Cert. Denied In Corporation Sole's Challenge To FTC Regulation

Last week, the U.S. Supreme Court denied certiorari in Daniel Chapter One v. FTC, (Docket No. 10-1292, cert. denied 5/23/2011) (Order List.) In the case, the D.C. Circuit Court of Appeals held that an organization's formal legal status as a religious corporation sole does not prevent the Federal Trade Commission from regulating its advertisements for dietary supplements. The organization actually operated as a for-profit. The Circuit Court also rejected the argument that the FTC violated the Establishment Clause by using "scientism" as the basis for its requirements. (See prior posting.)