Raymond Arnold trading as United Mirror Laboratories, Research Division of Make-Ur-Own Mirror Company

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

IN THE ~L\. TTER OF RA Y~IOND AR-NOLD TR.ADING AS UNITED jIIR.ROR LABOR-ATOR-IES , R.ESEARCI-I DI,;ISION OF ),IAI\:E-UR- O\VN ~IIRROR CO~IP ANY CONSENT OImER, ETC" IX REGARD TO TI-IE _\ALLEGED VIOLATION OF THE FEDERAL TRADE CO~DnSSION ACT Docket 6132. Complaint, Feb. 21, lfl5"/-Decision, Scpt, n, lD57 Consent order requiring a manufacturer of materials and equipment for making minors in Springfield, N. , to cease misrepresenting in ndyertising Hm1 periodicals and circulars the labor flnd cost illYoJved in making mirrors and representing falsely by USe' of the wonh: " Label' ;ttories" and "Hesearch" in Jtis trade name that he owned a laboratory~- \with scientists and technicians engaged in mirror manufacturing. 1117' B'l'ockmml, Horne for the Commission. ill-I'. B el' l1WYZ R. LafeT of Newark, N, , for respondent. INITIAL DECISION BY J. EARL Cox, HEARING EXAMINER The complaint charges respondent with violation of the Federal Trade Commission Act, by the use of grossly exaggerated, false misleading and dece.ptive statements and representations with resped. to machinery, equipment anc1materials use.d for manufacturing and resilYering mirrors. These products, it. is alleged, are. sold anll shipped in interstate commerce.

After the. issuance of the complaint, respondent, his 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 13mean of Litigation, and thereafter transmitted to the Hearing Examiner for consideration.

The. agreement identifies respondent Haymond Arnold as an individual, trading as Unitedl\lirror Laboratories~ Research Division of l\Iake-Ur- O\yn ~lirror Company, his present address being 2G Irwin Street, Springfield, N e.,,' ~Tersey.

The agreement provides: among other things, that respondent admits an the jurisdictional fnc.ts alleged in the complaint and agrees that the record may be taken a~ if findinp's of iul'isdictiowll f:1Cts had been duly made in accorchnce. \with ~:llch allegations: that the recorel on which the initial decision and the decision of the Commission shall be based shall consist. solely of the complaint and this agreement; that the agreement. shall not. become a part of the otr-ieial UNITED MIRROR LABORATORIES, ETC. 327 326 Order record unless and until it beconies a part of the decision of the Commission; that the complaint may be used in construing the terms of the order agreed upon, which may be altered, modified or set asi de in the manner provided for other orders; that the agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint; and that the order set forth in the agreement and hereinafter included in this decision shah have the same force and effect as if entered after a full hearing.

Respondent waives any further procedural steps before the I-Iearing Examiner and the Coimnission; the making of findings of fact or conclusions of law; and all of the rights he may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement.

The order agreed upon fully disposes of all the issues raised in the . complaint, and adequately prohibits the acts and practices charged therein as being in violation of the Federal Trade Commission Act. Accordingly, the l-lem'ing Examiner finds this proceeding to be in the public interest and accepts the agreement containing consent order to cease and desist as part of the record upon which this decision is based. Therefore It i.r:; onle1' That respondent Raymond Arnold, an individual trading as United :Mirror Laboratories, Research Division of )lake- Dr-Own :Mirror Company, or under any other name or names, his agents, representatives and employees, directly or through any corpol' ate or other device, in connection with the offering for sale, sale and distribution of equipment and materials for use in manufacturing mirrors, in COInmerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Representing, directly or by implication, that through the use of saiel equipment and materials:

a. A person can become a professional mirror maker in 15 minlates or in any other period of time less than the average time required by those who have used respondents equipment and materials;

b. A person can become a professional mirror maker in four operations or any number of operations that is not in accordance with the facts;

c. $100 mirrors can be manufactured in 15 minutes or mirrors of any vnIne can be manufactured in any specific time that is not in accordance with the facts;

d. :Mirrors Clll1 be manufactured for 4~ per square foot or for any amount that is not in accordance with the facts; Decision 54 F. T. C. 2. D sing the words "Laboratories" or "Research " or any other words of the same import, as part of a trade or corporate name, or representing in any manner that respondent owns, operates, or controls a laboratory or is engaged in scientific research, when such is not in accordance with the facts.

DECISION OF THE CO1\fl\IISSION AND 10HDER TO FILE REPORT OF COl\IPLIANCE of the Commission s Rules of Practice, Pursuant to Section 3.21 the initial decision of the hearing examiner shall, on the 14th day of the Commission; andof September, 1957 become' the decision accordingly:

t is O'I'de1'ed That respondent R.raymond Arnold, trading as United of l\-fake- Dr-Own l\1irrorl\1irror Laboratories, R.esearch Division upon himCompany, shall, within sixty (60) days after service this order, file with the Commission a report in writing, setting forth in detail the manner and form in which.h he has complied with the order to cease and desist.

.:\.

ROYAL TRUE COLOR CORP. ET AL. 329 Decision