Carter Products, Inc. v. Federal Trade Commission

■ This case is before the court on petition to review and set aside an order of the Federal Trade Commission pertaining to a product labeled “Carter’s Little Liver Pills, A laxative aiding bile flow.”

In summary, the Commission found that the product does not stimulate the liver, aid the flow of. bile, or have a therapeutic value in the treatment of any condition or disorder of the liver. The order does not prohibit the continued sale and distribution of the pills as a laxative, but does require the producer to cease and desist from all advertising claims relative to their therapeutic action on the liver or the flow of the bile, and it directs the excision of the word “Liver” from the trade name.

Questions pertaining to the sufficiency of the evidence or to the merits are not presented by the petition. What is claimed, principally, is that a fair hearing was denied petitioner in that the trial examiner unduly and prejudicially restricted its right of cross-examining certain of the Commission’s expert witnesses upon whose testimony, in large measure, the findings and order were based. The witnesses in question were Doctors Carlson, Bollman, Lockwood, and Case. We are of opinion…