Thomas F. Di Stefano trading as Dundee Electronics Co.

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IN THE MATTER OF THOMAS F. DI STEFANO TRADING AS DUNDEE ELECTIWJ\ICS CO.

CO:tSENT ORDER, ETC. , 11\' nJ':(;ARD TO Tlie ALLEGED VIOLATIO:- OF THE FEDERAL TRADE COMMJSSIOK ACT Docket 7058. Com.plai,d, Feu. 7, 1.58-Dr.cislon, July 1958 Consent order requiring a distributor of radio and television tl1bes in Paterson , selling- mainly to jobbers and mail order houses, to make clear disclosure, in advertising and on invoices and shipping memoranda and OJ1 the tubes themselves ami their cartons, "\vhen the tubes he sold "were used pull-OLlts, factory rejects, or .TAN surplus. M1" 1(ent r. 1(,UI. supporting the complaint. 11r. Bruno J . Lcopizzi of Paterson, N. , for respondent. INITIAL DECISION BY ,IOH B. POINDEXTER, IIEi\R1 C EXAMINER On February 7, 1958, the Federal Trade Commission issued a complaint against Thomas F. Di Stefano, an individual trading as Dundee Electronics Co., hereinafter referred to as respondent charging him with having violated the Federal Tracie Commission Act by failing to disclose to his customers that a large number of the radio and television tubes he sells and dislribules are used, pull-outs, factory rejects, or ,IAN surplus. After issuance and service of the complaint, the respondent his counsel, and counsel supporting the complaint entered into an agreement for a consent order. The agreement has been approved by the director and assistant director of the Bureau of Litigation. The agreement disposes of the matters complained about.

The pertinent provisions of said agreement are as follows: Respondent admits all jurisdictional1 facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said agreement shall not become a part of the offcial record of the proceeding unless and until it becomes a part of the decision of the Commission; the record herein shall consist solely of the complaint and the agreement; respondent waives the requiremf:nt that the decision must contain a statement of findings of fact and conclusion of law; respondent \vaives further procedural steps before the hearing examiner and the Commission DlJ"DEE ELECTRONICS CO. 101 100 Order and the order may be altered, modified, or set aside in the manner provided by statute for other orders; respondent waives any right to challenge or contest the validity of the order entered in accordance with the agreement and the signing of said 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.

The undersigned hearing examiner having considered the the agreement and proposed order and being of the opinion that the acceptance thereof will he in the public interest, hereby accept3 sllch agreement, makes the following jurisdictional findings, and issues the following urder:

JURISDICTIONAL FINDINGS 1. Hesponrient Thomas F. Di Stefano is an individual trading as Dundee Electronics Co. with his principal offce and place of business located at 112 Martin Street, Patcrson, N. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent and the proceeding is in the public interest.

ORDER It is ordered That respondent, Thomas F. Di Stefano, individually and trading as Dundee Electronics Co" or trading under any other name, and his representatives, agents and employees directly or through any corporate or other device, in connection ,with the offering Jar sale, sale or distribution of television or radio tubes in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Selling, offering for saJe or distributing used, pull-outs factory rejecis or J AN surplus radio or television tubes without clearly disclosing on the tubes and the individual cartons in which each tube is packaged, and in advertising, invoices and shipping memoranda, that. they are used, pull-outs, factory rejects or J AN surplus tubes, as the case may be. 2. Selling, offering for sale or distributing any radio or television tube which is not new or first quality \vithout clearly and conspicuously disclosing that fact on the tube and the individual carton in v'which each tube is packaged, and in advertising, invoices and shipping memoranda.

Decision 55 F, DECISIO~ OF THE C01!MISSION AND ORDER TO FILE REPORT 0" COMPLIANCE This matter having come on to be heard by the Commission upon its review of the hearing examiner initial decision filed on April 30 , 1958, and the Commission having determincd that said initial decision is adequate and appropriate in all respects to dispose of this proceeding:

It i8 ordered That the aforesaid initial decision be, and il hereby is, adopted as the decision of the Commission, It is further oTClered That the respondent Thomas F. Di Stefano shall, within sixty (60) days after service upon him of this order, file ,with the Commission a report in writing setting forth in detail the manner and form in which he has complied with the order to cease and desist contained in saiel initial decision. EMPIRE PLASTIC CORPORATION 103 Complaint