Bernard D. Garfinkel

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

IN THE MATTER OF BERNARD D. GARF.INI(EL DOING BUSINESS AS BENAT "\V ATCH CASE CO.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDEI~AL TRADE COl\fMISSION ACT Docket 6857. COl11,lJlaint, July 195"/~Dccision, Nov. 22, 1957 Consent order requiring a New York City distributor to cease misrepresenting the gold karat fineness of watch cases he sold to jobbers and retailers by imprinting "14 K" on the backs thereof.

Ed'Want F. Downs Esq. and Thornas A. Sterner Esq., for the Commission.

Respondent, pro Be.

INITIAL DECISION BY ROBERT L. PIPER, l-IEARING EXAl\finer The Federal Trade Commission issued its complaint against the above-named respondent on July 26, 1957, charging him with having violated the Federal Trade Commission Act by labeling his gold watch cases 14 karat when they were in fact less than 14 karat. respondent entered into an agreement, dated September 21 , 1957 containing a consent order to cease and desist, disposing of all the issues in this proceeding without hearing, which agreement has been duly approved by the Director of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore duly designated to act as hearing examiner herein, for his consideration in accordance with Section 3.25 of the Rules of Practice of the Commission.

Respondent, pursuant to the aforesaid agreement, has admitted all of the jurisdictional allegations of the complaint and agreed that the record may be taken as if findings .of jurisdictional facts had been made duly in accordance with such allegations. Said agreement further provides that respondent waives all further procedural steps before the hearing examiner or the Commission, including the making of findings of fact or conclusions of law and the right to challenge or contest the validity of the order to cease and desist entered in aecordance with such agreement. It has also been agreed that. the record herein shall consist. solely of the complaint. and said agreepart of the official recordment, that the agreement shall not become a unless and until it becomes a part of the decision of the Commission , .

BENAT WATCH CASE CO. 635 634 Order that said 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, that said order to cease and desist 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.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing the consent order, and it appearing that the order and agreement cover all of the allegations of the complaint and provide for appropriate disposition of this proceeding, the agreement is hereby accepted and ordered filed upon this decision and said agreement becoming part of the Commission s decision pursuant to Sections 3.21 and 3.25 of the Rules of Practice, and the hearing examiner accordingly makes the following findings, for jurisdictional purposes, and order: 1. Respondent Bernard D. Garfinkel is an individual trading and doing business as Benat 'YVatch Case Co., with his office and principal place. of business at 2 'Vest 47th Street, New York, New York. 2. The Federal Trade Commission has jurisdiction of the subjectmatter of this proceeding and of the respondent hereinabove named. The complaint states a cause of action against said respondent under the Federal Trade Commission Act, and this proceeding is in the interest of the public.

ORDER It is o'lylered That respondent, Bernard D. Garfinkel, trading and doing business as Benat 'Vatch Case Co. or under any other name his 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, or selling any article that is stamped, branded, engraved or marked with any phrase or mark such as 14K, or otherwise representing directly or article is eomposedby implication that the whole or a part of any of gold or any alloy of gold of any designated fineness, unless the artiele or part thereof so marked or represented is composed of gold . of the designated fu1eness within the permissible toleranee established by the National Stamping Ad (15 D. C. Sections 294 et seq. 528577--60---- Decision 54 F.

DECISION OF THE COl\I1\IISSION AND ORDER TO FILE REPORT OF COl\IPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner did, on the 22nd day of November, 1957 become the decision of the Commission; and accordingly:

It is O'J'de1' That the respondent herein shall 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. BERMAN BROTHERS 637 Decision