HAMMOND MILLING CO. ET AL.
v.
UNITED STATES

U.S. | 1970-01-12
No. 648
396 U.S. 1002 Supreme Court of the United States (1970) Positive Treatment
Cited by 11 cases

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Cited By (11 total)

  • United States v. Nova Scotia Food Prods. Corp., 568 F.2d 240 (2d Cir. 1977)
    …ts or insects, e. g., United States v. Park, 421 U.S. 658, 95 S.Ct. 1903, 44 L.Ed.2d 489 (1975); United States v. [*246] Cassaro, Inc., 443 F. 2d 153 (1st Cir. 1971); United States v. Hammond Milling Co., 413 F. 2d 608 (5th Cir. 1969), cert. denied, 396 U.S. 1002, 90 S.Ct. 552, 24 L.Ed.2d 494 (1970). Yet, when we are dealing with the public health, the language of the Food, Drug and Cosmetic Act should not be read too restrictively, but rather as “consistent with the Act’s overriding purpose to protect the…
  • …he Board, we feel that the charging party must be afforded (1) an evidentiary hearing on any material issues of disputed fact presented by his objections, see N. L. R. B. v. Brush-Moore Newspapers, Inc., 6 Cir., 1969, 413 F. 2d 809, 811, cert. den. 396 U.S. 1002, 90 S.Ct. 555, 24 L.Ed.2d 495; and (2) a presentation on the record of reasons for acceptance of the settlement agreement as the basis for the order notwithstanding his objection. See Textile Workers Union of America, A.F.L.-C.I.O. v. N. L. R. B.,…
  • …expertise to determine whether advertisements have the capacity to deceive or mislead the public. Consumer testimony, although sometimes helpful, is not essential. Floersheim v. Federal Trade Commission, 411 F. 2d 874 (9th Cir. 1969), cert. denied, 396 U.S. 1002, 90 S.Ct. 551, 24 L.Ed.2d 494; Federal Trade Commission v. Colgate-Palmolive Co., supra. The Commission could have arrived at the same conclusions regarding the deceptive nature of petitioners’ advertising without its consumer witnesses, whose testi…

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