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FTC v. COLGATE-PALMOLIVE CO.

No. 62.

380 U.S. 374 (1965)

85 S.Ct. 1035

13 L.Ed.2d 904

FEDERAL TRADE COMMISSION v. COLGATE-PALMOLIVE CO. ET AL.

Supreme Court of United States.

Decided April 5, 1965.

Attorney(s) appearing for the Case

Philip B. Heymann argued the cause for petitioner. With him on the briefs were Solicitor General Cox, Assistant Attorney General Orrick and James McI. Henderson.

John F. Sonnett argued the cause for respondents. With him on the brief for Colgate-Palmolive Co. was Arthur Mermin. On the brief for Ted Bates & Co., Inc., were H. Thomas Austern and William H. Allen.

Briefs of amici curiae, urging affirmance, were filed by Mahlon F. Perkins, Jr., for the American Association of Advertising Agencies, Inc., and by Gilbert H. Weil for the Association of National Advertisers, Inc.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

The basic question before us is whether it is a deceptive trade practice, prohibited by § 5 of the Federal Trade Commission Act,1 to represent falsely that a televised test, experiment, or demonstration provides a viewer with visual proof of a product claim, regardless of whether the product claim is itself true.

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