COLGATE-PALMOLIVE COMPANY v. F. T. C.

Nos. 6145, 6146.

326 F.2d 517 (1963)

COLGATE-PALMOLIVE COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. TED BATES & COMPANY, Inc., Petitioner, v. FEDERAL TRADE COMMISSION. Respondent.

United States Court of Appeals First Circuit.

December 17, 1963.


Attorney(s) appearing for the Case

Mathias F. Correa, New York City, with whom Arthur Mermin, New York City, John F. Groden, Boston, Mass., Cahill, Gordon, Reindel & Ohl, New York City, and Withington, Cross, Park & McCann, Boston, Mass., were on the brief, for Colgate-Palmolive Co.

Joseph A. McManus, New York City, with whom Lane McGovern, Boston, Mass., H. Thomas Austern, Alvin Friedman, Washington, D. C., David Falk, Washington, D. C., Coudert Brothers, New York City, Ropes & Gray, Boston, Mass., and Covington & Burling, Washington, D. C., were on the brief, for Ted Bates & Co., Inc.

Philip B. Heyman, Atty., Dept. of Justice, with whom James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, and Miles J. Brown, Attorney, Federal Trade Commission, were on the brief, for respondent.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

In 1959 petitioner Colgate-Palmolive Company, at the suggestion of its advertising agency, petitioner Ted Bates & Company, ran a series of television commercials purporting to show, by moving pictures and dialogue, that Colgate's shaving cream Palmolive Rapid Shave was so "moisturizing" that it would permit "tough" (coarse) sandpaper to be "shaved" immediately with a safety razor. The Federal Trade Commission, after a hearing, found that...

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