Silvercraft Co., Inc.

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

In tue Marrer or SILVERCRAFT Co., INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6887. Complaint, Sept. 11, 1957—Decision, Jan. 22, 1958 Consent order requiring a-seller of cultery in Boston, Mass., to cease selling with the words “Made in England” etched on the blades and “FINE SHEFFIELD CUTLERY, Sheffield, England” printed on the display cartons, cutlery made with bandles imported from Japan on which the word “Japan” was concealed in assembling them with steel blades and tines imported from England; and to cease selling other cutlery assembled from domestic blades and tines imported from Japan without disclosing the foreign source of the handles.

Mr. Edward F. Downs and Mr. Thomas A. Sterner for the Commission.

Mr. Simon Queen, of Boston, Mass., for respondents. - Inrmazt Decision py Witttam L. Pack, Hearing Examiner The complaint in this matter charges the respondents with misrepresenting certain cutlery products sold by them, in violation of the Federal Trade Commission Act. An agreement. has now been entered into by respondents and counsel supporting the complaint which provides, among other things, that. respondents admit all of the jurisdictional allegations in the complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and agreement; that the inclusion of findings of fact and conclusions of law in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect as if entered after a full » hearing, respondents specifically waiving any and all rights to challenge or contest the validity of such order; that the order may be altered, modified, or set aside in the manner provided for other orders of the Commission; that the complaint may be used in construing the terms of the order; and that the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint. The hearing examiner having considered the agreement and pro- SILVERCRAFT CO., INC., ET AL. 973 967 Order posed order and being of the opinion that they provide an adequate basis for an appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued :

1. Respondent Silvercraft Co., Inc., is a corporation existing and doing business under and by virtue of the laws of the Commonwealth of Massachusetts, with its office and principal place of business located at 20-24 Yeoman Street, Boston, Mass. Respondents Oscar Miller and Maurice Miller are officers of the corporate respondent and they dominate, direct, and control the policies, acts, and practices of the said corporate respondent.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered, That the respondent Silvercraft Co., Inc., a. corporation, and its officers, and Oscar Miller and Maurice Miller, individually and as officers of said corporation, and respondents’ agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of cutlery or other products in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from :

1. Offering for sale or selling cutlery containing handles made in Japan or any other foreign country other than England, combined with other parts made in England which bear the legend “Made in England” or any other legend indicative of English origin without clearly disclosing the country of origin of the handles; 2. Offering for sale or selling cutlery containing handles made in Japan, or any other foreign country, combined with other parts made in the United States without clearly disclosing the foreign origin of the handles:

3. Offering for sale or selling any product, any substantial part of which was made in Japan, or any other foreign country, without clearly disclosing the foreign origin of such part: 4. Representing, directly or indirectly, by words or symbols on the containers in which cutlery or other products, made in substantial part in Japan, or any other foreign country other than England, are shipped or displayed, or representing in anv other manner, that such products are of English origin. Decision 54 EF.T.C.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to section 3.21 of the Commission’s rules of practice, the initial decision of the hearing examiner shall, on the 22d day of January 1958, become the decision of the Commission; and, accordingly :

It is ordered, That respondents herein shall, within sixty (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 the order to cease and desist. LESTER CONKLIN FURS 975, Decision