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VOLUME 20

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REGISTER

V / J 934

NUMBER 238

O N iT tO

Washington, Thursday, December 8, 1955

TITLE 16 COMMERCIAL
PRACTICES
Chapter I Federal Trade Commission .

Docket 6384

Part 13 D igest of C ease and D esist
O rders NOVEL MFG. & DISTRIBUTING CO., INC., ET AL.

SubpartAdvertising falsely or mis leadingly: 13.125 Limited offers or sup ply; 13.135 Nature: Product or service;
13.155 Prices: Usual as reduced, special, etc. Subpart:Misrepresenting oneself and goodsGoods: 13.1685 Nature:
Misrepresenting oneself and goods
Prices: 13.1825 Usual as reduced or to le increased. Subpart Offering unfair, improper and deceptive inducements to purchase or deal: 13.2000 Limited of fers or supply.
Sec. 6, 38 Stat. 721; 15 U. S. O. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15
U. S. C. 45 Cease and desist order, Novel Mfg. & Distributing Co., Inc., et al., New York, N. Y., Docket 6384, November 23, 1955

In the Matter of Novel M fg. & Distrib uting Co., Inc., a Corporation; and Sam Weitz and Richard Weith, Individually and as Officers of Said Corporation;
and Russell Weith, Individually and as General Manager of Said Corporation This proceeding was heard by Everett P. Haycraft, hearing examiner, upon the complaint of the Commissionwhich charged respondent corporation and its officers with advertising falsely in news papers and other publications that its floral centerpiece known as the Garden Under Glass contained natural flowers, that its offer to sell the product at desig nated prices was for a limited time, and that the prices at which it was offered tor sale were reducedand an agree ment between the parties providing for he entry of a consent order in accord ance with 3.25 of the Commissions rules of practice.
Upon this basis, the hearing examiner a e his initial decision and order to cease and desist, which by the Comaussions order of November 23, 1955,
became, pursuant to 3.21 of the rules of practice, the Decision of the Com mission.
The order to cease and desist is as follows:
I t is ordered, That respondents Novel Mfg. & Distributing Co., Inc., a corpora tion, and its officers, and Sam Weitz and Richard Weith, individually and as offi cers o f said corporation, and Russell Weith, individually and as general man ager o f said corporation, and respond ents representatives, agents and em ployees, directly or through any corpo rate or other device, in connection with the offering for sale, sale or distribution in commerce, as commerce is defined in the Federal Trade Commission Act, of a so-called floral centerpiece desig nated as the Garden Under Glass, or by any other name or names, or any other merchandise, do forthwith cease and desist from representing, directly or by im plication:
1. That any flowers which they sell or offer fo r sale are natural flowers unless such is the fact.
2. That offers to sell merchandise at designated prices are limited as to time when they are continuous offers.
3. That the usual and customary price o f any merchandise, is in excess of the price at which said merchandise is reg ularly and customarily sold in the normal course of business.
By said Decision of the Commission , report of compliance was required as follows:
I t is ordered, That the respondents herein shall within sixty 60 days after service upon them o f this order, file with the Commission a report in writing set ting forth in detail the manner and form in which they have complied with the order to cease and desist.
Issued: November 23, 1955.
By the Commission.
seal
R o bert M. P a r r is h ,
Secretary.
P.R. Doc. 55-9869; Filed, Dec. 7, 1955;

8:51 a. m.

CONTENTS
Agricultural Marketing Service
Pa8

Proposed rule making:
U. S. standards:
Cherries, sweet _________
Grapefruit juice, dehydratedOrange juice, canned________

9017
9020
9018

Agriculture Department See Agricultural Marketing Serv ice; Commodity Stabilization Service ; Rural Electrification Administration.

Business and Defense Services Administration Rules and regulations:
Titanium mill products; limita tions on required acceptance of rated orders______________

9008

Commerce Department See Business and Defense Serv ices Administration.

Commodity Stabilization Service Notices:
Organizations, functions and delegations of authority_____
Proposed rule making:
Rice; 1956 crop; farm market ing quotas and acreage allot ments; determinations to be made______ ________

9035

9021

Federal Communications Com mission Notices:
Hearings, etc.:
Central New York Broadcast ing Corp__________________ 9028
Miners Broadcasting Service, Inc., et al_________________ 9029
Ole Mississippi Broadcasting Co. W SUH et al_________
9028
Stone, Charles W ___________
9030
Proposed rule making:
Alaska; frequency allocations__ 9022
Automobile emergency radio services______________________ 9023
Rules and regulations:
Alaska; public fixed stations and stations o f maritime services. 9016
CONELRAD:
Amateur radio service_______ 9015
Public safety radio services__9014
Maritime services:
Stations on land_____________ 9013
Stations on shipboard_____ 9013
Radio broadcast services__ ____ 9011
9007