Communicating False Information about a Consumer
Subsection (c) of 18 U.S.C. § 1365 prohibits the knowing
communication of false information that a consumer product has been tainted
the product or the results of the communication affect interstate or foreign
commerce, and if the falsely alleged tainting, had it in fact occurred,
have created a risk of death or bodily injury to another person. The use of
phrase "results of such communication affect interstate or foreign commerce"
intended to provide clear Federal jurisdiction in situations in which the
product itself may no longer "affect" interstate or foreign commerce, but in
which the false communication causes actions to be taken which affect
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.
[cited in USAM 9-63.1100]