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AMERICAN HOME PRODUCTS CORPORATION v. F. T. C.

No. 17781.

402 F.2d 232 (1968)

AMERICAN HOME PRODUCTS CORPORATION, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Sixth Circuit.

October 18, 1968.

Attorney(s) appearing for the Case

Samuel W. Murphy, Jr., New York City, for petitioner; Kenneth N. Hart, James A. Magee, Donovan, Leisure, Newton & Irvine, New York City, Powell McHenry, Dinsmore, Shohl, Barrett, Coates & Deupree, Cincinnati, Ohio, on brief.

David B. Morris, F.T.C., Washington, D. C., for respondent; James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, Charles C. Moore, Jr., Atty., F.T.C., Washington, D. C., on brief.

Sidney P. Howell, Jr., New York City, for amicus curiae — Proprietary Assn.; James F. Hoge, Rogers, Hoge & Hills, New York City, on brief.

Before EDWARDS, CELEBREZZE, and COMBS, Circuit Judges.

COMBS, Circuit Judge.

The Federal Trade Commission has charged the petitioner, American Home Products Corporation, with using unfair and deceptive advertising in connection with the sale and distribution of Preperation H, a non-prescription, proprietary drug sold in ointment and suppository form for use in the treatment of hemorrhoids.

It is alleged in the complaint that petitioner, advertising through newspapers, magazines, radio, television, and other media...

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