Louisiana Revised Statutes 40:641 – Injunction proceedings
Terms Used In Louisiana Revised Statutes 40:641
- Advertisement: includes all representations of fact or opinion disseminated to the public in any manner or by any means other than by the labeling. See Louisiana Revised Statutes 40:602
- Arrest: Taking physical custody of a person by lawful authority.
- Cosmetic: includes all substances and preparations intended for cleansing, altering the appearance of, or promoting the attractiveness of a person. See Louisiana Revised Statutes 40:602
- Device: includes all devices intended for use in diagnosis, treatment, or prevention of disease in man or beast, or intended to affect the structure of any function of the body. See Louisiana Revised Statutes 40:602
- Drug: includes all substances and preparations recognized in the official compendium, as herein defined. See Louisiana Revised Statutes 40:602
- Food: includes all substances and preparations used for or entering into the composition of food, drink, confectionery, chewing gum, or condiment for man or beast. See Louisiana Revised Statutes 40:602
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the repetitious introduction or causing to be introduced into commerce of any adulterated, misbranded, or unregistered food, drug, device, or cosmetic; or from the dissemination or causing to be disseminated of a false advertisement by any means for the purpose of inducing, directly or indirectly, the purchase of food, drugs, devices, or cosmetics in commerce.
B. In these injunction proceedings it is not necessary to show an intent on the part of the person enjoined to continue the offense.
C. Violation of any injunction issued pursuant to this Section shall be summarily tried and punished by the court as a contempt. The contempt proceedings may be instituted by order of the court or by the filing of an information by the district attorney and process of the court for the arrest of the violator may be served at any place in the state.
D. No person violates any injunction issued pursuant to this Section by reason of the dissemination, subsequent to the injunction, of the false advertisement which was the basis of the injunction, if the dissemination was beyond the control of the person.
Acts 2018, No. 206, §4.