C. G. Optical Company

Volume 52 · 52 F.T.C. 887

Citation: 52 F.T.C. 887
Docket: 6260
Complaint: 1954-11-05
Decision: 1956-03-01
Document type: modifying order
Case type: consumer protection
Industry: optical goods
Outcome: other
Relief: other
Commission counsel: Frank M eM a'n~tS
Respondent counsel: Chicago, Ill
Source: Original volume PDF
Original PDF: This decision as a PDF

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C. G. Optical Company, 52 F.T.C. 887 (1956). Consumer Law Library, https://consumerlawlibrary.org/decisions/v052-0116

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Order status: set_aside Commission order action. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

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

IN THE MATTER OF C. G. OPTICAL COMPANY ET AL.

Docket 6260. Complaint, Nov. 5, 1954-Decision, Mar. , 1956 Order reopening proceeding, vacating decision, and remanding case to hearing examiner.

Before jJl7'. Earl J. Kolb hearing examiner. Mr. Frank M eM a'n~tS for the Commission. Frank E. A'i,thur Gettle1nan and jJl1'. Benja'inin D. Ritholz Chicago, Ill. , for respondents.

This matter having been heard upon the respondents' motion for an order directing the receipt and filing of their report purporting to show compliance with the order to cease and desist entered herein pursuant to an agreement for consent order executed by the parties on March 24, 1955; 1 or, in the alternative for an order vacating the decision accepting said agreement and granting a new trial; and The respondents having alleged a misunderstanding on their part as to the scope of the order agreed to, it being their understanding that the requirements of said order related only to statements made on inserts packaged with their eye testing device and not to their advertising generally; and It appearing to the Commission that while the order on its face admits of no ambiguity, clearly applying to all forms of advertising disseminated by the United States mail or by any means in commerce, the discussion on the record does indicate a possible basis for the respondents' misunderstanding; and The Commission being of the opinion that in the circumstances the public interest will best be served by vacating the decision and directing that the case be tried:

I t is ordered That the respondents' request for an order directing the receipt and filing of their report of compliance be, and hereby is, denied.

I t is further orde7'ed That this proceeding be reopened and that the initial decision of the hearing examiner, filed April 12, 1955 and the Decision of the Commission and Order to File Report of Compliance, issued ~fay 22 , 19;35, be, and they hereby are, vacated and set aside.

It is further ordered That the case be, and it hereby is, remanded to the hearing examiner for further proceedings in regular course. Commissioner I(ern not participating.

151 F. C. 1209.

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