(3) Whether such price reasonably reflects addi-
tional costs, not within the control of such person, 
that were paid, incurred, or reasonably anticipated 
by such person, or reasonably reflects the profit-
ability of forgone sales or additional risks taken by 
such person, to produce, distribute, obtain, or sell 
such good or service under the circumstances. 
(c) ENFORCEMENT.— 
(1) ENFORCEMENT BY FEDERAL TRADE COM-
MISSION.— 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICES.—A violation of subsection (a) shall be 
treated as a violation of a regulation under sec-
tion 18(a)(1)(B) of the Federal Trade Commis-
sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 
unfair or deceptive acts or practices. 
(B) POWERS OF COMMISSION.—The Com-
mission shall enforce subsection (a) 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 
Act. Any person who violates such subsection 
shall be subject to the penalties and entitled to 
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the privileges and immunities provided in the 
Federal Trade Commission Act. 
(2) EFFECT ON OTHER LAWS.—Nothing in this 
Act shall be construed in any way to limit the au-
thority of the Commission under any other provision 
of law. 
(3) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.— 
(A) IN
GENERAL.—If the chief law en-
forcement officer of a State, or an official or 
agency designated by a State, has reason to be-
lieve that any person has violated or is violating 
subsection (a), the attorney general, official, or 
agency of the State, in addition to any author-
ity it may have to bring an action in State 
court under its consumer protection law, may 
bring a civil action in any appropriate United 
States district court or in any other court of 
competent jurisdiction, including a State court, 
to— 
(i) enjoin further such violation by 
such person; 
(ii) enforce compliance with such sub-
section; 
(iii) obtain civil penalties; and 
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(iv) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State. 
(B) NOTICE AND INTERVENTION BY THE 
FTC.—The attorney general of a State shall 
provide prior written notice of any action under 
subparagraph (A) to the Commission and pro-
vide the Commission with a copy of the com-
plaint in the action, except in any case in which 
such prior notice is not feasible, in which case 
the attorney general shall serve such notice im-
mediately upon instituting such action. The 
Commission shall have the right— 
(i) to intervene in the action; 
(ii) upon so intervening, to be heard 
on all matters arising therein; and 
(iii) to file petitions for appeal. 
(C) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion has instituted a civil action for violation of 
this Act, no State attorney general, or official 
or agency of a State, may bring an action under 
this paragraph during the pendency of that ac-
tion against any defendant named in the com-
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plaint of the Commission for any violation of 
this Act alleged in the complaint. 
(D) 
RELATIONSHIP
WITH
STATE-LAW 
CLAIMS.—If the attorney general of a State has 
authority to bring an action under State law di-
rected at acts or practices that also violate this 
Act, the attorney general may assert the State- 
law claim and a claim under this Act in the 
same civil action. 
(4) SAVINGS
CLAUSE.—Nothing in this Act 
shall preempt or otherwise affect any State or local 
law. 
(d) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) GOOD
OR
SERVICE.—The term ‘‘good or 
service’’ means a good or service offered in com-
merce, including— 
(A) food, beverages, water, ice, a chemical, 
or a personal hygiene product; 
(B) any personal protective equipment for 
protection from or prevention of contagious dis-
eases, filtering facepiece respirators, medical 
supplies (including medical testing supplies), 
cleaning supplies, disinfectants, sanitizers; or 
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(C) any healthcare service, cleaning serv-
ice, or delivery service. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian Tribe. 
Æ 
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