Noble and Noble, Publishers, Inc.

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In the Matter or NOBLE AND NOBLE, PUBLISHERS, INC., ET AL. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7424. Complaint, Feb. 26, 1959—Decision, July 15, 1959 Consent order requiring publishers in New York City to cease selling homestudy preparation books for United States Civil Service examinations without clearly disclosing when information contained in them was not up to date.

Mr. Charles S. Cox for the Commission.

Alexander & Green, of New York, N.Y., by Mr. James D. Ewing, for respondents.

Initial DECISION BY WitLiam L. Pack, Heartne Examiner The complaint in this matter charges the respondents with violating the Federal Trade Commission Act by misrepresenting certain publications sold by them, the publications being designed for use by persons preparing for examinations for civil service positions in the United States Government. 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 law 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 agree- NOBLE AND NOBLE, PUBLISHERS, INC., ET AL. 53 52 Decision ment is hereby accepted, the following jurisdictional findings made, and the following order issued:

1. Respondent Noble and Noble, Publishers, Inc., is a corporation existing and doing business under and by virtue of the laws of the State of New York with its office and principal place of business located at 67 Irving Place, New York, New York. Individual respondents J. Kendrick Noble, Sr., Stanley Noble and J. Kendrick Noble, Jr., are officers of the corporate respondent. They formulate, direct and contro] the acts and practices of the corporate respondent. Their address is the same 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 respondent Noble and Noble, Publishers, Inc., a corporation, and its officers, and respondents J. Kendrick Noble, Sr., Stanley Noble and J. Kendrick Noble, Jr., individually and as officers of said corporate respondent, and respondents’ agents, representatives and employees, directly or through any corporate or other device, in connection with the publication, advertising, offering for sale, sale and distribution of books entitled “Ward’s Questions and Answers for Civil Service Clerical Positions” and “Ward’s Questions and Answers for Civil Service Railway Postal Clerk and Clerk-Carrier Positions” in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from offering for sale or selling said books, unless the fact that the information contained therein is not up to date is clearly disclosed, or offering for sale or selling any other book of the same general nature, in which the information contained therein is not up to date. unless such fact 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 15th day of July, 1959, 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 56 F.T.C.