GELB v. FEDERAL TRADE COMMISSION

No. 144.

144 F.2d 580 (1944)

GELB et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

August 14, 1944.


Attorney(s) appearing for the Case

Wilbur H. Friedman, of New York City (Joseph M. Proskauer, of New York City, John Wattawa, of Washington, D. C., and Eugene Eisenmann, of New York City, of counsel), for petitioners.

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

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


SWAN, Circuit Judge.

In September 1938 the Federal Trade Commission issued a complaint against Clairol, Inc., a New York corporation, and three individuals who were its officers and controlled its advertising policies and practices. The complaint charged violation of the Federal Trade Commission Act, 15 U.S. C.A. § 45, in advertising two cosmetic preparations for shampooing and coloring the hair known generally as "Clairol" and specifically as "Progressive Clairol...

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