The United States Bedding Company

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IN THE :\IATTER OF THE UNITED STATES BEDDING COMPANY CONSENT ORDER, ETC. RF.GAHD TO THE ALLEGED VIOLATION OF THE FEIH RAL TRADE COMMISSION ACT Docket 73,'j2. Complaint, Dec. ID58-Decision, June, 1959 Consent order requiring a manufacturer in St. Paul, Minn., to cease attaching La its mattresses, labels bearing fictitious prices, and placing in the hands of dealers for their use, newspaper mats representing falsely that some of its mattresses carried a full ten-year g-uarantee. !lT. A!.vin D. Edelson supporting the complaint. Oppenheimer, Hodgson, E1Own, Bae?' and Wollf by !lT. Benno F. Wolff and !I,.. John G. Rob,,' !.son of St. Paul, Minn. , for respondent.

INITIAL DECISION BY JOHN B. POINDEXTER, HEARINC EXAMINER The complaint in this proceeding alleges that the United States Bedding Company, a corporation, hereinafter referred to as respondent, has violated the Federal Trade Commission Act by illegally preticketing the mattresses it manufactures and deceptively guaranteeing them.

After issuance and 8ervicc of the complaint, the respondent, its 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 respondent admits the jurisdictional facts alleg-ed 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 forge and effect as if entered after a full hearing, and the document includes a waiver by the respondent of a1l rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites that it is for settement purposes only and does not constitute an admission by the respondent that it has violated the law as alleged in the complaint. The hearing examiner finds that the provisions of the agreement comply with a1l 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 there- THE UNITED STATES BEDDING CO. 1887 1886 Decision of win be in the public interest, hereby accepts such agreement makes the fonowing jurisdictional findings, and issues the following order:

JURISDICTIONAL FINDINCS 1. Respondent the United States Bedding Company is a corporation organized, existing, and doing business under and virtue of the laws of the State of Minnesota, with its principal offce and place of business located at 558 VandaJia Street, St. Paul, Minn.

2. The Federal Trade Commission has jurisdiction of the subj ect matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered That respondent the United States Bedding Company, a corporation, and its offcers. and respondent's agents representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of mattresses or other merchandise, in commerce as "commerce" is defined in the Federal Trade Commission Act do forthwith cease and desist from:

1. Hepresenting by preticketing, or in any other manner, that certain amounts are the regular or usual retail prices of their mattresses or other merchandise when such amounts are in excess of the prices at which their maLtresscs or other merchandise are regularly and customarily sold at retail. 2. Representing, directly or hy implication, that their mattresses or other merchandise are guaranteed unless the nature of the guarantee and the manner in which the guarantor wil perform are fully and clearly set forth. DECISION OF THE COMMISSION AKD ORDER TO From REPORT OF COMPLIANCE The Commission having considered the initial decision of the hearing examiner wherein hc accepted an 2.agreement containing a consent order to cease and desist executed by the respondent and counsel in support of the complaint, service of which initial decision was completed on April 30, 1959; and It appearing that the initial decision may be deficient in that it fails to incorporate the substance of certain pertinent provisions of the agreement of the parties; Decision 55 F.

It is OJ'dated 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 respondent admits 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 respondent of all rights 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 respondent that it has violated the law as alleged in the complaint. It is fUTtheT ordered That the initial decision as so modified shall, on the 2d day of June J 959, become the decision of the Commission.

It is fW'tWT ol'deTcd That the respondent the United States Bedding Company, a corporation, shall, within sixty (60) days after service upon it of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with the order contained in said initial decision.

NIRESK INDUSTRIES, INC., ET AL. 1889 Decision