Enforcement by the Federal Trade Commission

(a) Unfair or deceptive acts or practices A violation of section 1102 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission (1) In general The Federal Trade Commission (in this title referred to as the Commission) shall enforce this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. (2) Penalties and privileges Any person who violates this title or a regulation promulgated under this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Savings clause Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law. (c) Commission guidance Not later than 180 days after the date of enactment of this title, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this title, including guidance about best practices for making the disclosure required by section 1102 as clear and conspicuous and age appropriate as practicable and about best practices for the use of a pictorial (as defined in section 2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a))) visual representation of the information to be disclosed. (d) Tailored guidance A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of section 1102 consistent with existing rules of practice or any successor rules. (e) Limitation on Commission Guidance No guidance issued by the Commission with respect to this title shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this title, the Commission shall allege a specific violation of a provision of this title. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate section 1102.