In the Matter of the Complaint Against SCOTT HOUSE DIVISION 2425 Colee Station at Fort Lauderdale, Florida 33303 and ASTOR-SCOTT, INC. 1231 E. Las Olas Boulevard Dept. 300-N at Fort Lauderdale, Florida 33301 P.S. Docket No. 1/17708/22/73
Wenchel, Adam G. APPEARANCES: Thomas A. Ziebarth, Esq.; Consumer Protection Office, Law Department, U. S. Postal Service, Washington, D.C. 20260 for Complainant Charles B. Chernofsky, Esq.; One Blue Hill Plaza, Pearl River, New York 10965 for the Respondent
This proceeding is based upon a complaint brought by the General Counsel against the Respondents shown in the caption requesting the issuance of a false representation order pursuant to 39 U.S.C. 3005 with respect to Respondents' wrinkle remover lotion. The Administrative Law Judge in his Initial Decision found that Respondents' advertising made substantially the representations alleged in the complaint. He concluded, however, that Complainant had not established the falsity of the representations.
The substantive evidence presented consisted solely of the testimony of a medical expert. While the trier of fact in a circumstance like the present one may base his decision solely on the testimony of an expert, it is not appropriate for him to do so unless he finds the testimony convincing. In the presiding officer's view the medical expert displayed insufficient familiarity with the product involved in this proceeding to form a basis to find that the representations made are untrue.
I have reviewed the pleadings and the transcript and find no reason to overturn the assessment of the testimony made by the Administrative Law Judge who heard it. Accordingly, the Initial Decision is affirmed and the complaint is dismissed.