Philip R. Park, Inc. v. Federal Trade Commission

Good Law
136 F.2d 428·1943 U.S. App. LEXIS 3058
United States Court of Appeals for the Ninth CircuitJune 29, 1943No. 9907California1,133 words

Opinion

Lead Opinion

Mathews, J.

Here for review is an order of the Federal Trade Commission “that [petitioner], Philip R. Park, Inc., a corporation, its officers, representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of their products ‘Granular Parkelp’ or ‘Parkelp Tablets,’ 1 or any other product of substantially similar composition or possessing substantially similar properties, whether sold under the same name or any other name, do forthwith cease and desist from directly or indirectly :

“1. Disseminating or causing to be disseminated any advertisement by means of the United States mails or by any other means in commerce as ‘commerce’ is defined in the Federal Trade Commission Act 2 ( 15 U.S.C.A. §§ 41-58 ), which advertisement represents, directly or through inference :

“(a) That [petitioner’s] preparation 3 has any therapeutic value in excess of that afforded by the iodine content thereof;

*429 “(b) That [petitioner’s] preparation contains iron, copper, calcium, phosphorus, sodium, potassium, magnesium, sulphur or other minerals in quantities sufficient to have therapeutic value in the treatment or…

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