Hugo Black

“ We do not understand or accept it as prescribing an inexorable rule that automatically bars reliance of the fact-finding tribunal upon informed medical judgment every time medical witnesses can be produced who blindly adhere to a curative technique thoroughly discredited by reliable scientific experiences. ”

“ It would amount to condemnation of new ideas without a trial to give the Postmaster General power to condemn new ideas as fraudulent solely because some cling to traditional opinions with unquestioning tenacity. ”

“ Respondent appears to argue that the McAnnulty case bars a finding of fraud whenever there is the least conflict of opinion as to curative effects of a remedy. The contention seems to be that even the testimony of the most experienced medical experts can never rise above a mere 'opinion' unless the expert has made actual tests of the drug to determine its effects in relation to the particular representations alleged to be false. ”

“ Respondent's advertisements made expansive claims for its plan. They represented that persons suffering from obesity could 'eat plenty' and yet reduce 3 to 5 pounds in a week surely and easily, 'without tortuous diet' and without feeling hungry. Unhappy people eager to reduce but also eager to eat plenty were repeatedly reassured with alluring but subtly qualified representations such as these: 'Remember with the Kelpidine Plan, you don't cut out ice cream, cake, candy, or any other things you like to eat. ”