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ELMO COMPANY v. F. T. C.

No. 20709.

389 F.2d 550 (1967)

The ELMO COMPANY, Inc., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided December 27, 1967.

Attorney(s) appearing for the Case

Mr. Geo. Stephen Leonard, Washington, D. C., for petitioner.

Mr. Daniel H. Hanscom, Attorney, Federal Trade Commission, with whom Mr. James McI Henderson, General Counsel, Federal Trade Commission, was on the brief, for respondent. Mr. Harold Rhynedance, Jr., Attorney, Federal Trade Commission, also entered an appearance for respondent.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and BURGER, Circuit Judge.

BURGER, Circuit Judge.

In 1952 the Federal Trade Commission issued a complaint against the Elmo Corporation for engaging in false and deceptive practices in marketing a series of products known as the "Elmo Palliative Home Treatment." A consent decree resulted which permitted Elmo to claim that its products had some beneficial effects in the treatment of impaired hearing or head or ear noises. Elmo revised its advertising subsequent to this order. Since that time...

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