Federal Trade Commission v. Enforma Natural Products, Inc.

We consolidate these appeals for purposes of review and this opinion. Enforma Natural Products, Inc. (“Enforma”) asks us to quash two separate preliminary injunctions issued by District Judge J. Spencer Letts (before this case was reassigned to District Judge Stephen V. Wilson) restricting the sale and marketing of Enforma’s diet supplement products. Both appeals focus on irregular procedures employed by the district court. In appeal No. 02-56842, Enforma argues that the district court improperly relied on a court-appointed expert and issued insufficient findings of fact and conclusions of law to support the first preliminary injunction against Enforma. In appeal No. 02-57078, Enforma contends that the district court’s unilateral substantive amendment of the parties’ stipulated proposed preliminary injunction was an abuse of discretion, particularly where the district court added an erroneous contempt finding. Enforma also argues that the findings and conclusions issued in support of the second injunction are insufficient and that the court’s reliance on the court-appointed expert was improper.

We vacate both injunctions and remand both appeals. In appeal No. 02-56842, we remand…