WARNER’S RENOWNED REMEDIES v. FED. TRADE COMM., 140 F.2d 18 (D.C. Cir. 1944)

WARNER’S RENOWNED REMEDIES CO. v. FEDERAL TRADE COMMISSION.

No. 8268.United States Court of Appeals, District of Columbia Circuit.Argued December 9, 1943.
Decided January 17, 1944.

Petition for Review of Order of the Federal Trade Commission.

Proceedings by Warner’s Renowned Remedies Company against the Federal Trade Commission to review a cease and desist order of the Commission.

Order affirmed.

Mr. John A. Nash, of Washington, D.C., with whom Mr. Horace J. Donnelly, of Washington, D.C., was on the brief, for petitioner.

Mr. Joseph J. Smith, Jr., Assistant Chief Counsel, Federal Trade Commission, of Washington, D.C., with whom Mr. W.T. Kelley, Chief Counsel, of Washington, D.C., was on the brief, for respondent. Mr. J. Wallace Nichol, of Washington, D.C., also entered an appearance for respondent.

Before GRONER, Chief Justice, and DOBIE[*] and ARNOLD, Associate Justices.

[*] Sitting by assignment of the Chief Justice of the United States, pursuant to the provisions of the Act of December 29, 1942, entitled “An Act to amend the Judicial Code to authorize the Chief Justice of the United States to assign circuit judges to temporary duty in circuits other than their own.” 56 Stat. 1094, 28 U.S.C.A. §§ 17-20, 22, 23.

PER CURIAM.

Petitioner asks for a review of an order of the Federal Trade Commission compelling it to cease and desist advertising its preparations as valuable in the treatment of sterility in women. The order was based on findings by the Commission that petitioner had represented its preparations to be valuable in the treatment of functional sterility and that these preparations possessed no therapeutic value for that purpose. These findings are amply supported by the evidence.

The order of the Commission is, therefore, affirmed.

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