Digest of Cease and Desist Orders, Fulton Tool Co. and Edwin E. Rothchild
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Title 16— COMMERCIAL PRACTICES Chapter I— Federal Trade Commission (Docket 7437 c.o.] PART 13— DIGEST OF CEASE AND DESIST ORDERS Fulton Tool Co. and Edwin E. Rothchild Subpart— neglecting, unfairly or de ceptively, to make material disclosure: § 13.1880 Old, used, reclaimed, or revved as unused or new.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets « applies sec. 5, 38 Stat. 719, as amended; t*5 [Cease and desist order, Edwin • Rothchild trading as Pulton Tool Com- 1959]' Brooklyn* N Y * Docket 7437, June 13 In the Matter of Edwin E. Rothchild, an Individual Trading as Fulton Tool Company This proceeding was heard by a hear ing examiner on the complaint of the Commission charging an individual in Brooklyn, N.Y., with selling to distrib utors and dealers for resale to the public ■\yithout disclosure of their secondhand nature, used files which he purchased and reconditioned so that they appeared to be new.
Based on an agreement for consent order, the hearing examiner made his initial decision and order to cease and desist which became on June 13 the de cision of the Commission. The order to cease and desist is as follows:
It is ordered, That respondent Edwin E. Rothchild, an individual, trading as Fulton Tool Company, or under any other name, and respondent’s agents, representatives, and employees, directly or through any corporate or other de vice, in connection with the offering for sale, sale, or distribution of reconditioned second hand or used files, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:
1. Selling or distributing such files without clearly and conspicuously mark ing them with the words “reconditioned” or “rebuilt” or some other word or words of similar import, in such a man ner that such markings cannot be readily obliterated.
2. Representing in any manner that such files are new.
By “Decision of the Commission”, etc., report of compliance was required as follows:
It is 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 the order to cease and desist. Issued: June 1, 1959.
By the Commission. .
R obert M. P arrish, Secretary.
[F.R. Doc. 59-5886; Filed, July 16, 1959; 8:46 a.m.]