United States Third Circuit

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Fed. Trade Comm'n v. Lane Labs-USA, Inc., 09-3909

In proceedings arising from the Federal Trade Commission's (FTC) action against defendants manufacturing distributor of specialty dietary supplements and cosmetic products, charging defendants with deceptive acts in violation of section 5 of the Federal Trade Commission Act (Act), district court's order denying the Federal Trade Commission's (FTC) motion to hold defendants in contempt for violation of a consent judgments entered by the district court on July 2000 and September 26, 2000 is vacated and remanded as the district court's conclusion that the defendants complied with "the spirit" of the Final Order was insufficient as the district court was not petitioned for an assessment of the general efficacy of the calcium and the male fertility enhancing supplements. Here, the FTC contended that specific marketing claims were violations of two previously entered consent decrees, and here, the district judge did not provide sufficiently detailed findings or sufficient rationale to allow effective appellate review to be performed.

Appellate Information

  • Argued 09/14/2010
  • Decided 10/26/2010
  • Published 10/26/2010

Judges

  • <a href="http://pview.findlaw.com/view/2231820_1">SMITH</a>

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/3293943_1">Theodora T. McCormick</a>, <a href="http://pview.findlaw.com/view/3520707_1">Michele Arington</a>