Irvine, William M

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

IN THE 11ATTER OF WILLIAM M. IRVINE, TRADING AS CONSOLIDATED SILVER COMPANY OF AMERICA MODIFIED CEASE AND DESIST ORDER Docket 3789. Order, September 29, 1944 Modified order, in proceeding in question-in which original order issued on March 29, 1940, 30 F. T. C. 8u6-requiring respondent, his representatives, etc., in connection with offer, etc., in commerce, of silverware or of sales promotional plans, including sales cards, gift cards, premium certificates 'or coupons redeemable in silverware or other articles of merchandise, to cease· and desist from misrepresenting his connections and arrangements with others, goods as free, refunds, terms and conditions, and undertakings in general, as in said order specified. MODIFIED ORDER TO CEASE AND DESIST This proceeding having heretofore been heard by the. Federal Trade Commission upon the complaint of the Commission, the answer of respondent, testimony and other evidence taken before Webster Ballinger, an examiner of the Commission theretofore duly designated by it, in support of the allegations of said complaint and in opposition thereto, and brief on behalf of the Commission in support of the complaint (respondent not having filed brief and oral argument not having been requested), and the Commission having duly made and issued its findings as to the facts, conclusion and order to cease and desist dated March 29, 1940; and the Commission having further considered said order to cease and desist and having given due notice to the respondent to show cause why the proceeding should not be reopened for the purpose of modifying said order in the respects and to the extent set out in said notice, and the respondent having indicated in writing his intention not to oppose such modification; and the Commission having considered the matter and the record herein, and having concluded that the public interest requires the modification of said order in the respects and to the extent set out in said notice. It is ordered, That the respondent, William 1\1. Irvine, trading as Consolidated Silver Co. of America, 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 in commerce, as "commerce" is defined in the· Federal Trade Commission Act, of silverware or of sales promotional plans, including sales cards, gift cards, premium certificates or coupons redeemable in silverware or other articles of merchandise, do forth·with cease and desist from: 1. Representing that the respondent is a representative of, or has any connection with, the manufacturer of Wm. A. Rogers silverware; provided, however, that this order shall not be construed to prohibit the respondent from dealing in such silverware.

2. Representing that the respondent is conducting any special acmpaign or advertising campaign to introduce or advertise any article of mer- CONSOLIDATED SILVER CO. OF AMERICA 201 200 Order chandise on behalf of the manufacturer of Wm. A. Rogers silverware or on behalf of any other manufacturer or concern.

3. 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.

4. Representing that respondent will refund any sum of money to dealer purchasing said sales cards, gift cards, premium certificates or other and similar devices on the redemption of a specified number of cards or certificates unless said sales cards, gift cards, premium certificates or other and similar devices are redeemed without cost to the holder thereof and unconditionally, and said refund is made to said dealer upon the redemption of the specified number of sales cards, gift cards, premium certificates or other 'lnd similar devices.

5. Representing that respondent will give silverware or other merchandise free, when such silverware or other merchandise is not actually given free.

6. Representing that respondent will adverti~e his sales ·promotional plan locally for dealers purchasing such plan or t~at respondent will assist such dealers in putting such plan into operation, when in fact respondent does not conduct such advertising and render such assistance. 7. Representing that respondent will supply dealers purchasing respondent's sales promotional plan with display sets of silverware or other merchandise for use in putting such plan into operation, when respondent does not supply such display sets as represented. 8. Representing merchandise delivered iri redeeming certificates, cou- Pons 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. . It is further ordered, That the respondent shall, within 60 days after servlce 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. · 638680"'--47-16 Syllabus 39 F. T. C.