Federal Trade Commission v. Rhodes Pharmacal Co.’s Empirical Analysis
191 F.2d 744 · 1951
Citation profile
24 federal appellate · 10 district · 2 state decisions
How this case has been cited
Cited by 45 later decisions — most recently January 1989 · most notably Securities and Exchange Commission v. Martin Frank, and Nylo-Thane Plastics Corp., Maurice Minuto, Olanda Minuto, Louis Braunston, Leonard Freedman (1968), Commonwealth v. Mass. Crinc (1984)
24 federal appellate · 10 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 53 (Federal Trade Commission Act of 1914)
Relies on Hecht Co. v. Bowles · Federal Trade Commission v. Beech-Nut Packing Co. · Federal Trade Commission v. Klesner · Shore v. Building & Construction Trades Council
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . . all the Commission had to show was a justifiable basis for believing, derived from reasonable inquiry or other credible information, that such a state of facts probably existed as reasonably would lead the Commission to believe that the defendants were engaged in the dissemination of false advertisements ... in violation of the Act . . .. This is to say, in the instant case, the court had only to resolve the narrow issue of whether there was ‘reasonable cause’ to believe that the alleged violation had taken place.” 191 F.2d at 747-748 .”
2 later decisions quote this exact passage · from the majority““The complaint in the instant matter was not filed until almost two years after the proceeding was instituted before the 'Commission. I have serious doubt if the statute contemplates the issuance of an injunction under such circumstances and, in any event, the long delay in making application for an injunction and the fact that a decision by the Commission on the merits could shortly be expected, were matters which the District Court might properly 'and evidently did take into consideration in the exercise of its discretion to deny the same.””
1 later decision quote this exact passage · from the majority““Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this subchapter, or of any rule or regulation prescribed under authority thereof, it may in its discretion, bring an action in any district court of the United States, * * * to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.