
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC54]

 
                      TITLE 15--COMMERCE AND TRADE
 
   CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND 
               PREVENTION OF UNFAIR METHODS OF COMPETITION
 
                 SUBCHAPTER I--FEDERAL TRADE COMMISSION
 
Sec. 54. False advertisements; penalties


(a) Imposition of penalties

    Any person, partnership, or corporation who violates any provision 
of section 52(a) of this title 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 violation 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: Provided, 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 [21 U.S.C. 601 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, packer, 
distributor, or seller of the commodity to which the false advertisement 
relates, shall be liable under this section by reason of the 
dissemination by him of any false advertisement, unless he has refused, 
on the request of the Commission, to furnish the Commission the name and 
post-office address of the manufacturer, packer, distributor, 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, unless it has refused, on the request of the 
Commission, to furnish the Commission the name and post-office address 
of the manufacturer, packer, distributor, or seller, residing in the 
United States, who caused it to cause the dissemination of such 
advertisement.

(Sept. 26, 1914, ch. 311, Sec. 14, as added Mar. 21, 1938, ch. 49, 
Sec. 4, 52 Stat. 114.)

                       References in Text

    The Meat Inspection Act, referred to in subsec. (a), is act Mar. 4, 
1907, ch. 2907, titles I to IV, as added Dec. 15, 1967, Pub. L. 90-201, 
81 Stat. 584, as amended, which is classified to subchapters I to IV 
(Sec. 601 et seq.) of chapter 12 of Title 21, Food and Drugs. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 601 of Title 21 and Tables.

                             Effective Date

    Section 5(b) of act Mar. 21, 1938, provided: ``Section 14 of the 
Federal Trade Commission Act [this section] added to such Act by section 
4 of this Act, shall take effect on the expiration of sixty days after 
the date of the enactment of this Act [Mar. 21, 1938].''

                          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, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out 
under section 41 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 55 of this title; title 21 
section 352.
