Sauer, Aaron N

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

IN THE 11ATTER OF AARON N. SAUER, TRADING AS NATION~WIDE DISTRIBUTORS MODIFIED CEASE AND DESIST ORDER Docket 3407. Order, August 16, 1944 Modified order, in proceeding in question, in which original order issued on February 7, 1939, 28 F. T. C. 363, requiring respondent, his representatives, etc., in connection with offer, in commerce, of electric toasters, watches, pen and pencil sets, and various other articles, to cease and desist from using or supplying, etc., lottery devices or schemes for the merchandising of his said products, or misusing terms "free," or "without cost," etc., as in said order below set forth. 11odified ORDER To CEASE AND DEsrsT This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of respondent, in which answer respondent admits all the material allegations of fact set forth in said complaint and states that he waives all intervening procedure and further hearing as to said facts; and the Commission having duly made and issued its findings as to the facts, conclusion and order to cease and desist dated February 7, 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 respondent 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 Commissi..:>n 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 respondent, Aaron N. Sauer, individually, and trading as Nation-Wide Distributors, or trading under any other name, his representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of electric toasters, watches, pen and pencil sets, jewelry ensembles, leather wallets, silverware sets, chinaware, dresser sets, cameras, cos- ~etics, razor blades, cigarette lighters, or any other articles of merchandise In commerce as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Supplying to, or placing in the hands of others, pull cards or circulars having pull tabs thereon, or other lottery devices for the purpose of enabling such persons to dispose of or sell any merchandise by the use thereof.

2. Mailing, shipping or transporting to his agents or to distributors or to members of the public pull cards or circulars having pull tabs thereon, or other lottery devices so prepared or printed as to enable said persons to sell or distribute any merchandise by the use thereof. 63868~7-7 Order 39 F. T. C.

3. Selling or otherwise disposing of any merchandise by the use of pull cards or circulars having pull tabs thereon, or any other lottery device. 4. Using the terms "free" or "without cost" or any other terms of similar import or meaning to describe or refer to merchandise offered as compensation for distributing respondent's merchandise. 1 t is further ordered, That the respondent shall, within 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 this order.

LINWOOD SALES CO., INC, ET AL. 59 Order