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VIDAL SASSOON, INC. v. BRISTOL-MYERS CO.

No. 226, Docket 81-7483.

661 F.2d 272 (1981)

VIDAL SASSOON, INC., Appellee, v. BRISTOL-MYERS COMPANY, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 7, 1981.

Attorney(s) appearing for the Case

Gilbert H. Weil, Weil, Gutman & Davis, New York City, for appellant.

Richard L. Bond, Marshall, Bratter, Greene, Allison & Tucker, New York City, for appellee.

Before LUMBARD and KAUFMAN, Circuit Judges, and PIERCE, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

One of the most delicate tasks a court faces is the application of the legislative mandate of a prior generation to novel circumstances created by a culture grown more complex. In the instant case, we must determine whether statutory language derived from a 1920 prohibition against false advertising embraces misrepresentations regarding the results and methods of tests purporting to reflect consumer preferences for one named brand...

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