J. David Paisley Co.

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

IN TI-IE 1\1A TTER J. DAVID PAISLEY CO.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TR-\DE CO:\DIISSION ACT Docket 6,' 69. Complaint, Apr. 19S,' Decisi01/ , July, 1957 Oons€nt orderrequiring :m individual seller in St. Louis, 1\10. of his " onder. Vue" sheet of trnm:parent plastic spraye(1 with colored paint and designed to be fastened oyer the Yic,,- ing screen of a television set, to cease representing falsely in circulars :md atlYertisinp: material supplied to dealer customers that attachment of the product "\Vonder-Vlle" to a black-andwhite television set woulrl produce the same visual etrect as a color television, ami that its use ,,'ould prevent and eliminate eyestrain caused by viewing television, and eliminate snow, blulTing, and haziness from televisi,on screens.

illi'. Bpoclc?rwn 1-10'ille for the Commission. AI r. J. Da' cid Paisley, of St. Louis, 1\10. pl' Be. INITIAL DECISION BY LOREN 1-1. L.\ liGHLIN , I-II~ARING EXA:\IINER The Federal Trade Commission (sometimes hereinafter referred to as the Commission), on April 8 , 1957, issued its complaint herein under the Federal Trade' Commission Act against the above-named respondent, J. David Paisley, an individual trading as J. David Paisley Co., charging said respondent with having violated the provisions of the Federal Trade Commission Act in certain particulars. The respondent ,vas duly selTed with process. On l\lay 24, 1957, there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an Agreement Containing Consent Order to Cease and Desist " which had been entered into by and between said respondent and Brockman I-Iorne, counsel supporting the complaint, under date of ~lay 21, 1957 and subject to the approval of the Bureau of Litigation of the Commission. Such agreement had been thereafter duly approved by the Director and Assistant Director of the Commission s Bureau of Litigation.

In view of the subsequent approval herein of said agreement, the initial hearing set for June 13 , 1957 , at ten o clock in St. Louis 1\fissouri, as fixed in the notice portion of the complaint, is hereby c.aneele.d.

On (lue consideration of the said "Agreement Containing Consent Order to Cease and Desist " the hearing examiner finds that said agreement, both in form and in c.content, is in accord with Section 3.23 of the. Commission s Rules of Practice. for Adjudicatiye Decision 54 F.

Proceedings and that by said agreement the parties have specifically agreed that:

1. Respondent is an individual trading ns J. David Paisley Co. lIis office and principal place of business is at 3423 Olive Street St. Louis 3, :l\fissouri.

2. Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on April 8 , 1957, issued its complaint in this proceeding against respondent, and a true copy was thereafter duly selTed on respondent.

3. Respondent admits an the. jurisdictional facts alleged in the complaint and agrees that the record may be taken as if findings of jurisdic.tional facts had been duly made in accordance with such allegations.

4. This agreemnt disposes of a1l the proceeding as to the only respondent.

5. Respondent waives:

a. Any further procedural steps before the hearing examiner and the Commission;

b. The making of findings of fact or conclusions of law; and c. All of the rights he may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement.

G. The rec.ord on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement.

7. This agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. S. This agreement is for settlement. purposes only and does not constitute an admission by respondent that he has violated the law as aJ)eged in the complaint.

In the said agreement, the parties have. further specifically agreed that the proposed order to c.ense and desist inelucled therein may be entered in this proceeding by the Commission without further notice to the respondent; that ,,-hen so entered it shall hate the same force as if entered after a full hearing; that it may be altered, modified or set aside in the manner prol-ided )'01' other orders; and that the complaint may be used in construing the terms of the order. Upon due eonsidernhon of the complaint filed herein, and the said ;'Agreement Containing Consent Order to Ce~\se and Desist the latter is hereby approyec1 , accepted and ordered filed, the same not to become n part of the record herein, unless anc1llntil it becomes part of the. decision of the Commission. The. hearing examiner finds Jrom the complaint and the said "Agl'E'f' llH'nt. Containing Consent .I. DAVID PAISLEY CO.

Decision Order to Cease and Desist" that the Commission has jurisdiction of the subject matter of this proceeding and of the person of the respondent herein; that the complaint states a legal cause for COll1plaint under the Federal Trade Commission Act both generally and in each of the particular c.charges alleged therein; that this proceeding is in the interest of the public; that the following order as proposed in said agreement is appropriate for the fun disposition of a11 the issues in this proceeding, such order to become final only if and "hen it becomes the order of the Commission; and that said order, therefore, should be, and hereby is, enteTe.d as follo\\"s: ORDER 1 t is O?ylered That respondent J. David Paisley, trading under the name of J. David Paisley Co., or under any other name, and respondents representatives, agents and employees, c1irectJy or through any corporate or other devic.e, in connection ",it 11 the offering for sale, sale and distribution of a plastic sheet to be fastened over the vim"ing screen of a television set, designated as ':,Yonder- Vue " or any othet product of substantiany the same characteristics '\vhether sold under the same or any other name, in conunerce, ,18 ';(,olllmerce is defined in the Federal Trade Commission Act, do forth with cease and desist from:

A. Re,presenting, directly or by implication, that by the use of said product:

1. In connection \With the operation of a bhck-ancl-white television set, said television win thereby produce the same visual efl'ec.t as a color television set or misrepresenting in any manner the color provided by said product when used in connection "ith a television set; 2. Eye strain' caused by viewing television will be prevented 01' eliminated;

a. Snow, b111rring or haziness '\"in be eliminated from television screens.

DECISION OF TI-IE CO:i\DIISSION AND miller TO FILE REPORT OF CO:i\Illl\NCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the 10th day of .I uly, Hh'57 , become the decision of the Commission; and, accord1ing1y : 1 t is o?Ylered That respondent .J. David Paisley, an individual trading as J. David Paisley Co. , shaJ1 , '\"within sixty (GO) clays niter service upon them of this order, file '\vit h the Commission a report in "Titing, setting forth in detail the manner and form in ,,;hieh they have complied ,,'ith the order to cease :111(1 dcsif.:t Decision 54 F.