Premio Sales Co., Inc

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

IN THE ~ATTER OF PREMIO SALES CO~PANY, INC. AND ROSE SOMMERS MODIFIED CEASE AND DESIST ORDER Docket 3489. Order, August 18, 19# Modified order, in proceeding in question, in which original order issued on February 7, 1939, 28 F. T. C. 386, requiring respondents, their representatives, etc., in connection with offer, etc., in commerce, of clocks, watches, cameras, and various other articles of merchandise, as below set out, to cease and desist from supplying, etc., others with lottery devices or schemes for the sale of respondents' merchandise, or using the term "free" to describe articles offered as compensation for distribution 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, in Which answer respondents admit all the material allegations of fact set forth in said complaint and state that they waive all intervening procedure and further hearing as to said facts; and the Commission having duly tnade 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 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 respondent, Premio Sales Co., Inc., a corporation, Its officers and Rose Sommers, individually, and as an officer of Premio Sales Co., Inc., and their respective representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of, clocks, watches, cameras, bedding, clothing, cigarette lighters and cases, silverware, china ware, jewelry, dolls, kitchenware, pocketknives, pen and pencil sets, cosmetics, razor blades, 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 any other lottery device for the purpose of enabling such persons to dispose of or sell any merchandise by the use thereof.

2. Mailing, shipping, or transporting, to their agents, or to distributors, or to members of the public, pull cards or circulars having pull tabs thereon Order 39 F. T. C.

or any other lottery device so prepared or .printed as to enable said persons to sell or distribute any merchandise by the use thereof. 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 term "free," or any other term of similar import or meaning, to describe or refer to articles offered as compensation for distributing respondents' merchandise.

It is further ordered, That the said respondents shall within 60 days from the date of the service of this order upon them, file with the Commission a report in writing, setting forth in detail the manner and form in which they have complied therewith.

K & S SALES CO. ET AL. 65 Order