Legal Opinion · Dissent

L. B. Silver Co. v. Federal Trade Commission of America

Court of Appeals for the Sixth Circuit

Decided February 16, 1923No. 3648Published

1DissentDenison, Circuit Judge

While I concur generally in the opinion of Judge DONAHUE as far as it goes, I see both the need and the occasion for a study of thé scope and extent of the Commission’s power along the line here involved, under section 5 of the act .(Comp. St. § 8836e).

In this matter, as in many others currently familiar, the Commission has adopted the theory that the “unfair methods of competition” denounced by section 5 include all false, not to say unethical, advertising and promotion of a particular article by which that fraction of the public desiring to purchase an article of that class may be, in a…

2Cases cited14 opinions

  1. Federal Trade Commission v. Beech-Nut Packing Co.Supreme Court of the United States · 1922
  2. Federal Trade Commission v. GratzSupreme Court of the United States · 1920
  3. Federal Trade Commission v. Winsted Hosiery Co.Supreme Court of the United States · 1922
  4. Sears, Roebuck & Co. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1919
  5. National Harness Mfrs.' Ass'n v. Federal Trade CommissionCourt of Appeals for the Sixth Circuit · 1920

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