1451

Communicating False Information about a Consumer Product

Subsection (c) of 18 U.S.C. § 1365 prohibits the knowing communication of false information that a consumer product has been tainted if the product or the results of the communication affect interstate or foreign commerce, and if the falsely alleged tainting, had it in fact occurred, would have created a risk of death or bodily injury to another person. The use of the phrase "results of such communication affect interstate or foreign commerce" is intended to provide clear Federal jurisdiction in situations in which the tainted product itself may no longer "affect" interstate or foreign commerce, but in which the false communication causes actions to be taken which affect interstate or foreign commerce (e.g., recall). The consumer product also "affects" commerce if it can be proven "that the product about which a false claim of tainting is made has previously traveled in interstate [or foreign] commerce." United States v. Botello, 70 F.3d 78, 80 (9th Cir. 1995). [cited in USAM 9-63.1100]