Sunday, June 26, 2011

Court Requires Organization That Claimed Religious Status To Comply With FTC Order

In United States v. Daniel Chapter One, (D DC, June 22, 2011), the federal district court for the District of Columbia granted a preliminary injunction enjoining an organization from continuing to market dietary supplements without complying with a cease and desist order issued by the Federal Trade Commission. The supplements were promoted as curing or preventing cancer and ameliorating the effects of radiation and chemotherapy.  Defendant had claimed that the FTC order violated its free exercise of religion because it is a religious corporation sole, and that the order violated the establishment clause because it was based on "scientism".  However the D.C. Circuit rejected that claim and the U.S. Supreme Court denied certiorari.