United States Fourth Circuit

An FTC order containing an "all claims, all products" fencing-in provision is enforced over a claim that the agency lacked authority to issue the broader fencing-in provision because no reasonable relation exists between that provision and petitioner's violation of sections 5 and 12 of the FTC Act.

Appellate Information

• Argued 05/23/2006
• Decided 08/07/2006
• Published 08/07/2006

Judges

• Before WILKINS, Chief Judge, DUNCAN, Circuit Judge, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edward Francis Glynn, Jr., Venable, L.L.P., Washington, D.C., for Petitioners.  Leslie R. Melman, Federal Trade Commission, Washington, D.C., for Respondent.   ON BRIEF:  Theodore W. Atkinson, Venable, L.L.P., Washington, D.C., for Petitioners.  James A. Kohm, Associate Director, Connie M. Vecellio, Bureau of Consumer Protection, Walter Gross, III, Bureau of Consumer Protection, William Blumenthal, General, John F. Daly, Deputy General for Litigation, Federal Trade Commission, Washington, D.C., for Respondent.