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FRESH GROWN PRESERVE CORP. v. FEDERAL TRADE COM'N

No. 51.

125 F.2d 917 (1942)

FRESH GROWN PRESERVE CORPORATION et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

February 16, 1942.

Attorney(s) appearing for the Case

W. T. Kelley, Chief Counsel, Federal Trade Commission, Martin A. Morrison, Asst. Chief Counsel, James W. Nichol, and Earl J. Kolb, Sp. Attys., all of Washington, D. C., for respondent.

Louis Halle, of New York City (Edward Halle, of New York City, on the brief), for petitioners.

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

CHASE, Circuit Judge.

This petition, under 15 U.S.C.A. § 45(c), puts in issue for purposes of review an order made by the Federal Trade Commission requiring the petitioners to cease and desist from labelling, marking or advertising their products as "preserves," or "pure preserves" unless they contain a fruit content in proportion to sugar of at least 45 to 55 by weight; from representing that their products, not having such proportions, are "preserves" or "pure...

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