Carter Products, Inc. v. Federal Trade Commission

The instant case, which has a long history, is before us on a petition by Carter for review of and to set aside a Cease and Desist Order (hereafter “Order”) of the Federal Trade Commission (hereafter “Commission”) which Order was entered in 1956 at the conclusion of about 149 hearings held before a Hearing Examiner of the Commission. These hearings were held on a complaint of the Commission which charged petitioner Carter Products, Incorporated (hereafter “Carter”) with engaging in unfair and deceptive acts and practices in violation of the Federal Trade Commission Act (hereafter the “Act”) 15 U.S.C.A. § 41 et seq. The instant litigation was instituted by the Commission’s complaint bearing date of May 28, 1943. In the earlier stages of the proceeding, the Commission dismissed its complaint (without prejudice) as to a co-defendant and the case is now before us with Carter alone seeking a review of the Order.

This litigation was previously before this court and the much narrower issues then presented were disposed of by our opinion and judgment reported in 201 F.2d 446 , Carter Products, Inc. v. Federal Trade Commission. On certiorari, the Supreme Court vacated this judgment and…