Roy M. Bloom, Inc.

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

Iy THe Matrer oF ROY M. BLOOM, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6723. Complaint, Feb. 11, 1957—Decision, June 21, 1957 Consent order requiring a seller in New York City to cease representing falsely in advertisements in newspapers, in circulars, etc., and by use of the words “Air Conditioner”, that its “Port-a-Temp” device—a rubber and plastic receptacle in which a fan drew air through a fiber glass filter over two small cans of refrigerant (required to be cooled periodically in the refrigerator) and expelled it through grilled openings in the front of the housing —performed all the functions of an air conditioner, and would purify and deodorize and significantly dehumidify and cool hot air in the home, office, automobile, etc.

Mr. Floyd O. Collins for the Commission.

Inrriat Decision sy Jonn B. Pornpexter, Hearrine Examiner Roy M. Bloom, Inc., and Roy M. Bloom, individually, hereinafter called respondents, are charged with making false, misleading and deceptive statements and representations through advertisements in newspapers and circulated pamphlets that a device “Port-A-Temp”, which they offered for sale, was an air conditioner, whereas, the complaint alleges, said device is not an air conditioner as such descriptive term is commonly understood by the trade and the public. After issuance and service of the complaint, the respondents and counsel supporting the complaint entered into an agreement for a consent order. The order disposes of all the matters complained about. The agreement has been approved by the Director and Assistant Director of the Bureau of Litigation. The pertinent provisions of said agreement are as follows: Respondents admit all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the agreement shall not become a part of the official record of the proceeding unless and until it becomes a part of the decision of the Commission; respondents waive the requirement that the decision must contain a statement of findings of fact and conclusion of law; respondents waive further procedural steps before the Hearing Examiner and the Commission; the order may be altered, modified or set aside in the manner provided by statute for other orders; respondents waive any right to challenge or contest the validity of the order 1178 FEDERAL TRADE COMMISSION ' DECISIONS Decision 53 F.T.C.

entered in accordance with the agreement; and the signing of said 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.

The Hearing Examiner having considered the agreement and proposed order, and being of the opinion that the acceptance thereof will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order: JURISDICTIONAL FINDINGS 1. The respondent Roy M. Bloom, Inc., is a corporation organized and doing business under the laws of the State of New York, with its office and principal place of business located at 274 Madison Avenue, New York, New York. The individual respondent Roy M. Bloom is the president of said corporation and his office and principal place of business is the same as that of the corporation. 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 respondent Roy M. Bloom, Inc., a corporation, and its officers and respondent Roy M. Bloom, individually and as an officer of said corporation, and respondents’ agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of their device or apparatus designated “Port-A-Temp”, or any other device or appartus of substantially similar construction and designed to operate on the same or similar principle, whether sold under ithe same name or any other name, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Using the words “Air Conditioner”, or any other word or words of similar import or meaning, either alone or in combination with any other word or words, to designate, describe or refer to said device or apparatus.

2. Representing, directly or by implication, that said device will purify, dehumidify, deodorize or cool air: 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 21st day ROY M. BLOOM, INC., ET AL. 1179 1177 Order of June, 1957, become the decision of the Commission; and, accordingly: re , It is 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. 1180 FEDERAL TRADE. COMMISSION DECISIONS Complaint 53 F.T.C.