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F.T.C. v. NATIONAL COMMISSION ON EGG NUTRITION

No. 74-2043.

517 F.2d 485 (1975)

FEDERAL TRADE COMMISSION, Petitioner-Appellant, v. NATIONAL COMMISSION ON EGG NUTRITION, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 15, 1975.

Rehearing Denied June 17, 1975.

Attorney(s) appearing for the Case

Calvin J. Collier and Karl H. Buschmann, F. T. C., Washington, D. C., James R. Thompson, U. S. Atty., and Gary L. Starkman, Asst. U. S. Atty., Chicago, Ill., for petitioner-appellant.

James L. Fox, Chicago, Ill., for respondent-appellee.

Before FAIRCHILD, Chief Judge, and CUMMINGS and TONE, Circuit Judges.

TONE, Circuit Judge.

The National Commission on Egg Nutrition (NCEN), a private, not-for-profit corporation composed of representatives of various associations of egg producers throughout the United States, has caused to be published and broadcast statements, in the form of paid advertisements, representing in substance that there is no scientific evidence that eating eggs increases the risk of heart disease or a heart attack. The Federal Trade Commission filed an...

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