Legal Opinion · Dissent

Kerran v. Federal Trade Commission

Court of Appeals for the Tenth Circuit

Decided March 19, 1959No. 5850Published

1DissentRreitemstein, Circuit Judge

The majority opinion sustains the Federal Trade Commission in requiring the manufacturer of an admittedly high quality domestic product to disclose in its advertising and on its container labels the source of its product. It does so in the absence of any claim that such manufacturer has ever made a deceptive or misleading statement in connection with the marketing of the product, rc-refined lubricating oil. A deceptive practice is said to result from the marketing of the product “in containers indistinguishable from those used generally to market lubricating oil refined from virgin crude,…

2Cases cited9 opinions

  1. Jacob Siegel Co. v. Federal Trade CommissionSupreme Court of the United States · 1946
  2. Federal Trade Commission v. Algoma Lumber Co.Supreme Court of the United States · 1934
  3. P. Lorillard Co. v. Federal Trade CommissionCourt of Appeals for the Fourth Circuit · 1950
  4. Alberty v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1950
  5. L. Heller & Son, Inc. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1951

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