William J. Brennan, Jr.

“ These informed businessmen that they might advertise an article as 'free,' even though purchase of another article was required, so long as the terms of the offer were clearly stated, the price of the article required to be purchased was not increased, and its quality and quantity were not diminished. ”

“ If both claims were established, it is arguable that any deception was limited to a representation that Mary Carter has a usual and customary price for single cans of paint, when it has no such price. However, it is not for courts to say whether this violates the Act. ' (T) he Commission is often in a better position than are courts to determine when a practice is 'deceptive' within the meaning of the Act.' Federal Trade Comm'n v. ”

“ Respondent Mary Carter Paint Company [1] manufactures and sells paint and related products. The Federal Trade Commission ordered respondent to cease and desist from the use of certain representations found by the Commission to be deceptive and in violation of § 5 of the Federal Trade Commission Act, 38 Stat. ”