his chief advising a certain course of action. That recommendation may be overruled by the chief. Such memoranda are not subject to disclosure. If they were, members of the staff of Government departments would hesitate to communicate with each other. The demand in this action is broad enough to comprise many items of this type.
For all of these reasons it is clear that the demand made in this case is far too broad, and far too general, and calls for documents to be furnished and things to be done not contemplated within the statute. The Federal Trade Commission should not be put to the burden of selecting those matters which are properly subject to disclosure out of the vast morass of material that obviously is not subject to the provisions of the Act.
Accordingly, the Court is of the opinion that the plaintiff is not entitled to relief on this aspect of its complaint.
The second aspect consists of a request for an injunction against the rule-making proceeding which is now pending. It is claimed in behalf of the plaintiff that the type of rule that is contemplated and that was tentatively promulgated by the Commission for comment by interested parties, is not within the power of the Commission to enact. The Federal Trade Commission, like other Government agencies, has rule-making power. The U.S. Code, Title 15, Section 46(g), expressly authorizes the Commission to make rules and regulations for the purpose of carrying out the provisions of the Act.
However, it is argued that the Commission is not clothed with power to conduct rule-making proceedings but may conduct only adjudicatory proceedings, 15 U.S.C. § 45(b), and that, therefore, the proceeding that has been instituted for the purpose of promulgating a general rule regulating certain aspects of commerce in medicines is not within the power of the Commission. On this aspect of the case the Court is of the opinion that the action is premature. It is a well established rule of law that the courts will not interfere with administrative proceedings while they are pending. As a matter of fact, no one can tell today what type of rule, if any, will eventually be adopted by the Commission. When one is adopted, if it is adopted at all, will be the proper time to seek court review.
Finally, it is sought to enjoin the Commission from issuing what are popularly known as press releases that may be injurious to plaintiff and other manufacturers of drugs. A so-called press release is nothing but a statement. The courts may no more enjoin Government departments from issuing statements to the public than they may enjoin a public official from making a speech. As a matter of good morals, a Government agency ought not to prejudice any person by issuing statements concerning matters that are pending before it. This is, however, a question of morals or manners, rather than of legal rights or duties.
Then, finally, the plaintiff asks authority to take the depositions of various persons in connection with the rule-making proceeding before the Commission. This Court knows of no authority, either under the Federal Rules of Civil Procedure, or under any statute, permitting such a procedure.
For all of these reasons the motion to dismiss the complaint is granted.
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