Gladys G. Holloway v. Bristol-Myers Corporation

LEVENTHAL, Circuit Judge:

The central ruling in this case holds that private actions to vindicate rights asserted under the Federal Trade Commission Act may not be maintained.

Claiming to represent the interests of the consuming public and advertising audience, 1 the appellants brought this class action against Bristol-Myers Corporation, the manufacturer of Excedrin, a widely sold non-prescription analgesic compound. They allege in essence that Bristol-Myers’ representations in a variety of advertisements — that Excedrin is and has been shown to be a more effective pain relieving agent than…