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LEKAS & DRIVAS v. FEDERAL TRADE COMMISSION

No. 5.

145 F.2d 976 (1944)

LEKAS & DRIVAS, Inc., v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

November 30, 1944.

Attorney(s) appearing for the Case

Henry Ward Beer and Hyman L. Goldstein, both of New York City, for petitioner.

R. P. Bellinger, Sp. Atty., W. T. Kelley, Chief Counsel, and Joseph J. Smith, Jr., Asst. Chief Counsel, all of Washington, D. C., for respondent.

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

PER CURIAM.

The petitioner's advertising matter very clearly implied that olive oil would of itself make people healthy; specifically that it would prevent, or tend to prevent, appendicitis, gall stones, and bladder infections. Also that it had the vitamins A., E., and F. in substantial quantities; that it would cure skin irritations, neuralgia and rheumatism; stimulate the complexion and "tone up" the organs. According to the only witness sworn — a competent...

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