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I T T CONTINENTAL BAKING CO., INC. v. F. T. C.

No. 356, Docket 75-4141.

532 F.2d 207 (1976)

ITT CONTINENTAL BAKING COMPANY, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent, TED BATES & COMPANY, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 1, 1976.

Attorney(s) appearing for the Case

John H. Schafer, III, Washington, D. C. (Lawrence M. McKenna, New York City, Stephen C. Rogers, Washington, D. C., and Gordon A. Thomas, Rye, N. Y., on the brief), for petitioner ITT Continental Baking Co., Inc.

Marshall Cox, Washington, D. C. (Donald J. Mulvihill, Laurence T. Sorkin, Cahill, Gordon & Reindel, Washington, D. C., and Elhanan C. Stone, New York City, on the brief), for petitioner Ted Bates & Co., Inc.

Denis E. Hynes, Washington, D. C. (Robert J. Lewis, Gen. Counsel, Gerald Harwood, Assistant Gen. Counsel, and James P. Timony, Washington, D. C., on the brief), for respondent Federal Trade Commission.

Donovan, Leisure, Newton & Irvine, Mahlon F. Perkins, Jr., and Thomas R. Trowbridge, III, New York City, on the brief, for American Association of Advertising Agencies, Inc. as amicus curiae.

Before ANDERSON, FEINBERG and MULLIGAN, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

These are petitions to review an order of the Federal Trade Commission (Commission or FTC) requiring that the petitioners, ITT Continental Baking Co., Inc. (ITT Continental) and Ted Bates & Company, Inc. (Bates), cease and desist from making various types of nutritional claims in advertising food products.1 The cease and desist order was predicated on the Commission's finding that, in a series of...

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