Stuyvesant trading Co., Inc.

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

In THe Matrer or STUYVESANT TRADING CO., INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7706. Complaint, Dec. 22, 1959—Decision, Mar. 24, 1960 Consent order requiring New York City distributors to cease advertising falsely that wearing of their “Litenite”’ tinted glasses would improve night driving vision.

Mr. Frederick McManus for the Commission. Mr. Ruben Schwartz, of New York, N.Y., for respondents. Inir1aL Decision By Harry R. Hinxes, Hearing Examiner The complaint in this matter charges the respondents with violation of the Federal Trade Commission Act in connection with the sale of tinted eyeglasses.

An agreement has now been entered into by respondents and counsel supporting the complaint which provides, among other things, that respondents admit all the jurisdictional facts alleged 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 the agreement; that the making of findings of fact and conclusions of Jaw in the decision disposing of this matter is waived, together with any further procedural steps before Order 56 F.T.C.

the hearing examiner and the Commission; that. the order hereinafter set forth may be entered in this proceeding without further notice to the respondents and when entered shall have the same force and effect as if entered after a full hearing, respondents specifically waiving all the rights they may have to challenge or contest the validity of the order; that the order may be altered, modified, or set aside in the manner provided for other orders; that the complaint may be used in construing the terms of the order; 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; and that the agreement shall not become a part of the official record unless and until it becomes a part. of the decision of the Commission.

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 agreement is hereby accepted, the following jurisdictional findings made, and the following order issued :

1. Respondent Stuyvesant Trading Co., Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its principal oflice and place of business located at 1380 42nd Street, in the City of New York, State of New York.

Respondents Charles Schonbrun and Sam Schonbrun are officers of the corporate respondent. They formulate, direct and control 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. respondents Stuyvesant Trading Co., Inc., a corporation, and its officers, and Charles Schonbrun and Sam Schonbrun, individually and as officers of said corporation, and respondents’ agents, representatives and emplovees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of tinted glasses sold under the name of “Litenite,” or any other glasses having substantially similar properties, whether sold under said name or any other name, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist. from representing. directly or by implication, that the wearmng of said glasses will improve night driving vision.

ROBERT MAGEE FURS 1119 1117 Decision 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 24th day of March, 1960, become the decision of the Commission; and, accordingly :

It 7s 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.