Michael Campaiola

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

In THE MATTER OF MICHAEL CAMPAIOLA ET AL. DOING BUSINESS AS. L. B. C. WATCH CASE CO.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6620. Complaint, Aug. 28, 1956—Decision, Dec. 20, 1956 Consent order requiring manufacturers in New York City to cease misbranding: watch cases of 1314 karat fineness by marking them on the back with thephrase “14 K.”

Mr. Donald K. King and Mr. 8. F. House for the Commission. Mr. Herbert S. Greenberg, of New York City, for respondents. Inrtrst Decision By Franx Hier, Hearine Examiner Pursuant to the provisions of the Federal Trade Commission: Act, the Federal Trade Commission on August 28, 1956, issued and’ subsequently served its complaint in this proceeding against respondents Michael Campaiola and Morris Lamm, individually and as copartners, trading and doing business as L. B. C. Watch Case- Co., with their office and principal place of business located at 88 West Broadway, New York, New York.

On October 25, 1956, there was submitted to the undersigned. hearing examiner an agreement between respondents and counsel supporting the complaint providing for the entry of a consent order.. By the terms of said agreement, respondents admit all the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdictional facts had been duly made. in accordance with such allegations. By such agreement, respondents: waive any further procedural steps before the hearing examiner and the Commission; waive the making of findings of fact and conclusions of law; and waive all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement. Such agreement further provides. that it disposes of all of this proceeding as to all parties; that the. record on which this initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this. agreement; that the latter shall not become a part of the official record unless and until it becomes a part of the decision of the: Commission; that the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint; and that the following order to cease and desist may be entered in this proceeding by the: L. B. C. WATCH CASE CO. 579 ‘578 Decision Commission without further notice to respondents, and, when so entered, it shall have the same force and effect as if entered after a full hearing, and may be altered, modified, or set aside in the manner provided for other orders; and that the complaint may be used in construing the terms of the order. The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued.

1. Respondents Michael Campaiola and Morris Lamm are individuals and copartners trading and doing business as L. B. C. Watch Case Co., with their office and principal place of business located at 88 West Broadway, New York, New York. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered, That respondents Michael Campaiola and Morris Lamm, individually and as copartners, trading and doing business as L. B. C. Watch Case Co., or under any other name, and their agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of any articles composed in whole or in part of gold or an alloy of gold in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from: Stamping, branding, engraving, or marking any article with any phrase or mark such as 14 K, or otherwise representing, directly or by implication, that the whole or a part of any article is composed of gold or an alloy of gold of a designated fineness, unless the article or part thereof so marked or represented is composed of gold of the designated fineness within the permissible tolerances established by the National Stamping Act (15 U.S. Code, Sections 294, et seq.). 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 20th day of December, 1956, become the decision of the Commission; and, accordingly :

It ts ordered, That the 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. Decision 53 I.T.C.