Bullock, Edward W

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

IN THE 11ATTER OF EDWARD W. BULLOCK, INDIVIDUALLY AND TRADING A~ BONDED JEWELERS OF AMERICA, AND GLADYS JOHN- STON MODIFIED ORDER TO CEASE AND DESIST Docket 3459; Order, April 3, 1945 Modified order in proceeding in question-in which original order issued on December 21, 1938, 27 F. T. C. 1429- requiring respondents, their representatives, etc., in connection with the offer, etc., of rings, watches, and other jewelry products in commerce, to cease and desist from representing their business as bonded through their trade name or otherwise, from representing themselves as manufacturers, their rings as finished with white gold, etc., their products as "free," etc., and from using term "free," etc., as in said order specified. Modified 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 the respondents, in which answer respondents admitted all material allegations of fact set forth in said complaint and stated that they waived all intervening pro~ eedure 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 December 21, 1938; and the Commission having further considered said order to cease and desist heretofore issued and having served upon respondents on February 13, 1945, due notice to ap~ pear and show cause at a time and place fixed why this case should not be reopened for the purpose of modifying said order to cease and desist in the manner and to the extent set out in said notice, to which respondents failed to make return; and having considered the matter and the record herein and concluded that the public interest requires such action, the Commission issues this its modified order to cease and desist. It is ordered, That respondents, Edward W. Bullock and Gladys John~ ston, their representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of rings, watches, and other jewelry products in interstate commerce or in the District of Columbia, do forthwith cease and desist from:

1. Representing, through the use of the trade name "Bonded Jewelers of America," or any other words of similar import or meaning, or in any other manner, that the business operated by respondents is bonded, when such is not the fact.

2. Representing that the respondents, or either of them, are the manu~ facturers of the prcducts sold by them, unless and until they actually own and operate, or directly and absolutely control, the manufacturing plant wherein such products are manufactured by them. 3. Representing, designating, or describing rings as" finished with white gold," or "white gold finish," or any word or words of similar import and meaning, unless such rings are actually finished in white gold. BONDED JEWELERS OF AMERICA 321 320 Order 4. Representing, designating or describing, articles or merchandise regularly included in a combination offer with other articles of merchandise as "free," "included free," or "included free of extra charge." 5. Representing, designating, or describing watches or other articles, delivered only upon the condition that some other article be purcha.;;ed and Paid for, as "free," "included free," or "included free of extra charge," or in any other manner indicating that the watch or other article is a gift or gratuity.

. 6. Using the term" free" or any other term of similar import and meanlug to designate, describe, or refer to any merchandise which is not a gift or gratuity and delivered to the recipient thereof without cost and unconditionally. · It is further ordered, That the respondents shall, within 60 days after ~ervice upon them of this order, file with the Commissioo a report in writlug setting forth in detail the manner and form in which they have com- Plied with this order.

Order 40 F. T. C.