Legal Opinion

John J. Fulton Co. v. Federal Trade Commission

Court of Appeals for the Ninth Circuit

Decided July 21, 1942No. 9870PublishedCited by 15 opinions

1Opinion of the Court

HEALY, Circuit Judge.

In a proceeding before the Federal Trade Commission, here under review, petitioner was ordered to desist from advertising its product, Uvursin, as an effective treatment for diabetes.

Petitioner advertised the preparation in medical journals and in circulars distributed to the profession. Typical representations determined by the Commission to be false were that Uvursin “is a mild and innocuous oral treatment for diabetes mellitus”; that it is an efficacious treatment; that diabetic gangren.e “yields to Uvursin”; and that the product “is being recognized as the preferred…

2Cases cited5 opinions

  1. Dr. W. B. Caldwell, Inc. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1940
  2. Justin Haynes & Co. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1939
  3. Goodwin v. United StatesCourt of Appeals for the Sixth Circuit · 1924
  4. Neff v. Federal Trade CommissionCourt of Appeals for the Fourth Circuit · 1941
  5. Alberty v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1941

3Cited by15 opinions

  1. Gaston v. HunterCourt of Appeals of Arizona · 1978
  2. Charles of the Ritz Distributors Corp. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1944
  3. Maurice J. Feil and Leo a Loeb, Individually and as Co-Partners Trading as the Enurtone Company v. Federal Trande CommissionCourt of Appeals for the Ninth Circuit · 1960
  4. Research Laboratories, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1948
  5. Carter Products, Inc. v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1959

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