Amend Federal Trade Commission Act: Hearings Before a Subcommittee of the Committee on Interstate and Foreign Commerce, House of Representatives, Seventy-ninth Congress, Second Session, on H.R. 2390, a Bill to Amend the Act Creating the Federal Trade Commission, to Define Its Powers and Duties, and for Other Purposes. January 29, 30, February 27, 28, March 4, 5, 7, 8, 11, 1946U.S. Government Printing Office, 1946 - 585 pages Considers legislation to revise judicial review of Federal Trade Commission decisions. |
From inside the book
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Page 12
... authority to review the process of inference the court's powers are very restricted indeed . Does that illustrate the point ? The CHAIRMAN . Circumstantial evidence is largely establishing facts by inference , is it not ? Dr. STASON ...
... authority to review the process of inference the court's powers are very restricted indeed . Does that illustrate the point ? The CHAIRMAN . Circumstantial evidence is largely establishing facts by inference , is it not ? Dr. STASON ...
Page 16
... authority . He presides over the taking of testimony ; he has no power to rule on motions ; just as he has no power to enter a recommendation involving a con- clusion of fact or law . In the third place , there is nothing like an ...
... authority . He presides over the taking of testimony ; he has no power to rule on motions ; just as he has no power to enter a recommendation involving a con- clusion of fact or law . In the third place , there is nothing like an ...
Page 17
... authority . In order to achieve judicial impartiality and independence , the bill makes some very specific provisions regarding the tenure and salary arrangements for trial examiners . They can be removed only for cause ; their salaries ...
... authority . In order to achieve judicial impartiality and independence , the bill makes some very specific provisions regarding the tenure and salary arrangements for trial examiners . They can be removed only for cause ; their salaries ...
Page 21
... authority . It should be given as high a degree of authority as its decisions on the facts , but there ought to be some control in the courts to prevent unreasonably harsh action . At the present time , as I read the cases , the courts ...
... authority . It should be given as high a degree of authority as its decisions on the facts , but there ought to be some control in the courts to prevent unreasonably harsh action . At the present time , as I read the cases , the courts ...
Page 22
... authority and the authority of the courts . Now , if we do adopt the principle of the trial de novo , then by so doing , you bring about several collateral results which may not be so good . In the first place , you burden the courts ...
... authority and the authority of the courts . Now , if we do adopt the principle of the trial de novo , then by so doing , you bring about several collateral results which may not be so good . In the first place , you burden the courts ...
Common terms and phrases
administrative agencies Admission answer alpaca amendment appellate court attorney Carroll Reece CASSEDY cease and desist Chairman circuit court commerce Commis Commission's findings Commission's order committee complaint conclusion Congress Cosmetic Act court of appeals Dean Stason decision determine Digges district court Drug Administration false advertisement Federal Food Federal Trade Commission filed findings of fact Food and Drug hearing Hoge inferences interest Interstate Commerce Commission involved issue judge judicial review June 25 jurisdiction jury KELLEY labeling manufacturers matter Medicinal preparation ment mission modify name Alpacuna O'HARA opinion petitioner practice preponderance of evidence preponderance rule procedure proceedings proposed provisions question RABIN reasonable Reece bill remedy require respondent SADOWSKI section 15 sion statement statute Stipulation substantial evidence rule substantial-evidence rule Supreme Court testimony Therapeutic device tion Trade Commission Act trial de novo vicuna violation weight Wheeler-Lea Wheeler-Lea Act whole record witnesses WOODEN word
Popular passages
Page 501 - ... the production of all such documentary evidence relating to any matter under investigation. Any member of the commission may sign subpoenas, and members and examiners of the commission may administer oaths and affirmations, examine witnesses, and receive evidence. "Such attendance of witnesses, and the production of such documentary evidence may be required from any place in the United States, at any designated place of hearing.
Page 504 - Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (8) articles (other than food) intended to affect the structure or any function of the body of man or other animals...
Page 499 - Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to...
Page 498 - ... in that respect and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. The person, partnership, or corporation so complained of shall have the right to appear at the place and time so fixed and show cause...
Page 502 - The commission may order testimony to be taken by deposition in any proceeding or investigation pending under this Act at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commission and having power to administer oaths.
Page 315 - ... there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary...
Page 499 - The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari, as provided in section 240 of the Judicial Code.
Page 271 - Unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users...
Page 515 - cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles ; except that such term shall not include soap. (J) The term "official compendium...
Page 493 - Until a transcript of the record in such hearing shall have been filed in a circuit court of appeals of the United States, as hereinafter provided, the commission or board may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section.