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NOVARTIS CORP. v. F.T.C.

No. 99-1315.

223 F.3d 783 (2000)

NOVARTIS CORPORATION and Novartis Consumer Health, Inc., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2000.

Attorney(s) appearing for the Case

Michael L. Denger argued the cause for the petitioners. Miguel A. Estrada was on brief for the petitioners.

Daniel J. Popeo and Gene C. Schaerr were on brief for amicus curiae Washington Legal Foundation.

Thomas A. Thompson was on the brief for amicus curiae Grocery Manufacturers of America, Inc.

John F. Daly, Assistant General Counsel, Federal Trade Commission, argued the cause for the respondent. Debra A. Valentine, General Counsel, Federal Trade Commission, was on brief for the respondent.

Before: WILLIAMS, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Novartis Corporation and Novartis Consumer Health, Inc. (collectively Novartis), subsidiaries of Novartis Holding AG, petition for review of a Federal Trade Commission (FTC, Commission) cease-and-desist order. The Commission found that Novartis's advertisements of its Doan's back pain remedies were "deceptive" in violation of the Federal Trade Commission Act (Act...

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