Injury and Accident Law

Injunctive Actions

Injunctive Actions

Following are the applicable provisions which authorize the Commission to seek to enjoin firms from violations of the CPSC statutes and regulations.

Injunctions Under the CPSA

Section 22(a) of the CPSA, 15 U.S.C. § 2071, states: “The United States district courts shall have jurisdiction to take the following action:

  1. Restrain any violation of section 19;
  2. Restrain any person from manufacturing for sale, offering for sale, distributing in commerce, or importing into the United States a product in violation of an order in effect under section 15(d).;
  3. Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule.”

Injunctions Under the FHSA

Section 8(a) of the FHSA, 15 U.S.C §1267, states: "The United States district courts and the United States courts of the territories shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this Act."

Injunctions Under the FFA

Section 6(a) of the FFA, 15 U.S.C. §1195, states: "Whenever the Commission has reason to believe that any person is violating or is about to violate section 3, or a rule or regulation prescribed under section 5(c), of this Act, and that it would be in the public interest to enjoin such violation until complaint under the Federal Trade Commission Act is issued and dismissed by the Commission or until an order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act or is set aside by the court on review, the Commission may bring suit in the district court of the United States, for the district in which such person resides or transacts business ... to enjoin such violation and upon proper showing a temporary injunction or restraining order shall be granted without bond."

Injunctions Under the PPPA

For violations of the PPPA which result in a product being classified as a misbranded hazardous substance, see Injunctions Under The FHSA, above. For PPPA violations which result in the product being classified a misbranded food, drug, or cosmetic, the injunctive provisions of the FD&CA apply.

Section 302(a) of the FD&CA, 21 U.S.C. § 332, states: "The district courts of the United States and the United States courts of the Territories shall have jurisdiction, for cause shown, to restrain violations of section 331 of this title, except paragraphs (h), (i), and (j).”