Charles of the Ritz Distributors Corp. v. Federal Trade Commission

143 F.2d 676 (1944)

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Charles of the Ritz Distributors Corp. v. Federal Trade Commission

United States Court of Appeals for the Second Circuit
143 F.2d 676 (1944)

Facts

Charles of the Ritz Distributors Corp. (Charles) (defendant) sold a cosmetic lotion called Rejuvenescence Cream. The cream was advertised to give skin “the petal-like quality and texture of youth” and as a product that “restores natural moisture.” The Federal Trade Commission (FTC) (plaintiff) filed a complaint, arguing Charles’s advertising deceptively claimed to rejuvenate and restore skin to a youthful state. At a hearing, doctors testified that no known substance had the ability to restore youth. A dermatologist testified that the word “rejuvenescence” indicated restoration of youth in common dermatological parlance. The FTC entered a cease and desist order, enjoining Charles from using the word “rejuvenescence” or otherwise claiming that the cream would restore youth. Charles appealed the FTC’s order.

Rule of Law

Issue

Holding and Reasoning (Clark, J.)

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