Bradley Boston, Inc

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF BRADLEY BOSTON, INC. ET AL.

MODIFIED CEASE AND DESIST ORDER Docket 9461. Order, September 12, 1944 Modified order, in proceeding in question, in which original order issued on December 22, 1936, 27 F.T.C. 1437, requiring respondents, and their officers, etc., in connection with the offer, etc., in commerce, of watches, rings, and other jewelry, to cease and desist from misrepresenting as "railroad" or "engineer," watches not properly equipped for such use as in said order specified, and from falsely representing, designating or describing watches and other articles as "free" "included free," etc., and from using the term "free," etc. as in the order specified. Modified Onder To CEASE AND Desist This proceeding having been heard by the Federal Trade Commission on the complaint of the Commission and a stipulation as to the facts entered into between the respondents herein and W. T. Kelley, Chief Counsel for the Commission, which provides, among other things, that without further evidence or other intervening procedure, the Commission may issue and serve upon the respondents herein findings as to the facts and conclusion based thereon and an order disposing of the proceeding; and the Commission having duly made and issued its findings as to the facts, conclusion and order to cease and desist dated December 22, 1938, and the Commission having further considered said order to cease and desist heretofore issued, and being of the opinion that the public interest requires that a modified order to cease and desist should be issued in said cause; and the Commission having given due notice to the respondents to show cause on July 24, 1944, why this case should not be reopened for the purpose of modifying said order to cease and desist; and the Commission having considered the matter and the record herein, and having issued its order modifying said order in certain respects, issues this its modified order to cease and desist.

It is ordered, That the respondents, Bradley Boston, Inc., a corporation, also trading as Gold Standard Watch Co., and National Watch Co., a corporation, also trading as Gold Standard Watch Co., their officers, agents, representatives and employees, and Peter Turchon, his representatives, agents and employees, directly o'r through any corporate or other device, in connection with the offering for sale, sale and distribution of watches, rings and other jewelry in interstate commerce or in the District of Columbia, do forthwith cease and desist from: 1. Representing, designating or describing watches which are not "lever set," equipped with "micrometers," and do not contain 19 or more jewels properly placed so as to insure accuracy and to eliminate friction, as "railroad" or "engineer" watches.

2. Representing, designating or describing watches and other articles regularly included in a combination offer \\ith a ring or other article a.s 11 free," 11 included free," or 11 included free of extra charge." BRADLEY BOSTON, INC. ET AL. 165 164 Order 3. Representing, designating or describing watches or other articles delivered only upon the condition that some other articles be purchased and paid for as "free," "included free" or "included free of extra charge" or in any other manner indicating that the watch or other article is a gift or gratuity.

4. Using the term" free" or any other term of similar import and meaning to describe, designate or refer to any merchandise which is not a gift or gratuity and delivered to the recipient thereof without cost and unconditionally.

It is further ordered, That the respondents shall, within 60 days after service upon them of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which they have complied with this order.

Complaint 39 F. T. C.