National Publicity Bureau, Inc

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

IN THE ~ATTER OF NATIONAL PUBLICITY BUREAU, INC., ET AL.

MODIFIED ORDER TO CEASE AND DESIST Docket £908. Order, October 19, 1944 Modified order in proceeding in question-in which original order issued on March 1, 1939, 28 F. T. C. 857-requiring respondent, in connection with the offer, etc., in commerce, of silverware or sales promotional plans including premium certificates, gift cards or coupons redeemable in silverware or other articles of merchandise, to cease and desist from misrepresenting his connections and arrangements with others, business identity, goods as free, and terms and conditions, as in said order below specified.

~ODIFIED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission Upon the complaint of the Commission, the answer of the respondents, testimony and other evidence taken before John W. Addison, an examiner of the Commission duly designated by it, in support of the allegations of said complaint and in opposition thereto, brief filed herein by counsel for the Commission, and the Commission having duly made and issued its findings as to the facts, conclusion, and order to cease and desist dated March 1, 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 ~omm~ssion having considered the matter and the record herein, and hav- Ing issued its order modifying said order in certain respects, issues this its modified order to cease and desist.

It is ordered, That the respondent, Hugh J. Wanke, individually, and trading as National Publicity Bureau and Rogers Silverware Distributors, or under any other name or names, and 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 by the Federal Trade Commission Act, of silverware or sales promotional plans including premium certificates, gift cards or cou- Pons redeemable in silverware or other articles of merchandise, do forth- With cease and desist from:

1. Representing, by use of the words "Rogers Silverware" in a corporate or trade name, or by statements or representations in advertising or in · any other way, that the respondent has an interest in, forms a part of, or has any connection with the manufacturer of William A. Rogers Silver- Ware; provided, however, that this order shall not be construed to in any Way prohibit the respondent from dealing in William A. Rogers Silverware or other products.

Order 39 F. T. C.

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 the respondent 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 of 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. 4. Representing that the respondent is conducting any special campaign or advertising campaign to introduce or advertise any article or articles of merchandise on behalf of the manufacturer of William A. Rogers Silverware or any other manufacturer or concern unless such a campaign is in fact being conducted at the instance of and on behalf of such manu· facturer.

5. 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 c.ondition.

It 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.

ULRIC! MEDICINE CO., INC., ET AL. 349 Complaint