L. Silberman & Sons, Inc.

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

In tue Marrer or L. SILBERMAN & SONS, INC., ET AL.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6556. Complaint, May 21, 1956—Decision, Sept. 18, 1956 Consent order requiring Philadelphia wholesalers of shoe findings to cease stamping or labeling with the words “ASMC Horsehair” and “ASMC Pure Horsehair” shoebrushes which contained various quantities of palma, a vegetable fiber, or fibers other than horsehair. Mr. Charles S. Cox for the Commission.

Mr. Benjamin Silberman, of Philadelphia, Pa., in propria personal and for L. Silberman & Sons, Inc.

Init1at Decision py James A. Purcert, Heartne EXAMINER The complaint in this proceeding, issued May 21, 1956, charges the respondents L. Silberman & Sons, Inc., a corporation, and Benjamin Silberman, as an individual and as President of the corporate respondent, with violation of the Federal Trade Commission Act in connection with the interstate sale, shipment and distribution of shoebrushes, falsely representing such to be composed of “horsehair” and “pure horsehair”.

After issuance of said complaint the respondents entered into an agreement, with counsel in support of the complaint, for a consent order disposing of all of the issues in this proceeding, said agreement having been duly approved by the Director of the Bureau of Litigation.

By the terms of said agreement, the respondents admitted all the jurisdictional allegations of the complaint and agreed that the record herein may be taken as though the Commission had made findings of jurisdictional facts in accordance with such allegations. By said agreement the parties expressly waived a hearing before the hearing examiner or the Commission, the making of findings of fact or conclusions of law by the hearing examiner or the Commission, the filing of exceptions and oral argument before the Commission, and all further and other procedure before the hearing examiner and the Commission to which the respondents may be entitled under the Federal Trade Commission Act or the Rules of Practice of the Commission.

By said agreement, respondents further agreed that the order to Order 53 BIL.C.

cease and desist issued in accordance with said agreement shall have the same force and effect as if made after a full hearing, presentation of evidence and findings and conclusions thereon, and specifically waived any and all right, power or privilege to challenge or contest the validity of such order.

It was further provided that said agreement, together with the complaint, shall constitute the entire record herein; that the complaint herein may be used in construing the terms of the order issued pursuant to said agreement; and that the said order may be altered, modified or set aside in the manner provided for other orders of the Commission.

Said agreement recites that respondent L. Silberman & Sons, Inc., is a corporation existing under and by virtue of the laws of the State of Pennsylvania; that the individual respondent, Benjamin Silberman, is President and majority stockholder of the corporate respondent and as such dominates, directs and controls the policies, acts and practices of the corporation. The office and principal place of business of both respondents is located at No. 349 North Third Street, Philadelphia, Pennsylvania. The hearing examiner has considered such agreement and the order therein contained, and, it appearing that said agreement and order provides for an appropriate disposition of this proceeding, the same is hereby accepted and is ordered filed upon becoming part of the Commission’s decision in accordance with Sections 3.21 and 3.25 of the Rules of Practice, and consonant with the terms of said agreement, the hearing examiner finds that the Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents named herein; that this proceeding is in the interest of the public, and issues the following order: ORDER It is ordered, That respondent L. Silberman & Sons, Inc., a corporation, and its officers, and respondent Benjamin Silberman, individually and as an officer of said corporation, and said respondents’ representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of shoe brushes in commerce, as “commerce” js defined in the Federal Trade Commission Act, do forthwith cease and desist from:

(1) Branding or labeling said brushes with the legend, word, or words “Horsehair” or “Pure Horsehair” unless and until the same, exclusive of the handle, is composed entirely of horsehair. L. SILBERMAN & SONS. INC., ET AL. 255 253 Decision (2) Representing in any manner that said brushes are composed of “horsehair” or “pure horsehair” unless and until the same, exclusive of the handle, is actually composed entirely of horsehair. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 13th day of September, 1956, become the decision of the Commission; and, accordingly :

It is ordered, That respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist. Commissioner Gwynne not participating.

511071—60—-—18 Decision 53 B.T.C.