In the Matter of the Complaint Against

 EASY SLIM
 5140 White Oak Avenue and
 Post Office Box 742 at
 Encino, California 91316

 P.S. Docket No. 1/15;  
 

 05/31/72
 

 Wenchel, Adam G.  

Prior proceedings in the above-captioned matter led to an Initial Decision in which the Hearing Examiner made findings adverse to Respondent and recommended issuance of a mail-stop order under 39 U.S.C. 3005. Upon failure of Respondent to appeal, the Initial Decision became the Postal Service Decision and Postal Service Order No. 72-9 was issued against the name and address shown in the caption.

On May 12, 1972, Complainant filed a Petition for Supplemental Order to which Respondent filed an answer on May 30, 1972. The first two pages of the Petition contain six numbered factual allegations supported by five exhibits as well as an unnumbered allegation. Page 3 is devoted to argument, conclusory allegations and a request for issuance of a supplemental order.

Respondent's answer denies only "the allegations contained in page 3 of the Petition for Supplemental Order". Accordingly, the allegations on pages 1 and 2 of the Petition are taken to be true.

A review of the record shows that the current advertisements on which the Petition is based is in all material respects, except name and address, identical to the advertisements on which P.S. Order No. 72-9 was based. It further demonstrates that the product received is also substantially identical. The issues sought to be raised by Respondent's answer were determined adversely to Respondent in the decision previously rendered in this matter and are deemed established.

In view of the foregoing, I find that Respondent is evading or attempting to evade the provisions of P.S. Order No. 72-9 and that in accordance with section 952.30 (39 C.F.R. 952.30) of the applicable Rules of Procedure a supplemental order should issue forthwith against the name EASY DIET at P. O. Box 752 and P. O. Box 742 at Encino, California 91316.