Philip Reiffe
Volume 56 · 56 F.T.C. 663
deceptive advertisingproduct labelingmail order direct sales
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Philip Reiffe, 56 F.T.C. 663 (1958). Consumer Law Library, https://consumerlawlibrary.org/decisions/v056-0143
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In THE MATTER oF PHILIP REIFFE ET AL. TRADING AS MAIL ORDER MART, ETC.
ORDER, ETC.. IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6605. Complaint, July 31, 1956—Decision, Dec. 16, 1958 Order dismissing complaint charging Brooklyn, N.Y., mail order distributors of women’s and children’s apparel with selling used and secondhand dresses as new, and shipping to customers soiled and unwearable merchandise, in wrong sizes, and fewer than the number ordered for the same price or a greiter price. After issuance of the complaint, respondents were indicted for criminally fraudulent practices similar to those wleged in the complaint, pleaded guilty, and were awaiting sentence. My. Michael J. Vitale for the Commission. Walter L. and Robert M. Post, of New York, N.Y., for respondents. Tniria, Decision py J. Earn Cox. Hearing EXAMINER The complaint in this proceeding, charging respondents with vio- Jating $5 of the Federal Trade Commission Act in connection with their business of selling and distributing women’s and children’s apparel by mail order, was issued July 80, 1986. By motion, counsel supporting the complaint now asks that said complaint be dismissed, stating that since the issuance of the complaint the individual respondents, who were doing business as Mail Order Mart, The Bargain Mart and Reitfe Bros., were indicted under Vitle 18, £1841 U.S8.C., for criminally fraudulent practices similar to those alleged in the complaint. Thereafter they pleaded guilty to ten counts of the indictment, and are to be sentenced on November 12, 1959.
Under these circumstances counsel supporting the complaint states that he believes the continuation of the Federal Trade Commission proceeding is not necessary, and that the public interest would best be served by dismissing this complaint. With that conclusion there can be no disagreement, and the motion of counsel supporting the complaint will be granted. Therefore, {tis ordered. That the complaint herein be, and the same hereliv is, dismissed.
DECISION OF THE COMMISSION Pursuant to Section 8.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 16th day of December, 1959. become the decision of the Commission. Decision 56 F.T.C.