UNITED STATES v. VITASAFE CORPORATION

No. 2, Docket 29312.

352 F.2d 62 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. VITASAFE CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 21, 1965.


Attorney(s) appearing for the Case

Arthur M. Handler, Asst. U. S. Atty. for Southern District of New York (Robert M. Morgenthau, U. S. Atty., and David E. Montgomery, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Milton A. Bass, New York City (Bass & Friend, New York City, on the brief), for defendant-appellant.

Before MOORE, SMITH and ANDERSON, Circuit Judges.


PER CURIAM:

The Federal Trade Commission issued, with the consent of defendant-appellant Vitasafe Corporation, a cease and desist order dealing with representations in advertising and with the prompt cancellation of withdrawn orders. Appellant filed a compliance report. Action was brought by the United States in the United States District Court for the Southern District of New York under Section 5(l) of the F.T.C. Act, 15 U.S.C. § 45(l), for $50,000 civil penalties, on ten counts, for violation of the consent order. The District Court, Edward Weinfeld, Judge, ruled defendant was guilty on nine counts, assessed penalties of $18,000 and issued an injunction commanding compliance with the consent order, Section 9 of the F.T.C. Act, 15 U.S.C. § 49. 234 F.Supp. 710, S.D.N.Y.1964. We find no error and affirm the judgment.

In a considered opinion, Judge Weinfeld rejected appellant's claims that the order was not final, that the violations were inadvertent, and that the mere terms of the compliance proposal submitted by it insulated it from sanctions for violation. For the reasons given in Judge Weinfeld's opinion, we likewise reject these contentions. The further argument that the acts of appellant were not covered by the Federal Trade Commission Act is without substance and is in any case raised too late for the first time on appeal.

The judgment is in all respects affirmed.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases