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Covid vaccines are not a vaccination as a vaccination has specific Criteria which must be met.<\/p>\n
1) CDC Definition: Immunity is protection from an infectious disease.<\/p>\n
2) If you are immune to a disease you can be exposed to it without becoming infected.<\/p>\n
3) Neither Fizer nor Minerva claim either of these with their vaccinations.<\/p>\n
Immunity: You can be exposed to it without becoming affected by the pathogen.<\/p>\n
By Definition: A vaccine is a product that stimulates a person\u2019s immune system to produce immunity (see def,) to a specific disease, protecting that person from that disease. Neither vaccine meets an immune or a transmission standard. Not doing testing for above (Immunities or Vaccines)<\/p>\n
New England Journal of Medicine Oct 2020 \u201cAt the time of this writing, no correlative protection for SARS COV2 has been established.\u201d
No clinical trials by either Fizer or Manerva. Does not measure to either standard required.<\/p>\n
Landset\/ NEJ \u201cNo existing vaccines have been shown to be effective against infection with any beta corona virus. The family that includes SARS COV2 which causes COVID 19.<\/p>\n
2018 Maderna is a Gene Therapy Technology Company NOT a vaccine company. Did license updated for vaccine manufacturing?
1986 Liability Exclusion. Sec HHS Under state of emergency, liability can be waived if a vaccine. Not a vaccine so no shield under this exception.<\/p>\n
Can not diagnose a thing that cannot diagnose a thing. Deceptive acts and practices. No waiver of liability under deceptive practices even under state of emergency.<\/p>\n
<\/p>\n
15 U.S. Code\u00a0\u00a7\u202f41.Federal Trade Commission\u00a0established; membership; vacancies; seal<\/strong><\/p>\n A commission is created and established, to be known as the\u00a0Federal Trade Commission\u00a0(hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the\u00a0Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from\u00a0September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..[1]<\/a>\u00a0The President shall choose a chairman from the Commission\u2019s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.<\/p>\n The Commission shall have an official seal, which shall be judicially noticed.<\/p>\n (Sept. 26, 1914, ch. 311, \u00a7\u202f1,\u00a038 Stat. 717<\/a>; Mar. 21, 1938, ch. 49, \u00a7\u202f1,\u00a052 Stat. 111<\/a>; 1950 Reorg. Plan No. 8, \u00a7\u202f3, eff.\u00a0May 24, 1950,\u00a015 F.R. 3175<\/a>,\u00a064 Stat. 1265<\/a>.)<\/p>\n 15 U.S. Code\u00a0\u00a7\u202f42.Employees; expenses<\/strong><\/p>\n Each commissioner shall receive a salary, payable in the same manner as the salaries of the judges of the courts of the United States. The commission shall appoint a secretary, who shall receive a salary, and it shall have authority to employ and fix the compensation of such attorneys, special experts, examiners, clerks, and other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by\u00a0Congress.<\/p>\n With the exception of the secretary, a clerk to each Commissioner, the attorneys, and such special experts and examiners as the Commission may from time to time find necessary for the conduct of its work, all employees of the Commission shall be a part of the classified civil service, and shall enter the service under such rules and regulations as may be prescribed by the Commission and by the Director of the\u00a0Office of Personnel Management.<\/p>\n All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission.<\/p>\n Until otherwise provided by law, the Commission may rent suitable offices for its use.<\/p>\n The\u00a0Government Accountability Office\u00a0shall receive and examine all accounts of expenditures of the Commission.<\/p>\n (Sept. 26, 1914, ch. 311, \u00a7\u202f2,\u00a038 Stat. 718<\/a>; June 10, 1921, ch. 18, title III, \u00a7\u202f304,\u00a042 Stat. 24<\/a>; 1978 Reorg. Plan No. 2, \u00a7\u202f102,\u00a043 F.R. 36037<\/a>,\u00a092 Stat. 3783<\/a>;\u00a0Pub. L. 108\u2013271, \u00a7\u202f8(b)<\/a>,\u00a0July 7, 2004,\u00a0118 Stat. 814<\/a>.)<\/p>\n 15 U.S. Code\u00a0\u00a7\u202f43.Office and place of meeting<\/strong><\/p>\n The principal office of the Commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The Commission may, by one or more of its members, or by such examiners as it may designate, prosecute any inquiry necessary to its duties in any part of the United States.<\/p>\n (Sept. 26, 1914, ch. 311, \u00a7\u202f3,\u00a038 Stat. 719<\/a>.)<\/p>\n 15 U.S. Code \u00a7 44 – Definitions<\/strong><\/p>\n The words defined in this section shall have the following meaning when found in this subchapter, to wit:<\/p>\n \u201cCommerce<\/a>\u201d means\u00a0commerce<\/a>\u00a0among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation.<\/p>\n \u201cCorporation<\/a>\u201d shall be deemed to include any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, which is organized to carry on business for its own profit or that of its members, and has shares of capital or capital stock or certificates of interest, and any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, without shares of capital or capital stock or certificates of interest, except partnerships, which is organized to carry on business for its own profit or that of its members.<\/p>\n \u201cDocumentary evidence<\/a>\u201d includes all documents, papers, correspondence, books of account, and financial and corporate records.<\/p>\n \u201cActs to regulate commerce<\/a>\u201d means subtitle IV of title 49 and the\u00a0Communications Act of 1934<\/a>\u00a0[47 U.S.C. 151<\/a>\u00a0et seq.] and all Acts amendatory thereof and supplementary thereto.<\/p>\n \u201cAntitrust Acts\u201d means the Act entitled \u201cAn Act to protect trade and\u00a0commerce<\/a>\u00a0against unlawful restraints and monopolies\u201d, approved\u00a0July 2, 1890; also\u00a0sections 73<\/a>\u00a0to 76, inclusive, of an Act entitled \u201cAn Act to reduce taxation, to provide revenue for the Government, and for other purposes\u201d, approved\u00a0August 27, 1894; also the Act entitled \u201cAn Act to amend sections 73 and 76 of the Act of\u00a0August 27, 1894, entitled \u2018An Act to reduce taxation, to provide revenue for the Government, and for other purposes\u2019\u202f\u201d, approved\u00a0February 12, 1913; and also the Act entitled \u201cAn Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes\u201d, approved\u00a0October 15, 1914.<\/p>\n \u201cBanks<\/a>\u201d means the types of\u00a0banks<\/a>\u00a0and other financial institutions referred to in\u00a0section 57a(f)(2) of this title<\/a>.<\/p>\n \u201cForeign law enforcement agency<\/a>\u201d means\u2014<\/p>\n (1) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and<\/p>\n (2) any multinational organization, to the extent that it is acting on behalf of an entity described in paragraph (1).<\/p>\n (Sept. 26, 1914, ch. 311, \u00a7\u202f4,\u00a038 Stat. 719<\/a>; Mar. 21, 1938, ch. 49, \u00a7\u202f2,\u00a052 Stat. 111<\/a>;\u00a0Pub. L. 102\u2013242, title II, \u00a7\u202f212(g)(1)<\/a>,\u00a0Dec. 19, 1991,\u00a0105 Stat. 2302<\/a>;\u00a0Pub. L. 107\u2013273, div. C, title IV, \u00a7\u202f14102(c)(2)(B)<\/a>,\u00a0Nov. 2, 2002,\u00a0116 Stat. 1921<\/a>;\u00a0Pub. L. 109\u2013455<\/a>, \u00a7\u00a7\u202f2, 13,\u00a0Dec. 22, 2006,\u00a0120 Stat. 3372<\/a>, 3382;\u00a0Pub. L. 112\u2013203, \u00a7\u202f1<\/a>,\u00a0Dec. 4, 2012,\u00a0126 Stat. 1484<\/a>.)<\/p>\n 15 U.S. Code \u00a7 45 – Unfair methods of competition unlawful; prevention by Commission<\/strong><\/p>\n (a)Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade<\/strong><\/p>\n (1) <\/strong>Unfair methods of competition in or affecting\u00a0commerce<\/a>, and\u00a0unfair or deceptive acts or practices<\/a>\u00a0in or affecting\u00a0commerce,<\/a>\u00a0are hereby declared unlawful.<\/p>\n (2) <\/strong>The Commission is hereby empowered and directed to prevent persons, partnerships, or\u00a0corporations<\/a>, except\u00a0banks,<\/a>\u00a0savings and loan institutions<\/a>\u00a0described in\u00a0section 57a(f)(3) of this title<\/a>,\u00a0Federal credit unions\u00a0<\/a>described in\u00a0section 57a(f)(4) of this title<\/a>, common carriers subject to the\u00a0Acts to regulate commerce,<\/a>\u00a0air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or\u00a0corporations\u00a0<\/a>insofar as they are subject to the\u00a0Packers and Stockyards Act, 1921<\/a>, as amended [7 U.S.C. 181<\/a>\u00a0et seq.], except as provided in section 406(b) of said Act [7 U.S.C. 227(b)<\/a>], from using unfair methods of competition in or affecting\u00a0commerce\u00a0<\/a>and\u00a0unfair or deceptive acts or practices\u00a0<\/a>in or affecting\u00a0commerce.<\/a><\/p>\n (3)<\/strong>This subsection shall not apply to unfair methods of competition involving\u00a0commerce<\/a>\u00a0with foreign nations (other than import\u00a0commerce<\/a>) unless\u2014<\/p>\n (A)<\/strong>such methods of competition have a direct, substantial, and reasonably foreseeable effect\u2014<\/p>\n (i) <\/strong>on\u00a0commerce<\/a>\u00a0which is not\u00a0commerce<\/a>\u00a0with foreign nations, or on import\u00a0commerce<\/a>\u00a0with foreign nations; or<\/p>\n (ii) <\/strong>on export\u00a0commerce<\/a>\u00a0with foreign nations, of a person engaged in such\u00a0commerce<\/a>\u00a0in the United States; and<\/p>\n (B) <\/strong>such effect gives rise to a claim under the provisions of this subsection, other than this paragraph.<\/p>\n If this subsection applies to such methods of competition only because of the operation of subparagraph (A)(ii), this subsection shall apply to such conduct only for injury to export business in the United States.<\/p>\n (4) (A)<\/strong>For purposes of subsection (a), the term \u201cunfair or deceptive acts or practices<\/a>\u201d includes such acts or practices involving foreign\u00a0commerce\u00a0<\/a>that\u2014<\/p>\n (i) <\/strong>cause or are likely to cause reasonably foreseeable injury within the United States; or<\/p>\n (ii) <\/strong>involve material conduct occurring within the United States.<\/p>\n (B) <\/strong>All remedies available to the Commission with respect to unfair and deceptive acts or practices shall be available for acts and practices described in this paragraph, including restitution to domestic or foreign victims.<\/p>\n (b)Proceeding by Commission; modifying and setting aside orders<\/strong><\/p>\n Whenever the Commission shall have reason to believe that any such person, partnership, or\u00a0corporation<\/a>\u00a0has been or is using any unfair method of competition or unfair or deceptive act or practice in or affecting\u00a0commerce,<\/a>\u00a0and if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public, it shall issue and serve upon such person, partnership, or\u00a0corporation<\/a>\u00a0a complaint stating its charges in that respect and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. The person, partnership, or\u00a0corporation<\/a>\u00a0so complained of shall have the right to appear at the place and time so fixed and show cause why an order should not be entered by the Commission requiring such person, partnership, or\u00a0corporation<\/a>\u00a0to cease and desist from the violation of the law so charged in said complaint. Any person, partnership, or\u00a0corporation<\/a>\u00a0may make application, and upon good cause shown may be allowed by the Commission to intervene and appear in said proceeding by counsel or in person. The testimony in any such proceeding shall be reduced to writing and filed in the office of the Commission. If upon such hearing the Commission shall be of the opinion that the method of competition or the act or practice in question is prohibited by this subchapter, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served on such person, partnership, or\u00a0corporation<\/a>\u00a0an order requiring such person, partnership, or\u00a0corporation<\/a>\u00a0to cease and desist from using such method of competition or such act or practice. Until the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, or, if a petition for review has been filed within such time then until the record in the proceeding has been filed in a court of appeals of the United States, as hereinafter provided, the Commission may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section. After the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, the Commission may at any time, after notice and opportunity for hearing, reopen and alter, modify, or set aside, in whole or in part any report or order made or issued by it under this section, whenever in the opinion of the Commission conditions of fact or of law have so changed as to require such action or if the public interest shall so require, except that (1) the said person, partnership, or\u00a0corporation<\/a>\u00a0may, within sixty days after service upon him or it of said report or order entered after such a reopening, obtain a review thereof in the appropriate court of appeals of the United States, in the manner provided in subsection (c) of this section; and (2) in the case of an order, the Commission shall reopen any such order to consider whether such order (including any affirmative relief provision contained in such order) should be altered, modified, or set aside, in whole or in part, if the person, partnership, or\u00a0corporation<\/a>\u00a0involved files a request with the Commission which makes a satisfactory showing that changed conditions of law or fact require such order to be altered, modified, or set aside, in whole or in part. The Commission shall determine whether to alter, modify, or set aside any order of the Commission in response to a request made by a person, partnership, or\u00a0corporation<\/a>\u00a0under paragraph\u202f[1]<\/a>\u00a0(2) not later than 120 days after the date of the filing of such request.<\/p>\n (c)Review of order; rehearing<\/strong><\/p>\n Any person, partnership, or\u00a0corporation<\/a>\u00a0required by an order of the Commission to cease and desist from using any method of competition or act or practice may obtain a review of such order in the court of appeals of the United States, within any circuit where the method of competition or the act or practice in question was used or where such person, partnership, or\u00a0corporation<\/a>\u00a0resides or carries on business, by filing in the court, within sixty days from the date of the service of such order, a written petition praying that the order of the Commission be set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the proceeding, as provided in\u00a0section 2112 of title 28<\/a>. Upon such filing of the petition the court shall have jurisdiction of the proceeding and of the question determined therein concurrently with the Commission until the filing of the record and shall have power to make and enter a decree affirming, modifying, or setting aside the order of the Commission, and enforcing the same to the extent that such order is affirmed and to issue such writs as are ancillary to its jurisdiction or are necessary in its judgement to prevent injury to the public or to competitors pendente lite. The findings of the Commission as to the facts, if supported by evidence, shall be conclusive. To the extent that the order of the Commission is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the Commission. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the return of such additional evidence. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari, as provided in\u00a0section 1254 of title 28<\/a>.<\/p>\n (d)Jurisdiction of court<\/strong><\/p>\n Upon the filing of the record with it the jurisdiction of the court of appeals of the United States to affirm, enforce, modify, or set aside orders of the Commission shall be exclusive.<\/p>\n (e)Exemption from liability<\/strong><\/p>\n No order of the Commission or judgement of court to enforce the same shall in anywise relieve or absolve any person, partnership, or\u00a0corporation<\/a>\u00a0from any liability under the Antitrust Acts.<\/p>\n (f)Service of complaints, orders and other processes; return<\/strong><\/p>\n Complaints, orders, and other processes of the Commission under this section may be served by anyone duly authorized by the Commission, either (a) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or the president, secretary, or other executive officer or a director of the\u00a0corporation<\/a>\u00a0to be served; or (b) by leaving a copy thereof at the residence or the principal office or place of business of such person, partnership, or\u00a0corporation<\/a>; or (c) by mailing a copy thereof by registered mail or by certified mail addressed to such person, partnership, or\u00a0corporation<\/a>\u00a0at his or its residence or principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post office receipt for said complaint, order, or other process mailed by registered mail or by certified mail as aforesaid shall be proof of the service of the same.<\/p>\n (g)Finality of order<\/strong>An order of the Commission to cease and desist shall become final\u2014<\/p>\n (1) <\/strong>Upon the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time; but the Commission may thereafter modify or set aside its order to the extent provided in the last sentence of subsection (b).<\/p>\n (2)<\/strong>Except as to any order provision subject to paragraph (4), upon the sixtieth day after such order is served, if a petition for review has been duly filed; except that any such order may be stayed, in whole or in part and subject to such conditions as may be appropriate, by\u2014<\/p>\n (A) <\/strong>the Commission;<\/p>\n (B) <\/strong>an appropriate court of appeals of the United States, if (i) a petition for review of such order is pending in such court, and (ii) an application for such a stay was previously submitted to the Commission and the Commission, within the 30-day period beginning on the date the application was received by the Commission, either denied the application or did not grant or deny the application; or<\/p>\n (C) <\/strong>the Supreme Court, if an applicable petition for certiorari is pending.<\/p>\n (3)<\/strong>For purposes of subsection (m)(1)(B) and of\u00a0section 57b(a)(2) of this title<\/a>, if a petition for review of the order of the Commission has been filed\u2014<\/p>\n (A) <\/strong>upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Commission has been affirmed or the petition for review has been dismissed by the court of appeals and no petition for certiorari has been duly filed;<\/p>\n (B) <\/strong>upon the denial of a petition for certiorari, if the order of the Commission has been affirmed or the petition for review has been dismissed by the court of appeals; or<\/p>\n (C) <\/strong>upon the expiration of 30 days from the date of issuance of a\u00a0mandate<\/a>\u00a0of the Supreme Court directing that the order of the Commission be affirmed or the petition for review be dismissed.<\/p>\n (4)<\/strong>In the case of an order provision requiring a person, partnership, or\u00a0corporation<\/a>\u00a0to divest itself of stock, other share capital, or assets, if a petition for review of such order of the Commission has been filed\u2014<\/p>\n (A) <\/strong>upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Commission has been affirmed or the petition for review has been dismissed by the court of appeals and no petition for certiorari has been duly filed;<\/p>\n (B) <\/strong>upon the denial of a petition for certiorari, if the order of the Commission has been affirmed or the petition for review has been dismissed by the court of appeals; or<\/p>\n (C) <\/strong>upon the expiration of 30 days from the date of issuance of a\u00a0mandate<\/a>\u00a0of the Supreme Court directing that the order of the Commission be affirmed or the petition for review be dismissed.<\/p>\n (h)Modification or setting aside of order by Supreme Court<\/strong><\/p>\n If the Supreme Court directs that the order of the Commission be modified or set aside, the order of the Commission rendered in accordance with the\u00a0mandate<\/a>\u00a0of the Supreme Court shall become final upon the expiration of thirty days from the time it was rendered, unless within such thirty days either party has instituted proceedings to have such order corrected to accord with the\u00a0mandate<\/a>, in which event the order of the Commission shall become final when so corrected.<\/p>\n (i)Modification or setting aside of order by Court of Appeals<\/strong><\/p>\n If the order of the Commission is modified or set aside by the court of appeals, and if (1) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the Commission rendered in accordance with the\u00a0mandate<\/a>\u00a0of the court of appeals shall become final on the expiration of thirty days from the time such order of the Commission was rendered, unless within such thirty days either party has instituted proceedings to have such order corrected so that it will accord with the\u00a0mandate<\/a>, in which event the order of the Commission shall become final when so corrected.<\/p>\n (j)Rehearing upon order or remand<\/strong><\/p>\n If the Supreme Court orders a rehearing; or if the case is remanded by the court of appeals to the Commission for a rehearing, and if (1) the time allowed for filing a petition for certiorari has expired, and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the Commission rendered upon such rehearing shall become final in the same manner as though no prior order of the Commission had been rendered.<\/p>\n (k)\u201cMandate\u201d defined<\/strong><\/p>\n As used in this section the term \u201cmandate<\/a>\u201d, in case a\u00a0mandate<\/a>\u00a0has been recalled prior to the expiration of thirty days from the date of issuance thereof, means the final\u00a0mandate<\/a>.<\/p>\n (l)Penalty for violation of order; injunctions and other appropriate equitable relief<\/strong><\/p>\n Any person, partnership, or\u00a0corporation<\/a>\u00a0who violates an order of the Commission after it has become final, and while such order is in effect, shall forfeit and pay to the United States a civil penalty of not more than $10,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the Attorney General of the United States. Each separate violation of such an order shall be a separate offense, except that in a case of a violation through continuing failure to obey or neglect to obey a final order of the Commission, each day of continuance of such failure or neglect shall be deemed a separate offense. In such actions, the\u00a0United States district courts\u00a0are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate in the enforcement of such final orders of the Commission.<\/p>\n (m)Civil actions for recovery of penalties for knowing violations of rules and cease and desist orders respecting unfair or deceptive acts or practices; jurisdiction; maximum amount of penalties; continuing violations; de novo determinations; compromise or settlement procedure<\/strong><\/p>\n (1)<\/strong><\/p>\n (A) <\/strong>The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person, partnership, or\u00a0corporation<\/a>\u00a0which violates any rule under this subchapter respecting\u00a0unfair or deceptive acts or practices<\/a>\u00a0(other than an interpretive rule or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of subsection (a)(1)) with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive and is prohibited by such rule. In such action, such person, partnership, or\u00a0corporation\u00a0<\/a>shall be liable for a civil penalty of not more than $10,000 for each violation.<\/p>\n (B)<\/strong>If the Commission determines in a proceeding under subsection (b) that any act or practice is unfair or deceptive, and issues a final cease and desist order, other than a consent order, with respect to such act or practice, then the Commission may commence a civil action to obtain a civil penalty in a district court of the United States against any person, partnership, or\u00a0corporation<\/a>\u00a0which engages in such act or practice\u2014<\/p>\n (1) <\/strong>after such cease and desist order becomes final (whether or not such person, partnership, or\u00a0corporation<\/a>\u00a0was subject to such cease and desist order), and<\/p>\n (2) <\/strong>with actual knowledge that such act or practice is unfair or deceptive and is unlawful under subsection (a)(1) of this section.<\/p>\n In such action, such person, partnership, or\u00a0corporation<\/a>\u00a0shall be liable for a civil penalty of not more than $10,000 for each violation.<\/p>\n (C) <\/strong>In the case of a violation through continuing failure to comply with a rule or with subsection (a)(1), each day of continuance of such failure shall be treated as a separate violation, for purposes of subparagraphs (A) and (B). In determining the amount of such a civil penalty, the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.<\/p>\n (2) <\/strong>If the cease and desist order establishing that the act or practice is unfair or deceptive was not issued against the defendant in a civil penalty action under paragraph (1)(B) the issues of fact in such action against such defendant shall be tried de novo. Upon request of any party to such an action against such defendant, the court shall also review the determination of law made by the Commission in the proceeding under subsection (b) that the act or practice which was the subject of such proceeding constituted an unfair or deceptive act or practice in violation of subsection (a).<\/p>\n (3) <\/strong>The Commission may compromise or settle any action for a civil penalty if such compromise or settlement is accompanied by a public statement of its reasons and is approved by the court.<\/p>\n (n)Standard of proof; public policy considerations<\/strong><\/p>\n The Commission shall have no authority under this section or\u00a0section 57a of this title<\/a>\u00a0to declare unlawful an act or practice on the grounds that such act or practice is unfair unless the act or practice causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. In determining whether an act or practice is unfair, the Commission may consider established public policies as evidence to be considered with all other evidence. Such public policy considerations may not serve as a primary basis for such determination.<\/p>\n (Sept. 26, 1914, ch. 311, \u00a7\u202f5,\u00a038 Stat. 719<\/a>; Mar. 21, 1938, ch. 49, \u00a7\u202f3,\u00a052 Stat. 111<\/a>; June 23, 1938, ch. 601, title XI, \u00a7\u202f1107(f),\u00a052 Stat. 1028<\/a>; June 25, 1948, ch. 646, \u00a7\u202f32(a),\u00a062 Stat. 991<\/a>; May 24, 1949, ch. 139, \u00a7\u202f127,\u00a063 Stat. 107<\/a>; Mar. 16, 1950, ch. 61, \u00a7\u202f4(c),\u00a064 Stat. 21<\/a>; July 14, 1952, ch. 745, \u00a7\u202f2,\u00a066 Stat. 632<\/a>;\u00a0Pub. L. 85\u2013726, title XIV<\/a>, \u00a7\u00a7\u202f1401(b), 1411,\u00a0Aug. 23, 1958,\u00a072 Stat. 806<\/a>, 809;\u00a0Pub. L. 85\u2013791, \u00a7\u202f3<\/a>,\u00a0Aug. 28, 1958,\u00a072 Stat. 942<\/a>;\u00a0Pub. L. 85\u2013909, \u00a7\u202f3<\/a>,\u00a0Sept. 2, 1958,\u00a072 Stat. 1750<\/a>;\u00a0Pub. L. 86\u2013507, \u00a7\u202f1(13)<\/a>,\u00a0June 11, 1960,\u00a074 Stat. 200<\/a>;\u00a0Pub. L. 93\u2013153, title IV, \u00a7\u202f408(c)<\/a>, (d),\u00a0Nov. 16, 1973,\u00a087 Stat. 591<\/a>, 592;\u00a0Pub. L. 93\u2013637, title II<\/a>, \u00a7\u00a7\u202f201(a), 204(b), 205(a),\u00a0Jan. 4, 1975,\u00a088 Stat. 2193<\/a>, 2200;\u00a0Pub. L. 94\u2013145, \u00a7\u202f3<\/a>,\u00a0Dec. 12, 1975,\u00a089 Stat. 801<\/a>;\u00a0Pub. L. 96\u201337, \u00a7\u202f1(a)<\/a>,\u00a0July 23, 1979,\u00a093 Stat. 95<\/a>;\u00a0Pub. L. 96\u2013252, \u00a7\u202f2<\/a>,\u00a0May 28, 1980,\u00a094 Stat. 374<\/a>;\u00a0Pub. L. 97\u2013290, title IV, \u00a7\u202f403<\/a>,\u00a0Oct. 8, 1982,\u00a096 Stat. 1246<\/a>;\u00a0Pub. L. 98\u2013620, title IV, \u00a7\u202f402(12)<\/a>,\u00a0Nov. 8, 1984,\u00a098 Stat. 3358<\/a>;\u00a0Pub. L. 100\u201386, title VII, \u00a7\u202f715(a)(1)<\/a>,\u00a0Aug. 10, 1987,\u00a0101 Stat. 655<\/a>;\u00a0Pub. L. 103\u2013312<\/a>, \u00a7\u00a7\u202f4, 6, 9,\u00a0Aug. 26, 1994,\u00a0108 Stat. 1691<\/a>, 1692, 1695;\u00a0Pub. L. 109\u2013455<\/a>, \u00a7\u00a7\u202f3, 13,\u00a0Dec. 22, 2006,\u00a0120 Stat. 3372<\/a>, 3382;\u00a0Pub. L. 112\u2013203, \u00a7\u202f1<\/a>,\u00a0Dec. 4, 2012,\u00a0126 Stat. 1484<\/a>.)<\/p>\n 15 U.S. Code \u00a7 2805 – Enforcement provisions<\/strong><\/p>\n (a)Maintenance of civil action by franchisee against franchisor; jurisdiction and venue; time for commencement of action<\/strong>If a\u00a0franchisor<\/a>\u00a0fails to comply with the requirements of section\u00a02802<\/a>,\u00a02803<\/a>, or\u00a02807<\/a>\u00a0of this title, the\u00a0franchisee\u00a0<\/a>may maintain a civil action against such\u00a0franchisor.<\/a>\u00a0Such action may be brought, without regard to the amount in controversy, in the district court of the United\u00a0States\u00a0<\/a>in any judicial district in which the principal place of business of such\u00a0franchisor\u00a0<\/a>is located or in which such\u00a0franchisee\u00a0<\/a>is doing business, except that no such action may be maintained unless commenced within 1 year after the later of\u2014<\/p>\n (1) <\/strong>the date of\u00a0termination<\/a>\u00a0of the\u00a0franchise\u00a0<\/a>or nonrenewal of the\u00a0franchise relationship<\/a>; or<\/p>\n (2) <\/strong>the date the\u00a0franchisor<\/a>\u00a0fails to comply with the requirements of section\u00a02802<\/a>,\u00a02803<\/a>, or\u00a02807<\/a>\u00a0of this title.<\/p>\n (b)Equitable relief by court; bond requirements; grounds for nonexercise of court\u2019s equitable powers<\/strong><\/p>\n (1) <\/strong>In any action under subsection (a), the court shall grant such equitable relief as the court determines is necessary to remedy the effects of any failure to comply with the requirements of section\u00a02802<\/a>,\u00a02803<\/a>, or\u00a02807<\/a>\u00a0of this title, including declaratory judgment, mandatory or prohibitive injunctive relief, and interim equitable relief.<\/p>\n (2)<\/strong>Except as provided in paragraph (3), in any action under subsection (a), the court shall grant a preliminary injunction if\u2014<\/p>\n (A)<\/strong>the\u00a0franchisee<\/a>\u00a0shows\u2014<\/p>\n (i) <\/strong>the\u00a0franchise<\/a>\u00a0of which he is a party has been terminated or the\u00a0franchise relationship<\/a>\u00a0of which he is a party has not been renewed, and<\/p>\n (ii) <\/strong>there exist sufficiently serious questions going to the merits to make such questions a fair ground for litigation; and<\/p>\n (B) <\/strong>the court determines that, on balance, the hardships imposed upon the\u00a0franchisor<\/a>\u00a0by the issuance of such preliminary injunctive relief will be less than the hardship which would be imposed upon such\u00a0franchisee\u00a0<\/a>if such preliminary injunctive relief were not granted.<\/p>\n (3) <\/strong>Nothing in this subsection prevents any court from requiring the\u00a0franchisee<\/a>\u00a0in any action under subsection (a) to post a bond, in an amount established by the court, prior to the issuance or continuation of any equitable relief.<\/p>\n (4)<\/strong>In any action under subsection (a), the court need not exercise its equity powers to compel continuation or renewal of the\u00a0franchise relationship<\/a>\u00a0if such action was commenced\u2014<\/p>\n (A) <\/strong>more than 90 days after the date on which notification pursuant to\u00a0section 2804(a) of this title<\/a>\u00a0was posted or personally delivered to the\u00a0franchisee;<\/a><\/p>\n (B) <\/strong>more than 180 days after the date on which notification pursuant to\u00a0section 2804(b)(2) of this title<\/a>\u00a0was posted or personally delivered to the\u00a0franchisee;<\/a>\u00a0or<\/p>\n (C) <\/strong>more than 30 days after the date on which the\u00a0termination<\/a>\u00a0of such\u00a0franchise\u00a0<\/a>or the nonrenewal of such\u00a0franchise relationship<\/a>\u00a0takes effect if less than 90 days notification was provided pursuant to\u00a0section 2804(b)(1) of this title<\/a>.<\/p>\n (c)Burden of proof; burden of going forward with evidence<\/strong><\/p>\n In any action under subsection (a), the\u00a0franchisee<\/a>\u00a0shall have the burden of proving the\u00a0termination<\/a>\u00a0of the\u00a0franchise\u00a0<\/a>or the nonrenewal of the\u00a0franchise relationship<\/a>. The\u00a0franchisor\u00a0<\/a>shall bear the burden of going forward with evidence to establish as an affirmative defense that such\u00a0termination\u00a0<\/a>or nonrenewal was permitted under section\u00a02802(b)<\/a>\u00a0or\u00a02803<\/a>\u00a0of this title, and, if applicable, that such\u00a0franchisor\u00a0<\/a>complied with the requirements of\u00a0section 2802(d) of this title<\/a>.<\/p>\n (d)Actual and exemplary damages and attorney and expert witness fees to franchisee; determination by court of right to exemplary damages and amount; attorney and expert witness fees to franchisor for frivolous actions<\/strong><\/p>\n (1)<\/strong>If the\u00a0franchisee<\/a>\u00a0prevails in any action under subsection (a), such\u00a0franchisee<\/a>\u00a0shall be entitled\u2014<\/p>\n (A) <\/strong>consistent with the Federal Rules of Civil Procedure, to actual damages;<\/p>\n (B) <\/strong>in the case of any such action which is based upon conduct of the\u00a0franchisor<\/a>\u00a0which was in willful disregard of the requirements of section\u00a02802<\/a>,\u00a02803<\/a>, or\u00a02807<\/a>\u00a0of this title, or the rights of the\u00a0franchisee\u00a0<\/a>thereunder, to exemplary damages, where appropriate; and<\/p>\n (C) <\/strong>to reasonable attorney and expert witness fees to be paid by the\u00a0franchisor<\/a>, unless the court determines that only nominal damages are to be awarded to such\u00a0franchisee,<\/a>\u00a0in which case the court, in its discretion, need not direct that such fees be paid by the\u00a0franchisor<\/a>.<\/p>\n (2) <\/strong>The question of whether to award exemplary damages and the amount of any such award shall be determined by the court and not by a jury.<\/p>\n (3) <\/strong>In any action under subsection (a), the court may, in its discretion, direct that reasonable attorney and expert witness fees be paid by the\u00a0franchisee<\/a>\u00a0if the court finds that such action is frivolous.<\/p>\n (e)Discretionary power of court to compel continuation or renewal of franchise relationship; grounds for noncompulsion; right of franchisee to actual damages and attorney and expert witness fees unaffected<\/strong><\/p>\n (1)<\/strong>In any action under subsection (a) with respect to a failure of a\u00a0franchisor<\/a>\u00a0to renew a\u00a0franchise relationship<\/a>\u00a0in compliance with the requirements of\u00a0section 2802 of this title<\/a>, the court may not compel a continuation or renewal of the\u00a0franchise relationship\u00a0<\/a>if the\u00a0franchisor\u00a0<\/a>demonstrates to the satisfaction of the court that\u2014<\/p>\n (A)<\/strong>the basis for such nonrenewal is a determination made by the\u00a0franchisor<\/a>\u00a0in good faith and in the normal course of business\u2014<\/p>\n (i) <\/strong>to convert the\u00a0leased marketing premises<\/a>\u00a0to a use other than the sale or distribution of\u00a0motor fuel,<\/a><\/p>\n (ii) <\/strong>to materially alter, add to, or replace such premises,<\/p>\n (iii) <\/strong>to sell such premises,<\/p>\n (iv) <\/strong>to withdraw from the marketing of\u00a0motor fuel<\/a>\u00a0through retail outlets in the\u00a0relevant geographic market area<\/a>\u00a0in which the\u00a0marketing premises\u00a0<\/a>are located, or<\/p>\n (v) <\/strong>that renewal of the\u00a0franchise relationship<\/a>\u00a0is likely to be uneconomical to the\u00a0franchisor\u00a0<\/a>despite any reasonable changes or reasonable additions to the provisions of the\u00a0franchise\u00a0<\/a>which may be acceptable to the\u00a0franchisee;<\/a>\u00a0and<\/p>\n (B) <\/strong>the requirements of\u00a0section 2804 of this title<\/a>\u00a0have been complied with.<\/p>\n (2) <\/strong>The provisions of paragraph (1) shall not affect any right of any\u00a0franchisee<\/a>\u00a0to recover actual damages and reasonable attorney and expert witness fees under subsection (d) if such nonrenewal is prohibited by\u00a0section 2802 of this title<\/a>.<\/p>\n