Goldberg Jacob

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

IN THE MATTER OF JACOB GOLDBERG, TRADING AS CROWN NOVELTY HOUSE MODIFIED pRDER TO CEASE AND DESIST Docket 9484. Order, AprilS, 1945 Modified order in proceeding in question-in which original order issued on February 8, 1939, 28 F. T. C. 475-requiring respondent, his representatives, etc., in connection with offer, etc., in commerce, of watches, cameras, and other articles, as below specified, to cease and desist from using lottery schemes in merchandising thereof, or using term "free," etc. to refer to articles offered as compensation for distributing its merchandise, 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 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 i:lesist dated February 8, 1939; and the Commission having further censidered 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 March 13, 1945, 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, issues this its modified order to cease and desist. It is ordered, That the responqent, Jacob Goldberg, individually, and trading as Crown Novelty House, 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 watches, cameras, china and silverware, lamps, razor blades, clocks, cigaret lighters, jewelry, cosmetics, bedding, kitchenware, 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 such 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 respondent's merchandise.

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. · LEKAS AND DRIVAS, INC. 323 Order