Standard Oil Company of California v. Federal Trade Commission, Batten, Barton, Durstine & Osborn, Inc. v. Federal Trade Commission

577 F.2d 653 47 A.L.R.Fed. 375, 1978-2 Trade Cases 62,145 , 4 Media L. Rep. 1459 STANDARD OIL COMPANY OF CALIFORNIA, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. BATTEN, BARTON, DURSTINE & OSBORN, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. No. 75-1341, 75-1342. United States Court of Appeals, Ninth Circuit. July 3, 1978. Francis R. Kirkham (argued), San Francisco, Cal., Lawrence G. Meyer (argued), Washington, D. C., for petitioners. David M. Fitzgerald (argued), Washington, D. C., for respondent. Petitions to Review an Order of the Federal Trade Commission. Before CUMMINGS, * HUFSTEDLER, and KENNEDY, Circuit Judges. KENNEDY, Circuit Judge: 1 In this consolidated appeal, petitioners Standard Oil Company of California (Standard), and Batten, Barton, Durstine & Osborn, Inc. (BBD&O), challenge a decision and a cease and desist order issued by the Federal Trade Commission (FTC or Commission). The Commission found that Standard and BBD&O had broadcast advertising that was false, misleading, and deceptive, in violation of section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 . Standard and BBD&O contend that the advertising was…