Supreme Court of the United States
Federal Trade Commission v. Colgate-Palmolive Co.
April 5, 1965380 U.S. 374
Summary
The Court held that an advertiser engages in a deceptive trade practice under § 5 when it represents that viewers are seeing an actual test or demonstration providing objective proof of a product claim, while secretly using a simulated prop, even if the underlying product claim and experiment are truthful. The Court also held that the Commission's revised order complied with the appellate mandate, was adequately supported by the record, and was sufficiently clear and appropriately broad. Justice Harlan, joined by Justice Stewart, dissenting in part, would have treated an accurate televised image as nondeceptive and remanded for further findings concerning the breadth of the remedy.
Holding
- Timeliness of the petition for certiorari. The petition was timely because the Court of Appeals' second judgment clarified a genuine ambiguity in its first opinion; the 90-day period therefore ran from the second judgment rather than the first.
- Consistency of the Commission's revised order with the appellate mandate. The Commission's May 7, 1963, order was not issued in disregard of the Court of Appeals' first mandate and was a good-faith attempt to remove the error identified by that court.
- Deceptive practice under § 5. Secretly substituting a mock-up for the substance represented in a televised test or demonstration is an independent and material deceptive practice when the advertisement invites viewers to regard their own perception as objective proof of a product claim, even if the claim itself is true and the advertiser actually conducted a valid experiment.
- Adequacy and scope of the cease-and-desist order. The Commission's order was supported by the record, sufficiently clear for application, and reasonably broad because it prohibited the same deceptive practice in advertising any product marketed by respondents.
Docket 62
Cited authorities
- 28 U.S.C. § 2101
- 38 Stat. 717
- 52 Stat. 111
- 15 U.S.C. § 45
- 52 Stat. 114
- 15 U.S.C. § 45
- 38 Stat. 719
- 15 U.S.C. § 45
Cited by
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- Colonial Stores Incorporated v. Federal Trade Commission
- Swallows Holding, Ltd. v. Commissioner of Internal Revenue
- Estate of Eleanor R. Gerson, Allan D. Kleinman v. Commissioner of Internal Revenue
- State of Wisconsin, Plaintiff-Appellant v. American Tv & Appliance of Madison, Inc., Defendant-Respondent
- Federal Trade Commission v. Zaappaaz, LLC
- Sunshine Art Studios, Inc., Petitioners v. Federal Trade Commission, Respondent
- United States v. 29 Cartons