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The District of Columbia and the Ninth Circuit Courts of Appeals have recently held in Holloway v. Bristol-Myers Corp.' and Carlson v. Coca-Cola Co.2 that private parties, be they individuals or consumer interest groups, cannot maintain actions to vindicate rights asserted under the Federal Trade Commission Act (FTCA). 3 In Holloway, two individuals and two consumer groups brought a class action in federal' district court4 against Bristol-Myers, the manufacturer of Excedrin, a non-prescription analgesic compound. The plaintiffs' claim was based primarily5 on FTCA provisions which prohibit unfair or deceptive trade practices" and false advertising which induces or is likely to induce the purchase of drugs.7 Specifically, the plaintiffs alleged that Bristol-Myers had made false statements in claiming that Excedrin is more than twice as effective an analgesic as aspirin and that this claim had been substantiated by a study of pain among patients in a hospital. The district court dismissed the action, holding that the FTCA does not create a right of action for private parties.8 In affirming the lower

Judicial Refusal to Imply a Private Right of Action under the FTCA