Sweets Co. of America, Inc. v. Federal Trade Commission

I would affirm the Commission’s order. I do not believe we should substitute our own vagueness for that of the Commission. The Seventh Circuit Court of Appeals has repented of so doing. National Candy Co. v. Federal Trade Commission, 7 Cir., 104 F.2d 999, repudiating Federal Trade Commission v. A. McLean & Son, 7 Cir., 84 F.2d 910. Compare also Ostler Candy Co. v. Federal Trade Commission, 10 Cir., 106 F.2d 962. These cases hold that the Commission’s order cannot be reasonably construed to have application to straight candy, but, in view of the allegations of the complaint and the findings,…