Schick, Inc.

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IN THE MATTER OF SCHICK, INC.

. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6543. Complai. , Ap1'. 30, 1956-Dec-ision, Ju.ly 23, 1957 Consent order requiring a manufacturer of electric razors to cease representing falsely in advertising on nationwide telecasts and in magazines and newspapers, etc., that a purchaser would get his money back in fun not satisfied with a Schick electric razor after a 14-day trial; and to cease selling as new, razors which it had "redressed" or reconditioned after such home trials or after their use as salesmen s samples or for display and demonstration purposes, Mr. Harold A. Kennedy for the Commission. Dunnington, Bartholow lIlilkr by 1111'. R. D. Saxe of New York, N. , for respondent.

INITIAL DECISION BY ABNER E. LIPSCOMB HEARING EXAMINER The complaint herein was issued on April 30, 1956, charging Respondent with nationally advertising a 14-day free home trial offer of its razors which had not been honored by all retailers, and with selling used razors as new, in violation of the Federal Trade Commission Act.

On :May 20, 1957, Respondent, its counsel and counsel supporting the complaint entered into an Agreement Containing Consent Order To Cease And Desist, which was approved by the Director and the Assistant Director of the Commission s Bureau of Litigation and thereafter submitted to the Hearing Examiner for consideration. Respondent Sehick, Ine. is identified in the agreement as a Delaware corporation, with its office and principal place of business located at 216 Greenfield Road, Lancaster, Pennsylvania. alleged in the com- Respondent admits all the jurisdictional facts taken as if findings of plaint, and agrees that the record may be jurisdictional facts had been duly made in accordanee with such allegations.

Respondent, in the agreement, waives any further procedure before the Hearing Examiner and the Commission; the making of rights it may findings of fact or conclusions of law; and all the and have to challe,nge or contest the validity of the order to cease desist entered in accordanee with the agreement. All parties agree SCHICK, INC. 115 114 Decision that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the order to cease and desist as contained in the agreement 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; that the complaint herein may be used in construing the terms of said order; and that the agreement is for settlement purposes only and does not constitute an admission by Respondent that it has violated the law as alleged in the complaint.

After consideration of the allegations of the complaint and the provisions of the agreement and the proposed order, the Hearing Examiner is of the opinion that such order constitutes a satisfactory disposition of this proceeding. Aceordingly, in eonsonanee with the terms of the aforesaid agreement, the Ilearing Examiner accepts the Agreement Containing Consent Order To Cease And Desist; finds that the Commission has jurisdiction over the Respondent and oyer its acts and practices as alleged in the complaint; and finds that this proceeding is in the public interest. Therefore It is onlered That Respondent Schick, Ine. , a corporation, its officers, representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of electric shavers, or any other product in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forth,with cease and desist from: 1. Representing, directly or indirectly, that any purchaser of such product may obtain a refund of the purchase price thereof by returning said product to the retailing seller thereof within 14 days after its purchase, or within any other speeified period of time, unless such is the fact;

2. OtTering for sale, selling or delivering to others for ultimate sale to the public such prodl1et if composed in whole or in part of previously used materials, unless clear disclosure is made on such prod' nct, in such manner that it c.cannot be readily hidden or obliterated, that suc.h product is composed, in whole or in part, as the ease may be, of previously used materials. DECISJOX OF THE CO:\Il\IISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Seetion 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the twenty- 116 FEDERAL TRADE CO:M:MISSION DECISIONS Order 54 F.

third day of July, 1957 become the decision of the Commission; and, accordingly:

I t is ordered That respondent Schick, Inc., a corporation, shad, within sixty (60) days after service upon it of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which it has complied with the order to cease and desist.

LAFAYETTE BRASS MANUFACTURING CO. INC. , ET AL. 117 Decision