Drug Research Corp. v. Curtis Publishing Co.

McNally, J. (dissenting).

In an action for libel, defendants appeal from an order denying their motion to dismiss the complaint for insufficiency.

The March 29, 1958 issue of the Saturday Evening Post contained an article entitled “ Don’4 Fall for the Mail Frauds.” *288The gist of the article is that Wonder Drug Corporation, through extensive newspaper advertisements, publicized a reducing drug described as 1 ‘ Regimen ’ ’ which allegedly made unnecessary the giving up of the kinds of food one likes to eat. However, states the article, in the container of ‘ ‘ Regimen ’ ’ are instructions warning…