FTC v. Colgate-Palmolive Co.

1965 United States Supreme Court case
Federal Trade Commission v. Colgate-Palmolive Company
Argued December 10, 1964
Decided April 5th, 1965
Full case nameFederal Trade Commission v. Colgate-Palmolive Company
Citations380 U.S. 374 (more)
85 S. Ct. 1035; 13 L. Ed. 2d 904; 1965 U.S. LEXIS 2300
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Arthur Goldberg
Case opinions
MajorityWarren, joined by Black, Douglas, Clark, Brennan, White, Goldberg
Concur/dissentHarlan, joined by Stewart

Federal Trade Commission v. Colgate-Palmolive Company, 380 U.S. 374 (1965), was a United States Supreme Court case.

Background

A Colgate-Palmolive advertisement claimed that its Palmolive Rapid Shave shaving cream was so good it could be used to shave sandpaper. The commercial showed sandpaper applied with shaving cream and then shaved.

The Federal Trade Commission (FTC) complained that the ad was deceptive and a material misrepresentation because it was not sandpaper but rather sand sprinkled on glass. Colgate-Palmolive argued that the product really could shave sandpaper if left on long enough. Colgate-Palmolive sued arguing that the FTC had overstepped its authority.[1]

Opinion of the Court

The Supreme Court agreed with the FTC that the commercial was a material misrepresentation. The ruling forced advertisers to remain truthful in their product presentations. As a result, commercials often feature "dramatization" notifications.[2]

References

  1. ^ Richards, Jef I. (1990). Deceptive Advertising: Behavioral Study of a Legal Concept. L. Erlbaum Associates. ISBN 978-0-8058-0649-6.
  2. ^ "FTC v. Colgate-Palmolive Co., 380 U.S. 374 (1965)". Justia Law.

External links

  • Text of Federal Trade Commission v. Colgate-Palmolive Company, 380 U.S. 374 (1965) is available from: CourtListener  Google Scholar  Justia  Library of Congress  Oyez (oral argument audio) 
  • The Sandpaper Test, Museum of Hoaxes
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