In the Matter of the Complaint Against

 EAT WELL and EAT WELL COMPANY,
 283 Greenwich Avenue at
 Greenwich, Connecticut 06830

 P.S. Docket No. 1/203
 

 January 22, 1973
 
 

 H. Richard Hefner, Esq.,
 Law Department, U.S. Postal Service, for Complainant. 

 Charles B. Chernofsky, Esq.,
 Halesite, New York, for Respondent.  

 Before: John Lewis, Administrative Law Judge.  

This proceeding was initiated by the filing of a complaint by the General Counsel of the United States Postal Service on November 2, 1972, charging the above-named Respondent with conducting a scheme or device for obtaining money or property through the mail by means of false representations, in violation of 39 U.S. Code 3005. In substance, said complaint charges Respondent with having made false representations concerning the nature and effectiveness of its weight-reduction program, designated as "Eat-Well Regimen", and including its "Eat-Well Regimen Dietary Supplement Capsule". Respondent appeared by counsel and initially filed an answer denying the various allegations of the complaint, except as to the use of the advertising matter referred to therein. However, Respondent thereafter filed an amended answer, in which it pleaded "Nolo Contendere" to the principal allegations of the complaint. Thereafter Complainant moved for a Summary Decision herein, based on the Nolo Contendere plea by Respondent and its failure to deny the allegations of the complaint.

Respondent having failed to deny the allegations of the complaint, said allegations may be deemed admitted pursuant to 952.10(b) of the Rules of Practice. It is therefore unnecessary to proceed with the evidentiary hearing previously scheduled herein, and it is appropriate to grant Complainant's motion for a summary decision and to issue an Initial Decision based on the admitted allegations of the complaint. Accordingly, I make the following:

FINDINGS OF FACT

1. Respondent is engaged in conducting a scheme or device for obtaining money or property through the mail. Public attention is attracted to said scheme by means of advertising matter distributed to the public and which is calculated and intended to induce readers thereof to remit money or property through the mail to Respondent. A copy of said advertising matter is attached hereto as Appendix "A".

2. By means of the advertising matter mentioned above, Respondent expressly and impliedly represents to the public in substance and effect:

a. The "Eat-Well Regimen" is a scientifically sound and effective remedy for obesity.

b. The "Eat-Well Regimen" accomplishes reductions of body weight and fat by means of unrestrictive eating.

c. The "Eat-Well Regimen" incorporates a basically new and different scientific principle or product from all other plans or products intended for the control of obesity.

d. The "Eat-Well Regimen" is a permanent remedy for obesity.

e. The "Eat-Well Regimen" has been scientifically tested, proven and accepted by the medical profession as a safe remedy for obesity.

f. The "Eat-Well Regimen" requires no exercise or will-power or self-control.

g. The "Eat-Well Regimen Dietary Supplement Capsule" contributes to the accomplishment of a reduction in body weight and fat.

3. The aforesaid representations are materially false as a matter of fact.

CONCLUSION OF LAW

Respondent has engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations in violation of 39 U.S. Code, 3005. It is accordingly recommended that an order in the form provided in 39 U.S. Code, 3005 should be issued.