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EXCELSIOR LABORATORY v. FEDERAL TRADE COMMISSION

No. 76, Docket 21059.

171 F.2d 484 (1948)

EXCELSIOR LABORATORY, Inc. v. FEDERAL TRADE COMMISSION.

United States Court of Appeals Second Circuit.

December 20, 1948.

Attorney(s) appearing for the Case

Frank & Frank, of New York City (David Frank, of New York City, of counsel), for petitioner.

W. T. Kelley, Gen. Counsel, James W. Cassedy, Asst. Gen. Counsel, and A. B. Hobbes, Sp. Atty., all of Washington, D. C., for respondent.

Before SWAN, CHASE and FRANK, Circuit Judges.

CHASE, Circuit Judge.

After due notice and hearings, the Federal Trade Commission found upon adequate evidence that the petitioner manufactured at its plant on Staten Island in New York a product which it sold and distributed in interstate commerce as "Gosewisch's Odorless Garlic Tablets" by means in part of advertisements in newspapers and periodicals published in various states. By these advertisements, and otherwise, the petitioner represented that the use of the...

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