§ 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.