Borden Company sold evaporated milk under its own brand name at a substantially higher price than it sold chemically identical milk under private brand names. The Federal Trade Commission found price discrimination in violation of the Robinson-Patman Act and issued a cease and desist order prohibiting further price differentials between the two products. The Fifth Circuit Court of Appeals granted Borden's petition to set aside the order, and held: Premium brand products commanding consumer preference and chemically identical products sold under private brands are not of "like grade and quality" within the meaning of the Robinson-Patman Act. Borden Co. v. FTC, 339 F.2d 133 (5th Cir. 1964), cert. granted, 34 U.S.L. Weel 3117 (U.S. Oct. 12, 1965) (No. 1127, 1964 Term; renumbered No. 106, 1965 Term).
Consumer Preference for Brand Names under the Robinson-Patman Act,
40 Wash. L. Rev.
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