Louis Weingeroff

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

IN THE MATTER OF LOUIS WEINGEROFF ET AL.

DOING BUSINESS AS WEINGEROFF & SON CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSIO ACT 27, 1959 Docket 7367. Cmnplaint, Jan. 1959-Decision, May Consent order requiring manufacturers and distributors in Providence, H.L, engaged in the sale of sets of their own costume jewelry packaged with pens and pencils purchased from Waterman Pen Co. , Inc., to cease stamping the name "Waterman " and the company s trade-mark on the display box and an insert; representing falsely on a " seal" type insert in the display box that the contents were " 24 Kt Gold Plated" ; preticketing the sets with fictitiously high prices; and advertising falsely that they were advertised in Life Magazine and The Saturday Evening Post. Mr. Charles S. Cox supporting; the complaint. Mr. RallJh P. Semonoff, of Providence, R.I., for respondents. INITIAL DECISION BY JOHN B. POINDEXTER, HEARING EXAMINER The complaint in this proceeding; alleges that Louis Weingeroff and Frederick Weingerolf, individually and as copartners doing business as Weingerolf & Son, hereinafter referred to as respondents, have misrepresented the source, price, and quality of their merchandise, in violation of the provisions of the Federal Trade Commission Act. In addition the complaint charges that respondents have made misleading and deceptive statements by claiming that their products have been advertised in Life Magazine and the Saturday Evening Post when they have not been so advertised. After issuance and service of the complaint, the respondents their counsel and counsel supporting the complaint entered into an agreement for a consent order. The order disposes of the matters complained about.

Under the agreement, the respondents admit the jurisdictional facts alleged in the complaint. The parties agree, among other things, that the cease and desist order there set forth may be entered without further notice and have the same force and effect as if entered after a full hearing, and the document includes a waiver by the respondents of all rights to challenge or contest the validity of the order issuing in accordance therewith. Order 55 F.

The agreement further recites that it is for settlement purposes only and does uot constitute an admission by the respondents that they have violated the law as alleged in the complaint. The hearing examiner tinds that the provisions of the agreement comply with all mandatory requirements of Section 3.25 (b) of the Rules of Practice for Adjudicative Proceedings. The hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order:

JURISDICTIOKAL FINDINGS 1. Respondents Louis Weingcroff and Frederick Weingeroff are individuals and copartners trading as Weingeroff & Son with their principal omce and place of business located at 528 North Main Street, Providence, H.I.

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 on/ej' That respondents Louis Weingeroff and Frederick Weingeroff, individually and as copartners trading as Weingeroff & Son, or trading under any other name, and their agents, representatives and employees, directly or through any corporate or other device, in connection with the manufacture, offering fat sale, sale and distribution of jewelry or other products in commerce, as "commerce" is defmed in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Using the name of a company in connection with a product that has not been made by said company or representing in any manner, directly or by implication, that a product has been made by a specified company, when such is not the fact. 2. Representing, directly or indirectly: (a) That a product which has a surface coating of gold or gold alloy applied by an electrolytic process is gold plated; provided, Iwweve,' that a product or a part thereof, upon all significant surfaces of which there has been affxed by an electrolytic process a coating of gold, or of gold alloy, of not less than 10 karat tineness, the minimum thickness of which is equivalent to WEINGEROFF & SON 1881 1879 Decision seven one-millionths of an inch of fine gold, may be marked or described as gold electroplate or gold electroplated. (b) By preticketing, or in any other manner that any price is the retail price of a product \vhen such price is in excess of the price at which the product is usually and regularly sold at retail.

(c) That their products, or any of them, have been advertised in Life Magazine or the Saturday Evening Post; or that they, or any of them, have been advertised in any other manner, unless such is the fact.

3. Furnishing means or instrumentalities to retailers or others by or through which they mislead the public with respect to any of the matters set out above.

DECISION OF Tile COMMISSION A:-D ORDER TO FILE REPORT OF COMPLIANCE The Commission having considered the initial decision of the hearing examiner wherein he accepted an ag-rcemcnt containing a consent order to cease and desist executed by the respondents and counsel in support of the complaint, service of which initial decision was completed on April 24, 1959; and It appearing that the initial decision may be deficient in that it fails to incorporate the substance of certain pertinent prodsions of the agreement of the parties:

,is ordered That said initial decision be, and it hereby is amended by inserting between the second and third paragraphs thereof the following paragraph:

Under the agreement, the respondents admit the .i urisdictional facts alleged in the complaint. The parties agree, among other things, that the cease and desist order there set forth may be entered without further notice and have the same force and effect as if entered after a full hearing, and the document includes a waiver by the respondents of all rig-hts to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites that it is for settlement purposes only and does not constitute an admission by the respondents that they have violated the Jaw as alleged in the complaint. It is JUTthe?' o?'dered That the initial decision as so modified shall, on the 27th day of May 1959, become the decision of the Commissioll.

1882 FEDERAL TRADE COMMISSlOl- DECISIONS Decision 55 F.

It is JUTtheT ordered That the respondents, Louis Weingeroff and Frederick Weingeroff, 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 contained in said initial decision.

KESTENBAUM & RENNERT, INC., ET AL. 1883 Dccision