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STANLEY LABORATORIES v. FEDERAL TRADE COMMISSION

No. 10149.

138 F.2d 388 (1943)

STANLEY LABORATORIES, Inc., et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Ninth Circuit.

October 20, 1943.

Attorney(s) appearing for the Case

Leo Levenson, of Portland, Or., and James J. Hayden, of Washington, D. C., for petitioners.

W. T. Kelley, Chief Counsel, F.T.C., Joseph J. Smith, Jr., Asst. Chief Counsel, and Jno. W. Carter, Jr., Sp. Atty., F.T.C., all of Washington, D. C., for respondent.

Before GARRECHT, STEPHENS and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

The single issue here presented is whether there is substantial evidence to support the respondent's findings that the petitioners' use of the letters "M.D.", either alone or in conjunction with the picturization of a doctor, nurse, or cross, in connection with a medicated douche powder put out by the petitioners, is deceptive in that it tends to lead the public to believe that the powder is endorsed by the medical profession or by the American...

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