Piuma

This is an action by the United States to recover civil penalties prescribed by the Federal Trade Commission Act, 15 U.S.C.A. § 45 (l). The plaintiff has moved for summary judgment upon the pleadings.

Defendant sells and distributes, from his place of business in Los Angeles to customers in various states and in the District of Columbia, a medical preparation known as “Glendage”.

The complaint alleges and the answer admits the issuance and service by the Federal Trade Commission of a complaint dated September 5, 1934; the appearance and answer of the defendant before the Commission ; the issuance and service upon the defendant of a cease and desist order dated April 6, 1937; and the failure of the defendant to seek review of that order. The pleadings in the proceeding before the Commission are attached to the complaint.

The cease and desist order of the Commission requires defendant to refrain from representing, directly or indirectly:

“1. That said preparation is a gland tonic;

“2. That said preparation will restore vigorous health;

“3. That said preparation is the best gland remedy known;

“4. That said preparation constitutes a remedy for glands.”

The order further…