United Cigar-Whelan Stores Corporation

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

IN THE l\LATTER OF UNITED CIGAR-\VHELAN STORES CORPORATION CONSENT ORDER, ETC., IN IillGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\I~nSSION ACT Docket 6808. Complaint, May 23, 195/-Decision, Sept. 28, 1957 Consent order requiring fi corporation in Brooklyn, N. , operating a large number of company-owned retail stores and selling also to individuals.r owned stores operating under franchise agreements, to cease representing falsely in advertising in new"spapers nnd on dispJa:v cards and circulars furnished its said dealers that its "Imported Precision-made Food Slicer was of a value greatly in excess of the advertised selling price and was unexcel1ed for safetyi.lh' . I-lw"py E. Jliddleton, Jr. for the Commission. 111'1'. Al,vah 11. Parent of Brooklyn, N. , and Aranow, Brodsky, Bohlinge?' , Einhorn Dann by 1111'. Herbert A. Einhorn of New York, N. , for respondent.

I~ITIAL DECISION BY ABNER E. LIPSCOl\IB, I-IEARING EXAl\IINER On ~lay 23, 1057, complaint herein was issued, charging Respondnt with the use of false., misleading and deceptive representations in connection 'with the distribution and sale in commerce of its "lmported Prec.ision-macle Food Slic.er " whi('.h representations c.onstitute unfair methods of competition and unfair and deceptive acts and practices in c.commerce, in violation of the Federal Trade Commission Act.

On August 14 , 10fi7, Respondent., its counsel, and c.ounsel supporting the complaint entered into an Agreement Containing Consent Order To Cease And Desist, which 'Was approved by the Director and the Assistant Direetor of the Commission s Bureau of Litigation and thereafter submitted t.o the I-learing Examiner for consideration. Hesponclent. is identified in the agreement as a Delaware c-or'poration with its otrice and principal place of business located at. 82 39th Street, Brooklyn, New York.

Respondent admits all the jurisdictional facts alleged in the complaint and agrees that the record may be taken as if findings of jlll'jsdictional facts had been duly made in accordance with such allegations.

Respondent, in the agreement, waives any further procedure before the Hearing Examiner and the Commission; the making of findings 410 FEDERAL 'I'TRADE COM.l\1:ISSION DECISIONS Order 54 F.

of fact or conclusions of law; and all the rights it may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement. All parties agree that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the order to cease and desist as contained in the agreement shall have the same force and effect as if entered after a full hearing, and may be altered, modified or set aside in the manner provided for other orcle-rs; that the complaint herein may be used in construing the terms of said order; and that the agreement is for settle.ment purposes only and does not constitute an admission by esponc1e.nt that it has violated the law as alleged in the complaint. After consideration of the allegations of the complaint and the provisions of the agreement and the proposed order, the Hearing Examine; is of the opinion that such order constitutes a satisfactory disposition of this proceeding. Accordingly, in consonance with the terms of the aforesaid agree.ment, the I-learing Examiner accepts the Agreement Containing Consent Order To Cease And Desist; finds that the Commission has jurisdiction over the Respondent and over its acts and practices as alleged in the complaint; and finds that this proceeding is in the public interest. Therefore It is orde?' That Respondent United Cigar-V\7Jlelan Stores Corporation and its officers, representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution in commerce, as "commerce is defined in the Federal Trade Commission Act, of food slicers, or other merchandise, do forthwith cease and desist from: 1. Representing, directly or by implication, that imported food slicers or other merehanc1ise have a specific value when such stated value (a) is in excess of the price at which said imported food slicers or other merchandise are regularly and usually sold in the normal course of business at retail by other persons or firms; or (b) is in excess of the prevailing market price at the time of such representation;

2. Representing, directly or by implication, that a certain amount is Respondent' s usual or regular retail price for its imported food slicers or any other merchandise when such amount is in excess of the price at which said merchandise is usually and regularly sold at retail by Respondent;

3. Representing, directly or by implication, that its said food slicer is safe, or n-usrepresenting in any manner, the safety with which any mechanical cutting device may be used. UNITED CIGAR-WHELAN STORES CORP. 411 409 Decision DECISION OF THE COl\OnSSION AND OP..DER TO FILE P..EPORT OF OOl\IPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the 28th day o.f September, 1957, become the decision of the Commission; and accordingly;

It is ordered That respondent United Cigar-vVhelan Stores Corporation, a corporation, shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which it has complied with the order to cease and desist.

528577-60- Decision 54 F. T. C.