Steffy, William C

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

IN THE ~ATTER OF WILLIA~ C. STEFFY, LORINA STEFFY AND G. V. PARKINSON MODIFIED CEASE AND DESIST ORDER Docket 9238. Order, August 16, 1944 Modified order in proceeding in question, in which original order issued on August 2, 1939, 29 F. T. C. 465, requiring respondents, their representatives, etc., in connection with the offer, etc., in commerce, of earthenware, chinaware, radios or sales promotional plans, including premium certificates, coupons, or other similar devices redeemable in silverware, earthenware, chinaware, or other merchandise, to cease and desist misrepresenting connections and arrangements with others through use of term "Rogers Silverware," etc., misrepresenting articles as free, misrepresenting that they are conducting an advertising campaign for others, misrepresenting their terms and undertakings and the prices of their products, and supplying, using, etc., lottery devices or schemes for the sale thereof, as in said order specified.

~ODIFIED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of respondents, William C. Steffy and G. V. Parkinson, in which said respondents admit all of the material allegations of fact set forth in said complaint and state that they waive all intervening procedure and further hearings as to said facts, and upon the testimony taken before Roberts. Hall, an examiner of the Commission theretofore duly designated by it, relative to the acts and practices of respondent Lorina Steffy, and the Commission having duly made and issued its findings as to the facts, conclusion and order to cease and desist dated August 2, 1939; and the Commission having further considered said order to cease and desist heretofore issued, and being of the opinion that the public interest requires that a modified order to cease and desist should be issued in said cause; and the Commission having given due notice to the respondents to show cause on July 24, 1944, why this case should not be reopened for the purpose of modifying said order to cease and desist; and the Commission having considered the matter and the record herein, and having issued its order modifying said order in certain respects, issues this its modified order to cease and desist. It is ordered, That the respondents, William C. Steffy and G. V. Parkinson, individually, and trading as Atlas Globe China Co., Advertising Department, Rogers Silverware Distributors, Dordeau China Co., or China Sales Syndicate, or trading under any other name or names, or trading through the corporations Security Silverware Distributors, Inc., United "States Sales Corporation, or through any other corporation or corporations, their representatives, agents and employees, directly or through any other corporate or other device, in connection with the offering for sale, WILLIAM C. STEFFY, ET AL. 55 54 Order sale and distribution of silverware, earthenware, china ware, radios or sales promotional plans, including premium certificates, coupons, cards, or other and similar devices redeemable in silverware, earthenware, chinaware or any other merchandise, in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Representing through the use of the term" Rogers Silverware" either alone or in connection with any other term or terms in a corporate or trade name, or in any other manner, that respondents have an interest in, form a part of, or have any connection with, the manufacturers of Simon L. and George H. Rogers Silverware, or from representing in any manner that respondents have an interest in, form a part of, or have any connection with the International Silverware Company, the Atlas Globe China Company, or any other manufacturer or manufacturers of silverware, chinaware or earthenware.

2. Representing merchandise delivered in redeeming certificates, coupons, or trading cards as" free" or as a gift or gratuity or as delivered without cost to the holders of said certificates, coupons or trading cards when said merchandise is not in fact delivered to the holders of said certificates, coupons or trading cards without cost and unconditionally. 3. Representing that respondents are conducting any special campaign or advertising campaign to introduce, advertise or sell any article or articles of merchandise on behalf of a manufacturer or manufacturers of silverware, earthenware or chinaware, or any other manufacturer or concern unless such a campaign is in fact being conducted at the instance of and on behalf of such manufacturer or concern. 4. Representing that respondents sell premium certificates, cards, coupons or other and similar devices or other merchandise in any territory or locality exclusively to any purchaser therein unless and until such is the fact.

5. Representing that the respondents will give a set of silverware or other merchandise free, or will refund the sum of $4.50, or any other sum, to the purchaser of said premium certificates, gift cards, coupons or other and similar devices on the redemption of a specified number or cards, certificates or coupons unless such merchandise is delivered to said purchaser, without cost and unconditionally and said premium certificates, gift cards, coupons or other and similar devices are redeemed without cost to the holders thereof and unconditionally, and said refund is made to said purchaser upon the redemption of the specified number of premium certificates, gift cards, coupons or other and similar devices. 6. Representing that the retail price of radios is $24.90 or $39.99 or any other amount or amounts unless and until said radios are customarily and ordinarily sold at retail at such amount or amounts. 7. Supplying to, or placing in the hands of, others said radios or other merchandise together with a padlock and a number of keys which said padlock and keys are to be used or may be used to conduct a lottery, gaming device or gift enterprise in the sale or distribution of said radios or other merchandise to the general public.

8. Selling or otherwise disposing of any merchandise by means of a lottery, game of chance, or a gift enterprise. 9. Supplying to, or placing in the hands of, others any lottery device, game of chance or a gift enterprise so as to enable such persons to dispose of or sell any merchandise by the use thereof. Order 39 F. T. C.

10. Representing that certificates, coupons or trading cards will be redeemed with certain articles of merchandise, unless the merchandise described is delivered to the holders of such certificates, coupons or trading cards without cost or condition.

It is further ordered, That this proceeding in so far as it relates to respondent, Lorina Steffy, be and the same hereby is, closed without prejudice.

It is further ordered, That the respondents, William C. Steffy and G. V. Parkinson shall, within 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 this order. NATION-WIDE DISTRIBUTORS 57 Order