Saul Frisch trading as Sylvette Watch Co.

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

In rar Marrer or SAUL FRISCH TRADING AS SYLVETTE WATCH co. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 70383. Complaint, Jan. 14, 1958S—Decision, June 11 , 1958 Consent order requiring an importer in New York City to cease selling watches of simulated gold or gold alloy without disclosing clearly that the cases Were composed of base metal; and to cease representing falsely by the words “Sylvette of Switzerland” on the cardboard boxes packaging the watches that he maintained a place of business in Switzerland, and repre-. senting falsely on counter display cards widely distributed to jobbers and dealers that the watches were “guaranteed.” Mr. Harry E. Middleton, Jr., for the Commission. Linkin & Kase, by Mr. Aaron A. Linkin, of New York, N.Y., for respondent.

Iniriau Decision py J. Eari Cox, Heartne Examiner The complaint charges that respondent has violated the Federal Trade Commission Act by making false and misleading representations relative to imported watches sold and distributed by respondent in commerce, to various retailers and distributors. After the issuance of the complaint, respondent, his counsel, and counsel supporting the complaint entered into an agreement containing consent order to cease and desist, which was approved by the Director and an Assistant Director of the Commission’s Bureau of Litigation, and thereafter transmitted to the hearing examiner for consideration.

The agreement identifies respondent Saul Frisch as an individual trading as Sylvette Watch Co., with his office and principal place of business located at. 101 West. 31st Street, New York, N.Y. The agreement provides, among other things, that respondent admits all the jurisdictional facts alleged in the complaint, and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations; that the record on which the initial decision and the decision of the Commission shall be based shall consist. solely of the complaint and this agreement; that the agreement shal] not become a part of the official record unless Decision 54 F.T.C.

and until it becomes a part of the decision of the Commission; that the complaint may be used in construing the terms of the order agreed upon, which may be altered, modified or set aside in the manner provided for other orders; that the agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint; and that the order set forth in the agreement and hereinafter included in this decision shall have the same force and effect as if entered after a full hearing.

Respondent waives any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of law, and all of the rights he may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement.

The order agreed upon fully disposes of all the issues raised in the complaint, and adequately prohibits the acts and practices charged therein as being in violation of the Federal Trade Commission Act. Accordingly, the hearing examiner finds this proceeding to be in the public interest, and accepts the agreement containing consent order to cease and desist as part of the record upon which this decision is based. Therefore, It is ordered, That respondent Saul Frisch, an individual trading as Sylvette Watch Co., or under any other name, and his agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of merchandise in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Offering for sale or selling watches, the cases of which are composed of base metal, manufactured or otherwise processed to simulate or have the appearance of precious metal, without marking such cases so as to disclose clearly the true metal composition thereof; 9. Representing in any manner that respondent. maintains an office and place of business in Switzerland;

3. Representing that merchandise is guaranteed, unless the nature and extent of the guarantee and the manner in which the guarantor will perform thereunder are clearly and conspicuously disclosed. 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 11th day of June 1958, become the decision of the Commission; and, accordingly: SYLVETTE WATCH CO. 1797 1795 Decision It is ordered, That Saul Frisch, an individual trading as Sylvette Watch Co., shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist.

Decision 54 ET.C.