Emanual Blasenstein

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IN Tue Matrer or EMANUAL BLASENSTEIN ET AL. TRADING AS SEABOARD OIL CO. AND COASTAL OIL CO.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6717. Complaint, Feb. 1, 1957—Decision, Mar. 7, 1958 Consent order requiring reclaimers of motor oil obtained from drainings of motor crankcases, doing business in Doraville, Ga., Columbia, S.C, and Jacksonville, Fla., to cease selling sueb oil, or a blend thereof with new oil, to dealers for resale to the purchasing public with no markings on containers or otherwise to indicate that the product was reclaimed used oil. Mr, John W. Brookfield, Jr., for the Commission. Mr. Seymour Friedman, of Washington, D.C., for respondents. Initia, Decision sy Wintuiam L. Pack, Heartne Examiner The complaint in this matter charges the respondents with violation of the Federal Trade Commission Act in connection with the sale of lubricating oi] made in whole or in part from oil which has been previously used. An agreement has now been entered into by respondents and counsel supporting the complaint which provides among other things, that respondents admit all of the jurisdictional allegations in the complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist. solely of the complaint and agreement that. the inclusion of findings of fact: and conclusions of law in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect. as if entered after a full hearing, respondents specifically waiving any and all rights to chaHenge or contest. the ralidity of such order; that the order may be altered, modified, or set aside in the manner provided for other orders of the Commission; and that the agreement. is for settlement purposes only and does not. constitute an admission by respondents that they have violated the Jaw as alleged in the complaint.

The agreement further provides that the effective date of the initial decision based thereon shall be stayed by the Commission, so that such decision shall not. become the decision of the Commission until and unless an order to cease and desist. is issued by the Commission in the matter of Mohawk Refining Corp., docket 6588. 11386 FEDERAL TRADE COMMISSION DECISIONS Decision 54 FTC.

The hearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for an appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued :

1. Respondents Emanuel Blasenstein, Jack Blasenstein, Bernard Blasenstein, and Thomas Blasenstein are individuals and copartners trading as Seaboard Oil Co. with their office and principal place of business located at 5650 New Peachtree Road, in Doraville, Ga. They also trade and do business as Coastal Oil Co. with places of business located in Columbia, S.C., and Jacksonville, Fla. 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 respondents Emanuel Blasenstein, Jack Blasenstein, Bernard Blasenstein, and Thomas Blasenstein, individually and copartners trading as Seabord Oil Co. and Coastal Oil Co., or under any other name or names, and respondents’ agents, representatives or employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution in commerce, as “commerce” is defined in the Federal Trade Commission Act, of lubricating oi] composed in whole or in part of oil which has been previously used and reclaimed, do forthwith cease and desist from :

1. Representing, directly or by implication, that such lubricating oi] is new or unused oil, or refined from virgin crude oil. 2. Advertising, offering for sale or selling any lubricating oil previously used for lubricating purposes without disclosing such prior use to the purchaser, or potential purchaser, in advertising, in sales promotion matter and by a clear and conspicuous statement to that effect on the container.

DECISION OF ‘THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE The Commission, on April 25, 1957, having issued an order extending until further order the date on which the hearing examiner's initial decision in this proceeding otherwise would have become the decision of the Commission; and SEABOARD OIL CO., ETC. 1137 1135 Decision The purpose of said order having been io effectuate a condition contained in the agreement for consent order theretofore executed by the respondents and counsel in support of the complaint, which condition was that. the initial decision based on the agreement should not. become the decision of the Commission until and unless the Commission should issue an order to cease and desist. in the matter of Mohawk Refining Corp., et al., docket. No. 6588 ; and The Commission, on February 14, 1958, having issued an order to cease and desist. in the matter of Mohawk Refining Corp., et. al., docket. No. 6588 :

It is ordered, That the hearing examiner's initial decision herein, filed March 28, 1957, be, and it hereby is, adopted as the decision of the Commission.

It 2s further ordercd, That. the respondents, Emanuel Blasenstein, Jack Blasenstein, Bernard Blasenstein, and Thomas Blasenstein, 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. contained in the aforesaid mitial decision. Decision 54 F.T.C.