In the Matter of the Complaint That 	) March 31, 1966
 		     		 	)
 THE MYCONOL COMPANY 			)
					)
 at 					)
					)
 Freehold, New Jersey 			) P.O.D. Docket No. 2/192
					)
 (hereinafter called Respondent), is 	)
 engaged in conducting a scheme for 	)
 obtaining money through the mails in 	)
 violation of 39 U.S. Code 4005. 	)

 APPEARANCES:
 Abraham Levine, Esq.
 Office of the General Counsel
 Post Office Department
 for the Complainant

 Solomon H. Friend, Esq.
 Bass & Friend
 342 Madison Avenue
 New York, New York
 for the Respondent

 Bosone, Reva Beck

In reviewing this proceeding, one is struck by three salient features. First, whatever may be the scientific medical approach to the problem of obesity, there is reflected in this record a diversity of medical opinion as to the proper treatment. Second, there is a wide gulf separating (1) the simple steps to be followed by prospective Myconol purchasers as represented in the pre-sale advertising matter and (2) the more exacting regimen to be

employed by users as specified in the post-sale literature. Third, the seller of a product to be taken internally has a duty to obtain in advance of sale, competent medical advice as to the effects of the product on possible users. This duty was disregarded and ignored by this Respondent.

Upon consideration of all pertinent matters relative to this appeal, I adopt as the Departmental Decision in this case the Hearing Examiner's Initial Decision for the reasons therein stated. A fraud order is hereby issued against the name shown in the caption.