N.Y. General Business Law § 821: Enforcement and penalties

§ 821. Enforcement and penalties. 1. Whenever there shall be a

violation of this article, an application may be made by the attorney

general in the name of the people of the state of New York to a court or

justice having jurisdiction by a special proceeding to issue an

injunction to enjoin and restrain the continuance of such violations;

and if it shall appear to the satisfaction of the court or justice that

the defendant has, in fact, violated this article, an injunction may be

issued by such court or justice enjoining and restraining any further

violation, without requiring proof that any person has, in fact, been

injured or damaged thereby. In any such proceeding, the court may make

allowances to the attorney general as provided in paragraph six of

subdivision (a) of section eighty-three hundred three of the civil

practice law and rules, and direct restitution. Whenever the court shall

determine that a violation of this article has occurred the court may

impose a civil penalty of not more than five hundred dollars for each

violation. For the purposes of this section each group of identical

items shall constitute a single violation. In connection with any such

proposed application, the attorney general is authorized to take proof

and make a determination of the relevant facts and to issue subpoenas in

accordance with the civil practice law and rules.

2. Before any violation of this article is sought to be enjoined, the

attorney general shall be required to give the person against whom such

proceeding is contemplated notice by certified mail and an opportunity

to show in writing within five business days after receipt of notice why

proceedings should not be instituted against him, unless the attorney

general shall find, in any case in which he seeks preliminary relief,

that to give such notice and opportunity is not in the public interest.

3. In any such action it shall be a complete defense that the act or

practice is, or if in interstate commerce would be, subject to and

complies with the rules and regulations of, and the statutes

administered by, the federal food and drug administration or any

official department, division, commission or agency of the United States

as such rules, regulations or statutes are interpreted by the federal

food and drug administration or such department, division, commission or

agency or the federal courts.