52.djvu/156

 75TH CONG., 3D SESS.-CH. 49-MAR. 21, 1938 "(2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in com- merce of food, drugs, devices, or cosmetics. "(b) The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in commerce within the meaning of section 5. "SEC. 13. (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 12, and "(2) that the enjoining thereof pending the issuance of a com- plaint by the Commission under section 5, and until such com- plaint 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 5, would be to the interest of the public, the Commission by any of its attorneys designated by it for such pur- pose 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 shall be granted without bond. Any such suit shall be brought in the district in which such person, partnership, or corporation resides or trans- acts business. "(b) Whenever it appears to the satisfaction of the court in the case of a newspaper, magazine, periodical, or other publication, pub- lished at regular intervals- "(1) that restraining the dissemination of a false advertise- ment 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 eva- sion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such false adver- tisement or any other advertisement, the court shall exclude such issue from the operation of the restrain- ing order or injunction. "SEC. 14. (a) Any person, partnership, or corporation who violates any provision of section 12 (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 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 viola- tion committed after a first conviction of such person, partnership, or corporation, for any violation 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: Pro- vided, That for the purposes of this section meats and meat food products duly inspected, marked, and labeled in accordance with rules and regulations issued under the Meat Inspection Act approved March 4, 1907, as amended, shall be conclusively presumed not injuri- ous to health at the time the same leave official establishments. Inducing, by any means, the purchase in commerce of food, drugs, etc. Dissemination of false advertisement an unfair act, etc. Ante, p. 111. Suit or injunction. Venue. Newspapers, or other publications. If restraining of dis- semination delays de- livery of issue. Delay due to meth- od by which publica- tion usually con- ducted. Commodities inju- rious to health. Ante, p. 114. Penalty. Convictions for sub- sequent violations. Pro"so. Inspection, etc., under Meat Inspec- tion Act of 1907. 34 Stat. 1260 . 21 U.S . . . §C71-91. 115 52 STAT. ]

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