Bostwick Laboratories, Inc.
Volume 54 · 54 F.T.C. 1306
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Bostwick Laboratories, Inc., 54 F.T.C. 1306 (1958). Consumer Law Library, https://consumerlawlibrary.org/decisions/v054-0210
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In THE Marrer or BOSTWICK LABORATORIES, INC., ET AL.
CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6858. Complaint, July 26, 1957—Decision, Apr. 15, 1958 Consent order requiring a concern in Bridgeport, Conn., to cease representing falsely in advertising that use of its product “Hep Oven Cleaner’ would enable a housewife to clean her oven with just a wipe of a damp cloth. Afr. Adichael J. Vitale and Adr. Thomas A. Ziebarth for the Commission.
Weil, Gotshal & Adanges, of New York, N.Y., by Afr. Iva AL. Millstein, for respondents.
Iniriau Dectston py Witiiam L. Pacx, Hearing Examiner The complaint in this matter charges the respondents with violation of the Federal Trade Commission Act through the making of certain representations regarding an oven-cleaning preparation sold by them. 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 Jaw 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 challenge or contest the validity of such order; that the order may be altered, modified, or set aside in the manner provided for other orders of the Commission; that the complaint may be used in construing the terms of the order; and that the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.
The hearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued:
BOSTWICK LABORATORIES, INC., ET AL. 1307 1306 Decision 1. Respondent Bostwick Laboratories, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Connecticut, with its office and principal place of business located at 706 Bostwick Avenue, Bridgeport, Connecticut. Individual respondents A. O. Samuels and Jack Schenberg are president and vice president, respectively, of the corporate respondent and have the same address as that of the corporate respondent. 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 Bostwick Laboratories, Inc., a corporation, and its officers, and A. O. Samuels and Jack Schenberg, individually and as officers of said corporation, and respondents’ representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of the product ‘Hep Oven Cleaner” or any other | products containing substantially the same ingredients or possessing substantially the same properties, whether sold under the same or any other name, in commerce, as ‘‘commerce”’ is defined in the Federal - Trade Commission Act, do forthwith cease and desist from representing, directly or by implication, that after spraying respondents’ product on the surfaces of household ovens said ovens can be effectively cleaned without hard scrubbing, or by wiping off with a damp cloth, sponge, or any like material, unless it is clearly and conspicuously disclosed that steel wool, scouring pads or like abrasive products must be used in cases of heavy, stubborn or baked-on soil. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to section 3.21 of the Commission’s rules of practice, the initial decision of the hearing examiner did, on the 15th day of April 1958, become the decision of the Commission; and, accordingly: It is ordered, That respondents herein 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. 528577—60—_84 Decision 54 F.T.C.