United States Safety Service Company

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IN THE MATTER OF UNITED STATES SAFETY SERVICE COMPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7148. Complaint, May 1958-Decision, Sept. 24, 1958 Consent order requiring sellers in Kansas City, Mo., to cease representing falsely-by imprinting upon the templers of its safety spectacles or safety glasses in a conspicuous manner, and by prominent display in advertising of a green cross, registered trade-mark of the National Safety Council-that its said safety glasses were indorsed or approved by said Council.

Mr. lY/orton N esn~ith supporting the complaint. Mr. C. Earl Hovey, of Kansas City, Mo., for respondent. INITIAL DECISION BY JOHN B. POINDEXTER HEARING EXAMINER On May 13, 1958, the Federal Trade Commission issued a complaint charging United States Safety Service Company, a corporation, hereinafter referred to as respondent, with deceptive and misleading representations of their products, safety spectacles or safety glasses.

After issuance and service of the complaint, the respondent and counsel supporting the complaint entered into an agreement for a consent order. The order disposes of the matters complained about. The agreement has been approved by the director and assistant director of the Bureau of Litigation. The pertinent provisions of said agreement are as follows: Respondent admits all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said agreement shall not become a part of the official record of the proceeding unless and until it becomes a part of the decision of the Commission; the record herein shall consist solely of the complaint and the agreement; respondent waives the requirement that the decision must contain a statement of findings fact and conclusions of law; respondent waives further procedural steps before the hearing examiner and the Commission, and the order may be altered, modified, or set aside in the manner provided by statu~e for other orders; respondent waives any right to challenge or contest the validity of the order entered in accord- Decision 55 F.

ance with the agreement and the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that it has violated the law as alleged in the complaint.

The undersigned hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order:

JURISDICTIONAL FINDINGS 1. Respondent United States Safety Service Company is corporation existing and doing business under and by virtue the laws of the State of l\1missouri with its office and principal place of business located at 1535 Walnut Street, Kansas City, Mo. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent and the proceeding is in the public interest.

ORDER It is o1'de1' That the respondent, United States Safety Service Company, a corporation, and its officers, representatives, agents and employees, directly or through any corporate or other device in connection with the offering for sale, sale and distribution of safety spectacles or gl&.,sses, or any other product used for safety purposes, in commerce, as commerce is defined in the Federal Trade Commission Act, do, forthyvith, cease and desist from using the Greek green cross, or any mark, emblem, sign or insignia green in color and simulating or resembling such Greek green cross, on any such product, or in any other manner, to designate describe or refer to any such product.

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 24th day of Septernber 1958, become the decision of the Commission; and, accordingly:

It is ordel'ecl That the respondent herein 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.

SIBLEY, LINDSAY & CURR CO. 455 Decision