Lichtenstein

Petitioner, a dealer in gambling devices used to promote sales of merchandise, seeks a review and our setting aside of two orders of the Federal Trade Commission. One of the orders provides:

Since the gambling devices, the punchboards, were shipped with petitioner’s merchandise to be sold to the ultimate consumer in a gambling sale, the order is clearly justified by Federal Trade Commission v. R. F. Keppel & Bro., 291 U.S. 304 , 54 S.Ct. 423 , 78 L.Ed. 814 . This order of the Commission is affirmed.

The second order complained of reads as follows: It is ordered that respondents cease: “Selling or distributing in commerce, as ‘commerce’ is defined in the Federal Trade Commission Act, punch boards, push cards, or other lottery devices, which are to be used, or may be used, in the sale or distribution of merchandise to the public by means of a game of chance, gift enterprise, or lottery scheme.” (Emphasis supplied.)

The Commission’s brief here admits concerning the place in which the gambling sales are consummated to the ultimate consumer that: “It is true that the final sale to the ultimate purchaser by means of lottery of necessity, always occurs in intrastate commerce and is an…