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ASSOCIATED LABORATORIES v. FEDERAL TRADE COMMISSION

No. 260.

150 F.2d 629 (1945)

ASSOCIATED LABORATORIES, Inc., v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

July 11, 1945.

Attorney(s) appearing for the Case

Francis Finkelhor, of New York City, for petitioner.

Joseph J. Smith, Jr., of Washington, D. C., and W. T. Kelley, Chief Counsel, and Carl Wheaton, Sp. Atty., Federal Trade Commission, for respondent.

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

PER CURIAM.

The petitioner seeks review of an order of the Federal Trade Commission, directing it to discontinue certain forms of advertising, to wit: declaring that its tablets — which go by the name, "Kelp-A-Malt" — will (1) overcome weakness, emaciation, thinness and underweight; (2) will acquire for the user "a well-proportioned body" and a "shapely" figure; (3) will restore health, strength and vigor to those who are "tired" and "run down"; (4)...

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