Lee Boyer's Candy v. Federal Trade Commission

This is a petition to review an order of the Federal Trade Commission. Petition *262 er’s brief specifies as error, 1 not the entire order, but only so much thereof as requires petitioner to cease and desist from: “(1) Selling' or distributing any merchandise so packed and assembled that sales of said merchandise to the public are to be made or may be made by means of a game of chance, gift enterprise or lottery scheme.”

Other paragraphs of the order — paragraphs (2), (3) and (4) — are not here challenged. As to paragraph (1), petitioner’s only objection is to the phrase “or may be made.” This phrase, petitioner contends, makes the order too broad. Supporting petitioner’s contention are: Helen Ardelle, Inc., v. Federal Trade Commission, 9 Cir., 101 F.2d 718 ; Federal Trade Commission v. A. McLean & Son, 7 Cir., 84 F.2d 910 ; Federal Trade Commission v. Charles N. Miller Co., 1 Cir., 97 F.2d 563 ; Sweets Co. v. Federal Trade Commission, 2 Cir., 109 F.2d 296 . Opposed are: National Candy Co. v. Federal Trade Commission, 7 Cir., 104 F.2d 999 ; 2 Ostler Candy Co. v. Federal Trade Commission, 10 Cir., 106 F.2d 962 ; Hill v. Federal Trade Commission, 5 Cir., 124 F.2d 104 ; Kritzik v.…