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Wybrant System Products Corp. v. Federal Trade Commission.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: May 5, 1959.

WYBRANT SYSTEM PRODUCTS CORPORATION, ET AL.
v.
FEDERAL TRADE COMMISSION.

Before: CLARK, Chief Judge, and SWAN and MOORE, Circuit Judges.

Petitioners seek review and the setting aside of an order directing them to cease and desist from certain advertising practices.

Per Curiam: Petitioner's advertisements were placed in newspapers with interstate circulation; and though designed primarily to sell their hair and scalp treatments, the material clearly was "likely to induce * * * indirectly the purchase of" the preparations that they also sold in substantial quantities for home use.*fn1 This is sufficient to establish the Commission's jurisdiction under § 12(a)(1) of the Federal Trade Commission Act, 15 U.S.C.A. § 52 (a)(1). Mueller v. United States, 5 Cir., 262 F.2d 443. The firm testimony of the Commission's several expert witnesses that petitioners' preparations and treatments cannot cure male pattern baldness provides ample basis for the Trial Examiner's conclusion that the advertisements were false. And since these witnesses freely conceded that some authorities had expressed somewhat contrary views, we do not think the Trial Examiner's refusal to receive in evidence the medical treatises that petitioners offered constituted reversible error. See Dolcin Corp. v. F.T.C ., D.C. Cir., 219 F.2d 742, 747-749, certiorari denied 348 U.S. 981.

Affirmed.


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