Moore Products Corp.

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

IN THE MATTER OF lVIOORE PRODUCTS CORP. ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7126. Co1HplCt'i'llt Apr. 18 1958-Decis.ion, Sept. 1958 Consent order requiring distributors in New York City to cease selling without disclosure of Japanese origin, expansion watchbancis of base metals which they imported, colored gold by electrolytic process, and sold to jobbers and wholesalers under the trade name "Mar-Flex; and to cease representing falsely that such products were " Gold Plated" and "GuaranteecI. Mr. Garland S. Ferguson for the Commission. N (j appearance for respondents.

INITIAL DECISION BY EARL J. KOLB, HEARING EXAMINER The complaint in this proceeding issued April 18, 1958, charges the respondents 1\1oore Products Corp. , a corporation, located at 35 West 31st Street, New York, N. , and Joseph 1\1. lVloore and Ann lVloore, individually and as officers of said corporation, located at the same address as the corporate respondent, with violation of the provisions of the Federal Trade Commission Act in the sale and distribution of expansion watchbands under the trade name "Mor-Flex.

After~' the issuance of the complaint, said respondents entered into an agreement containing consent order to cease and desist with counsel in support of the complaint, disposing of all the issues in this proceeding, which agreement was duly approved by the director and assistant director of the Bureau of Litigation. It was expressly provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by said respondents that they have violated the law as. alleged in the complaint.

By the terms of said agreement, the said respondents admitted all the jurisdictional facts alleged in the complaint and agreed that the record herein may be taken as if the Commission had made findings of jurisdictional facts in accordance with the allegations.

By said agreement, the parties expressly waived any further procedural steps before the hearing examiner and the Commission; the making of findings of fact or conclusions of law; and 55 F. Ol'derall the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement.

Respondents further agreed that the order to cease and desist issued in accordance with said agreement, shall have the same force and effect as if made after a full hearing. It was further provided that said agreement, together with the complaint, shall constitute the entire record herein; that the complain herein may be used in construing the terms of the order issued pursuan t ~o said agreement; and that said order may be altered, rnodified or set aside in the manner prescribed by the statute for orders of the Commission.

The hearing examiner has considered such agreement and the order therein contained, and, it appearing that said agreement and order provides for an appropriate disposition of this proceeding, the same is hereby accepted and is ordered filed upon becoming part of the Commission s Decision in accordance with Sections 3.21 and 3.25 of the Rules of Practice, and, in consonance with the terms of said agreement, the hearing examiner finds that the Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents named herein, that this proceeding is in the interest of the public, and issues the following order:

ORDER It is o-rcle-red That respondents :Moore Products Corp. , a corportion, and its officers, and Joseph IVI. 1\100re and Ann Moore individually and as officers of said corporation, and respondents agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of expansion watchbands or any other product, in commerce, as "commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Offering for sale or selling any product made in Japan or any other foreign country, without clearly disclosing the coun try of origin of said product.

2. Representing in any manner, directly or by implication unless thethat a product, or any part thereof, is gold plated, whole, or the part thereof, is mechanically plated with a substantial thickness of gold.

3. Representing, directly or by implication, that any product sold by respondents is guaranteed, unless the nature and extent MOORE PRODUCTS CORP. ET AL. 315 313 Decision of such guarantee and the manner in which the guarantor will perform are clearly disclosed.

4. Representing, directly or by implication, that any product sold by respondents is guaranteed when a service charge is imposed, unless the amount thereof is clearly disclosed. 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 shall, on the 11th day of September 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.

Decision 55 F.