FTC v. Hi-Tech Pharmaceuticals, No. 14-13131 (11th Cir. 2015)Annotate this Case
Defendants Hi-Tech, Jared Wheat, Stephen Smith, and Dr. Terrill Mark Wright appealed the district court's order holding them in contempt for violating injunctions that prohibit them from making any representations about weight-loss products unless they possess and rely upon competent and reliable scientific evidence that substantiates the representation. The court concluded that the district court abused its discretion when it held defendants in contempt because the district court misapplied the doctrine of collateral estoppel when it refused to consider defendants' evidence of substantiation. In this case, the level of substantiation the injunctions require for the representations at issue in the contempt proceedings is not "identical" to any issue the district court decided in the earlier litigation. Accordingly, the court vacated the order and remanded for further proceedings.
The court issued a subsequent related opinion or order on September 18, 2019.