December 24, 1958

In the Matter of the Complaint That

OWEN LABORATORIES, and

H. L. OWEN,

at

Chicago, Illinois,

P.O.D. Docket No. 1/49

(hereinafter called Respondent), is engaged in conducting a scheme for obtaining money through the mails in violation of 39 U. S. Code 259 and 732

INITIAL DECISION OF HEARING EXAMINER

            Based on the initial decision of the undersigned in the Jenasol Co., et al. proceeding, P.O.D. Docket No. 1/54, which was consolidated with the instant companion case for hearing, and both of which having, as stated by counsel for Respondents in his combined proposed findings and conclusions, identical issues, I find for the reasons stated in said decision, reference to which is hereby made and a copy of which is attached hereto for ready reference, that Respondent is conducting in the sale through the mails for the product called “Enerjol” under the names given in the caption hereof, the enterprise described in the complaint, that the alleged representations of the efficacy of the product due to its “royal jelly” and “oyster concentrate” ingredients, are being made, that these representations are false and fraudulent and that they are made with intent to deceive.

            I therefore, conclude for the reasons and the authorities cited in the referred to proceeding, that Respondent is violating the invoked statutes as charged.  There is attached hereto the appropriate order for execution by the Judicial Officer for the suppression of this fraudulent enterprise.

                                                                        Edward Carlick

                                                                        Hearing Examiner