Legal Opinion

Hofeller v. Federal Trade Commission

Court of Appeals for the Seventh Circuit

Decided March 25, 1936No. 5547PublishedCited by 10 opinions

This appeal is from an order of the Federal Trade Commission directing petitioner to cease and desist unfair trade practices, viz., the selling in interstate commerce to concessionaires, of candy so packed as to be a lottery or gift enterprise. Because of the importance of the findings of the Federal Trade Commission, we have set forth the findings of said commission, deleting the immaterial portions.*

1Opinion of the Court

EVANS, Circuit Judge.

Briefly stated the facts are:

Petitioner sells candy in packages which retail for five to twenty-five cents and contain various prizes ranging in value from one cent to three dollars. The consumer in purchasing a package does not know which prize he will receive nor its value. The packages are generally sold in burlesque theatres, at carnivals, and like places, where “straight” candy is not generally sold, but the Commission found that the potential competition -of “straight” candy was eliminated by the sale of this prize candy. It also held that the sale of prize candy…

2Cases cited8 opinions

  1. Federal Trade Commission v. Raladam Co.Supreme Court of the United States · 1931
  2. Federal Trade Commission v. R. F. Keppel & Bro. Inc.Supreme Court of the United States · 1934
  3. Federal Trade Commission v. GratzSupreme Court of the United States · 1920
  4. Federal Trade Commission v. Curtis Publishing Co.Supreme Court of the United States · 1923
  5. Federal Trade Commission v. BalmeCourt of Appeals for the Second Circuit · 1928

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Maltz v. SaxCourt of Appeals for the Seventh Circuit · 1943
  2. Federal Trade Commission v. A. McLean & SonCourt of Appeals for the Seventh Circuit · 1936
  3. Marco Sales Company, a Corporation, and Marvin O. Baer, Individually and as an Officer of Said Corporation v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1971
  4. Ostler Candy Co. v. Federal Trade CommissionCourt of Appeals for the Tenth Circuit · 1939
  5. Helen Ardelle, Inc. v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1939

5 more not listed; retrieve them via the Exa API.

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