Stauffer Laboratories, Inc., a Corporation v. Federal Trade Commission

Good Law
343 F.2d 75·1965 Trade Cas. (CCH) 71,384·1965 U.S. App. LEXIS 6505
United States Court of Appeals for the Ninth CircuitFebruary 17, 196519279California1,355 words

Opinion

Opinion

Pope, J.

This is a petition to review a cease and desist order issued by the Federal Trade Commission directed to the petitioner Stauffer Laboratories, Inc. (hereafter called Stauffer) and its principal officer, pursuant to a complaint charging the petitioner with using unfair or deceptive acts or practices in commerce and with disseminating false and misleading advertisements with respect to a certain device which it offered for sale and sold, and which it called its “Magic Couch” or “Posture-Rest”.

This so-called “couch” consists of a central oscillating section measuring ten by fifteeen inches and two larger sections that are attached to opposite sides of the central section. The couch is intended to be used in connection with a plan known as the “Stauffer Home Plan.” The entire plan consists of two parts. One is the use of the couch and the other is the following of a low calorie diet. In the use of the couch the user lies upon it with his head on one attached portion and his legs on another while the central portion of his body is given what is called “effortless exercise” through the oscillation of the central portion. The representation of the advertising involved is that by…

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