MONOGRAPH

This monograph describes the Office of Consumer Litigation and its role in enforcing the nation's consumer protection statutes. While it discusses cases that illustrate the work of the Office, and identifies certain legal issues that the Office frequently addresses, it is not designed as a comprehensive litigation support guide. Assistant United States Attorneys handling cases under the statutes discussed in this Monograph should consult USABook, § 4-8.000, et seq., for more concrete litigation guidance, and should contact the Office of Consumer Litigation for assistance.

Table of Contents

1. Case Referrals Generally

2. The Federal Food, Drug, and Cosmetic Act
   1. The FDCA Case Referral Process
   2. Criminal Prosecutions Under the FDCA — Felonies and Misdemeanors
      1. Felony Behavior: Fraud on Consumers
      2. Felony Behavior: Fraud on FDA
         1. Felonious Behavior in the Black Market Context
         2. Felonious Behavior by Regulated Firms
      3. FDCA Misdemeanors
   3. Criminal Prosecutions Under the FDCA — Individuals as Defendants
   4. Criminal Prosecutions Under the FDCA — Sentencing Goals
   5. Civil Cases
      1. Injunctions
      2. Condemnation Actions
         1. Case Referrals
         2. Proceedings
      3. Civil Penalties
      4. Defensive Litigation On Behalf Of FDA
   6. FDA Inspection Warrants
      1. Referral
      2. Initial Refusal to Permit Inspection
      3. Application for a Warrant
      4. Failure to Allow Inspection Pursuant to a Warrant
         
         
3. Other Acts Administered by FDA
   1. Electronic Product Radiation Control
   2. The Fair Packaging and Labeling Program
   3. The Public Health Service Act
      
      
4. The Federal Trade Commission Act
   1. Referral of Cases
   2. Actions for Civil Penalties and Injunctive Relief for Violations of Final Orders Issued by the FTC
   3. Actions for Civil Penalties and Injunctive Relief for Violations of FTC Trade Regulation Rules
   4. Criminal Actions
      
      
5. Other Acts Administered by the FTC
   1. Consumer Credit Protection Act
      1. Civil Penalty Cases
      2. Criminal Cases
   2. The Fair Credit Reporting Act
   3. The Credit Repair Organizations Act
   4. Equal Credit Opportunity Act
   5. Fair Debt Collection Practices Act
   6. Wool Products Labeling Act, Fur Products Labeling Act, and Textile Fiber Products Identification Act
   7. Magnuson-Moss Warranty Act
   8. Telephone Disclosure and Dispute Resolution Act, Telemarketing and Consumer Fraud and Abuse Prevention Act
      
      
6. The Consumer Product Safety Commission
   1. Statutes Administered by the CPSC 35 1.
      1. The Consumer Product Safety Act
      2. The Flammable Fabrics Act
      3. The Federal Hazardous Substances Act
      4. The Poison Prevention Packaging Act of 1970
      5. The Refrigerator Safety Act 38
   2. OCL Litigation in Conjunction with the CPSC
      1. Criminal Prosecution
      2. Suit for Civil Penalties
      3. Suit for Injunction
      4. In rem Seizure Actions
      5. Enforcement Assistance
      6. Defensive Litigation
         
         
7. The Federal Odometer Tampering Statutes
   1. The Nature of Odometer Fraud
   2. Nature of OCL's Criminal Prosecutions
   3. Contact and Resource Sharing
   4. Other Offenses Commonly Charged
   5. Restitution and Notice to Victims
   6. Administrative Warrants, Civil Penalties, Injunction Actions
      
      
8. Automobile Information Disclosure

9. Federal Cigarette Labeling and Advertising Act

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