Ned R. Baskin

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

IN THE MATTER OF "'ED R. BASKIN DOING BUSINESS AS HOLLYWOOD FILM STUDIOS MODIFIED ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSIOK ACT Docket 4902. Complaint, Feb. 1.43-Decision, Oct. , 1966* Ordcr reopening and modifying a cease and desist order, 47 F. C. 913, of January 26, 1951 , against a Hollywood, Calif., photographic portrait studio by adding certain paragraphs which extend coverage of the ardcrto prints, snapshots, negatives, slides, and color slides, and requiring respondent to make a clear disclosure of the prices for its coloring services. ORDER REOPENING PROCEEDING A;\D MODIFYING ORDER TO CEASE AND DESIST The Commission, on January 26, 195J (47 F. C. 913j, having issued its decision and order to cease and desist against respondent herein in this matter; and *Th;s ordCj. WflS Vflcated by the Commission on December 30, lfJ66 , J1, 1R 1 berein: -cease and desist order of January 2(i, 1951 , 47 F. C. 913 , 928, was modified on May 10 , 191iH. Order 70 F. T.

The Commission, on September 14 , 1966, having served upon respondent its order to show cause why this proceeding should not be reopened and the order modified by adding certain paragraphs therein set forth; and Respondent not having responded to such order to show cause within the period provided in the Commission s Rules; and The Commission being of the opinion that the public interest wil be best served by reopening the proceeding herein and by modifying its order to cease and desist dated January 26 1951: It is ordered That the proceeding herein be, and it hereby is reopened and the Commission s order to cease and desist of January 26 1951 (47 F. C. 913j, be, and it hereby is, modified to read as follows:

It is o",leged That the respondent, Ned R. Baskin, an individual trading under the name of Hollywood Film Studios, 01' trading under any other' name, and his agents, representatives, and employees, directly OJ' through any corporate 01' other device, in connection with the ofiering for sale, sale, 01' distribution of plain 01' colored photographs, 01' enlargements thereof, in commerce as commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

(1) Representing, directly 01 by implication, that any photograph or enlargement, colored or black and white, framed 01' unframed, will be made and delivered for a stipulated price, unless such photograph or enlargement will in fact be made and delivered for the stipulated price without the imposition or attempted imposition of any condition not clearly disclosed in the representation.

(2) Representing, directly or by implication, that any offer is for a limited time only, when such offer is not in fact limited in point of time, but is made by respondent in the regular course of business.

(3) Using the words "free" or "given " or any other word or term expressly or impliedly importing a like meaning, in advertising, to designate, describe, or refer to any article of merchandise which is not in fact a gift 01' gratuity or which is not given without requiring the purchase of other merchandise or the performance of some service inuring directly 01' indirectly to the benefit of the respondent. (4) Using the name "Hollywood Film Studios " together with pictures of motion picture celebrities, on letterheads or in advertising matter; or otherwise representing that the HOLLYWOOD FILM STUDIOS 1133 1131 Order respondent has any connection whatsoever with the motion picture industry.

It is further ordered That respondent Ned R. Baskin, an individual doing business as Hollywood Film Studios, or under any other name or names, and respondent's representatives, agents and employees, directly or through any corporate or other device in connection with the advertising, furnishing, offering for sale sale or distribution of photographs, photographic enlargements photographic coloring or enlargement services, or any other products or services in commerce as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Offering to furnish any photograph or any enlargement of a picture, photograph, print, snapshot, negative, slide color slide, or similar article, either free of cost or for any stated amount or compensation (a) unless the offered photograph or enlargement is in every instance furnished upon the request therefor when accomp,mixed by the stated amount or compensation, if ally, and (b) ,,,Jess the negative, slide or photograph forwarded pursuant to the offer is returned simultaneously with the ffered photograph or enlargement, and (c) without the imposition or attempted imposition of any condition, and (d) without first sending to the requesting person any form of communication offering to sell respondent' s coloring services or any other services.

2. Offering to furnish a black and white photograph or enlargement of a picture, photograph, print, snapshot, negative, slide, color slide, or similar article, either free of cost or for any stated amount or compensation, unless in immediate conjunction with such offer, in letters of equal size and prominence, the disclosure is made that the offered photograph or enlargement is black and white.

3. Requesting information for having any photograph, enlargement, or similar article colored, in any advertisement or in any other form of communication, unless in each instance in which such request for information is made (a) there is clear and conspicuous disclosure that forthcoming is an offer to sell respondent' s coloring services and Complaint 70 F. T.

(b) there is clear and conspicuous disclosure of the full amount of respondent's charge for such coloring services.

4. Misrepresenting in any manner the terms of any offer or the services provided by respondent.

It is further ordered That the respondent herein shall, within sixty (60) days after service upon him of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which he has complied with this order.