COURT CASE AGAINST Mytinger & Casselberry, Inc. Mytinger & Casselberry had violated two acts, section 3 of the Clayton Act and Section 5 of the Federal Trade Commission Act, according to www.investopedia.com the Clayton act in short, “tries to prohibit acts that lead to anti-competitiveness”, and the Federal Trade Commission Act according to www.wikipedia.org grants “power to investigate and prevent deceptive trade practices”. In the first of two court cases between 1950 and 1962, the courts ordered Mytinger & Casselberry, Inc. to change their claims of Nutrilite vitamins positively aeffecting diseases like cancer, arthritis, asthma, heart trouble and tuberculosis. They changed their sales booklet, but most of the claims in the booklet was were still very misleading. After the FDA went on a rampage to seize as many of Nutrilite’s products as possible to force them to correct their misleading info or face going to court, Mytinger & Casselberry filed suit against the FDA, stating through the seizures they are trying to run them out of business, before they could make the necessary corrections, i. In a fairly lucky twist theirir the Judge in their case Judge Goldsborough, who was very much against the FDA, found in favor of Mytinger & Casselberry and issued a restraining order against the FDA, they went to trial and on …show more content…
The 80’s seemed to fit in with network marketing, and social networking was a new trend to meet new blood to grow downlines, s. Smaller network marketing company’s distributors did not need to hold stock like in the 70’s, thanks to the next day and second day delivery from the likes of UPS and Federal Express, this meant that network marketing companies could ship stock direct to distributors, as and when required, this made stock control much more effective and product moved quicker and
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
A lot of court cases are historically important and sometimes they the result in changing certain laws. For example, the Brown v. Board of Ed court case ended racial segregation in the U.S., and the Gideon v. Wainwright case required the state to provide low-income defendants with an attorney if they could not afford one. These two cases changed the Federal Constitution against racism and made it possible for all citizens to have the same rights in Untied State, and everyone experiences these changes on a daily basis. Another court case made a change in the Federal Constitution is Tinker v. Des Moines. Tinker v. Des Moines court case took a big part during the Vietnam War because it brought even more attention to the
Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his vehicle while he
When Dred Scott v. Sandford was decided in 1857, it made an enormous impact on the United States. It riled up both pro- and anti-slavery Americans. It angered many Americans in an extreme example of judicial activism. Some say it made the Civil War inevitable. By the time the dust had settled and the 13th and 14th Amendments reversed the Court’s decision, Dred Scott could be considered one of the worst Supreme Court decisions of all time. And yet, although the case was egregiously wrong, it still can be considered a “great case”.
The district court ruled against Mr. Comerford’s claim that the evidence brought against him was unconstitutional. For the purpose of this legal argument, Knotts v. U.S., Kyllo v. U.S, and Katz v. U.S. will be used to suggest to the Court that Comerford had no reasonable expectation of privacy in his evening drug runs, and Smith v. Maryland will be used to prove that there is no expectation of privacy regarding the phone numbers dialed. Together, these two cases prove that the government agents were not conducting an illegal search by tracking Comerfords location using The Chum, and that the evidence gathered by this investigation may be used against Comerford in a Court of law.
Catastrophically, the assassination of Doctor Martin Luther King was devastating. The prosecution built their theory that James Earl Ray was a racist. Luckily, James Earl Ray pled guilty to the murder, so there would be no trial. On April 4, 1968, Doctor King was fatally wounded by a single shot in Memphis, Tennessee while standing on the balcony of his second-story hotel. Subsequently, that evening a Remington .30-06 hunting rifle was found one block away from the Lorraine Motel. Over the next several weeks the prosecution was building their case, which consisted of the rifle, eyewitness reports, and fingerprints on the rifle all pointed to a single assailant, James Earl Ray. Furthermore, James Earl Ray was an escaped convict that was on the
Securities and Exchange Commission v. NutraCea et al., United States District of Arizona, Civil Action No. CV 11-0092-PHX-DGC
In this case, a plaintiff, Nemphos, brought a product liability case against Nestle Waters North America, Nestle USA, The Dannon Company and Gerber Products. The claim from the plaintiff, Nemphos on behalf of her minor daughter, was that these manufactures of bottled water, infant formula, and baby food her daughter consumed over a period of time caused her daughter to develop dental fluorosis. “The complaint alleged that the manufacturers had failed to warn about the risks of dental fluorosis for children who consume large amounts of fluoride, and that they had misleading marketed their fluoride-containing products as especially beneficial to children” (Nemphos vs. Nestle Waters, 2015)
Manufactures do have a duty to make consumers aware of their product and the side effects of it. There was zero evidence that the vitamin water documented the effects of a dietary supplement and that it has the same effect as a flu shot. Vitamin water should not be referenced to health benefits without being scientifically tested and approved by the Federal Trade Commission. This is where product liability comes into play, because it
A class action lawsuit was brought against the company in 2010 by a group of consumers. The judge found that the claims were unproven, hence the company was ordered to remove the description “scientifically” and “clinically” proven from their package and lower the price accordingly. I would have preferred to focus on the existing benefits, lower the price, and aggressively advertise to boost sales rather than point to a misleading benefit and inflate the price.
In February of 2015 the Federal Trade Commission issued refunds to 11,585 consumers for diet pills that were labeled as “fat burning” and “calorie blocking.” A Quebec based marketing group ran by Manon Fernet falsely claimed that the “Double Shot” pill would cause rapid, substantial and permanent weight loss, without diet or exercise; the FTC refund totaled to $464,000. According to the case after further investigation the Commission vote authorizing the staff to file the complaint and approving the proposed settlement order was
In the timeline, several flaws in the adjudication process were brought to light over how the FDA handled flaws in the studies and review boards. Several times the studies that were conducted by the sweetener manufacture, Searle, were brought into question over the validity of the results and the ethics of how they were achieved. Some of the head scientists supporting the safeness of aspartame later recanted their testaments and study evaluations saying they were forced or pressured into making those claims. Originally, aspartame was denied approval by the FDA because of the substantial scientific studies showing harmful effects on a person’s central nervous system and possible link to the increase of cancer. The approval process, FDA advisory panels, and review committees are gone over in detail throughout the timeline. Highlights of the grand jury proceedings when Searle, the first manufacture aspartame, was brought up on charges for knowingly misrepresenting finding that were submitted to the FDA. Flaws in the approval and petition process were also covered. The author calls for the approval of base chemicals like aspartame to be held to the same standard as a drug being introduced to the population. Since more people will be consuming the chemical in the food than a drug being approved, it should
Dietary supplements are an ever-increasing industry; that includes weight-loss aids, vitamins, herbal preparations, and energy boosters. With these increases, there is an outcry for more control on companies that sell these products. But the FDA only lightly monitors the supplement industry. As a result, some critics feel that the FDA needs to step in and more closely monitor supplement manufacturing to make sure the products sold do what do what the company says or have no negative side effects on the people who use these manufactured goods. Inside these supplements, some illegal substances have been found, and some of these supplements are illegal without a prescription. Furthermore, some companies mislabeled their products with false information that does not include the correct ingredients used on their bottles.
Firstly, it’s hard for us who are consumers to sue food manufacturers in they harmed our health since we don’t have enough evidence. As an illustration, a fourteen-year-old girl decided to accuse HFCS manufacturers who acted not responsibly to their consumers as they deliberately lie consumers about how HFCS will lead people to have type 2 diabetes (Wicker 5). She required five million dollars as her compensation, consisting of type 2 diabetes, less enjoyment in life, more pain and suffering, emotional stressing and lifelong medical complications (5). The court rejected her accusation in considering of no enough facts to prove the foods she ate contained too many HFSC (5). Similarly, two teenage girls put McDonald’s in court because of their
I came across a misleading product that was manufactured by a company called Allergan. The company marketed a drug called Latisse, which had the intent of thickening the eyelashes. Part of their advertising campaign casted Brooke Shields, an actress who was seen to have used the drug to thicken her eyelashes. However, the Food and Drugs Association (FDA) discovered that the drug had negative side effects, which Allergan had not informed their customers about. The side effects entailed unwanted growth of hair around the skin area that the drug had been applied. Most importantly, the drug led to blindness because of a bacterial infection and it darkened the eye colour.