Federal Trade Commission v. Mary Carter Paint Co.
Supreme Court
382 U.S. 46 (1965)
Mary Carter Paint Company (defendant) advertised its paint using slogans like "buy one get one free" and "every second can free," but never sold single cans at any price, and the price it charged for the supposed "two for one" deal was significantly higher than the customary retail price of a single can. The FTC (plaintiff) found this deceptive, reasoning that Mary Carter was really just charging the ordinary combined price of two cans while calling one of them "free"; the court of appeals set aside the FTC's cease-and-desist order, and the FTC sought certiorari.
Whether advertising a product as "buy one, get one free" while actually charging the customary retail price for both items is deceptive under section 5 of the FTC Act.