Weight Watchers International, Inc. v. Federal Trade Commission

ORDER

The Memorandum filed on November 25, 1994, is redesignated as an authored opinion with minor modifications.

Appeal from the United States District Court for the Western District of Washington.

OPINION

I

Weight Watchers International and Weight Watchers of Greater Washington State (“WW”) appeal the district court’s dismissal of their claim that the Federal Trade Commission (“FTC” or “Commission”) violated statutory requirements for rulemaking by impermissibly altering the existing legal guidelines regulating the weight loss industry on an adjudicatory case-by-ease basis. The district court, holding that the action was premature and therefore not justiciable, dismissed for lack of jurisdiction and, sua sponte, with respect to WW’s due process argument, for failure to state a claim. Weight Watchers v. Federal Trade Comm’n, 830 F.Supp. 539 (N.D.Wash.1993). We affirm in part, reverse in part, and remand.

II

The underlying dispute between Weight Watchers and the Federal Trade Commission (“FTC”) concerns Weight Watchers’ allegation that the FTC is making new rules to regulate the weight loss industry without following the procedures laid out in the FTC rulemaking statute, 15…