Herbold Laboratory, Inc. And Milton Herbold v. United States

ELY, Circuit Judge:

The Federal Trade Commission issued, in 1951, a Cease and Desist Order di recting appellants to refrain from advertising that their product “Herbold Pomade” was capable of restoring a user’s hair to its “former natural shade or color.” 1 In 1965, the Government instituted suit in the District Court, seeking the imposition of civil penalties authorized by the Federal Trade Commission Act, § 5(1). 15 U.S.C. § 45(l). The action was grounded upon certain alleged violations by appellants of the Order. The District Court imposed fines totaling $3,500.00 upon finding that…