Charles of the Ritz Distributors Corp. v. Federal Trade Commission
United States Court of Appeals for the Second Circuit
143 F.2d 676 (1944)
Charles of the Ritz Distributors Corp. (defendant) marketed a cosmetic called Rejuvenescence Cream, advertised as giving skin “the petal-like quality and texture of youth” and as able to “restore natural moisture.” The FTC (plaintiff) charged that the advertising deceptively claimed the cream would rejuvenate and restore youth. At the hearing, doctors testified no substance could actually restore youth, and a dermatologist testified that “rejuvenescence” commonly signified a youth-restoring claim in dermatological usage. The FTC issued a cease-and-desist order, and Charles of the Ritz appealed.
Whether an advertisement that has the capacity to deceive consumers violates the Federal Trade Commission Act, even if some educated consumers would recognize the claim as merely fanciful.