United States v. An Article … Sudden Change
United States Court of Appeals for the Second Circuit
409 F.2d 734 (1969)
- Written by Alex Ruskell, JD
Facts
The United States (plaintiff) initiated an action to seize bottles of a cosmetic known as Sudden Change (defendant). Sudden Change was a lotion made primarily of water, although it promised to provide a “face lift without surgery” and “lift out puffs.” Based on Sudden Change’s labelling, the United States claimed Sudden Change was a drug under the meaning of the Federal Food, Drug, and Cosmetic Act. Sudden Change argued that it was not a drug because it only dried on the skin and made the skin look smoother until it was washed off. The district court ruled in Sudden Change’s favor, finding that a reasonable consumer would know that Sudden Change’s claims about “face lift without surgery” and “lift out puffs” were mere puffery and advertising. The United States appealed.
Rule of Law
Issue
Holding and Reasoning (Anderson, J.)
Dissent (Mansfield, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
