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JUSTIN HAYNES & CO. v. FEDERAL TRADE COMMISSION

No. 359.

105 F.2d 988 (1939)

JUSTIN HAYNES & CO., Inc., v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

July 10, 1939.

Attorney(s) appearing for the Case

Munn, Anderson & Liddy, of New York City (Orson D. Munn and John H. Glaccum, both of New York City, of counsel), for petitioner.

W. T. Kelley, Chief Counsel, Federal Trade Commission, Martin A. Morrison, Asst. Chief Counsel, and S. Brogdyne Teu, II, Reuben J. Martin, and James W. Nichol, Sp. Attys., all of Washington, D. C., for respondent.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

The petitioner is a New York corporation which sells and distributes in interstate commerce under the trade name of Aspirub a medical preparation for external use containing 1.5 per cent. of aspirin. It has advertised the curative properties of its preparation in glowing terms, placing special stress upon the aspirin constituent. In March, 1936, the Commission filed a complaint against the petitioner charging that its advertising was false and...

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