42 U.S.C. § 6395
Section 6395 · Enforcement
Amended 1 time on record
Applied in 5 court decisions — leading case Sossamon v. Texas (2011)
Most recently applied in 128 F. Supp. 3d 756 - Tanvir v. Lynch (September 2015)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever violates section 6394 of this title shall be subject to a civil penalty of not more than $5,000 for each violation.
Whoever willfully violates section 6394 of this title shall be fined not more than $10,000 for each violation.
Any person who knowingly and willfully violates section 6394 of this title with respect to the sale, offer of sale, or distribution in commerce of a product or commodity after having been subjected to a civil penalty for a prior violation of section 6394 of this title with respect to the sale, offer of sale, or distribution in commerce of such product or commodity shall be fined not more than $50,000 or imprisoned not more than 6 months, or both.
Whenever it appears to any officer or agency of the United States in whom is vested, or to whom is delegated, authority under this chapter that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of section 6394 of this title, such officer or agency may request the Attorney General to bring an action in an appropriate district court of the United States to enjoin such acts or practices, and upon a proper showing a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. Any such court may also issue mandatory injunctions commanding any person to comply with any rule, regulation, or order described in section 6394 of this title.
(1) Any person suffering legal wrong because of any act or practice arising out of any violation of any provision of this chapter described in paragraph (2), may bring an action in an appropriate district court of the United States without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment or writ of injunction. Nothing in this subsection shall authorize any person to recover damages.
(2) The provisions of this chapter referred to in paragraph (1) are as follows:
(A) Section 6262 1 of this title (relating to energy conservation plans).
(B) Section 6271 of this title (relating to international oil allocation).
(C) Section 6272 of this title (relating to international voluntary agreements).
(D) Section 6273 of this title (relating to advisory committees).
(E) Section 6274 of this title (relating to international exchange of information).
(F) Section 6391 of this title (relating to prohibition on certain actions).
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Section 6262 of this title, referred to in subsec. (e)(2)(A), was omitted from the Code pursuant to section 6264 of this title, which provided for expiration of authority under that section on June 30, 1985.