In the Matter of the Complaint Against

 R. J. INDUSTRIES
 P. O. Box 19055 at
 San Diego, CA 92119

 P.S. Docket No. 2/191; 

 APPEARANCES:
 For Complainant:
 Lee H. Harter, Esq.
 Washington, D.C.

 For Respondent:
 Lee A. Freeman, Esq.
 Freeman, Freeman, Freeman & Hernand
 Los Angeles, California

This proceeding under 39 U.S.C. 3005 was instituted by a complaint of the General Counsel charging Respondent with obtaining money or property through the mails by means of false representations in the marketing of its product "Kaminomoto" alleged to be a hair restorer.

Although Respondent filed an answer through an attorney, neither Respondent nor anyone on his behalf appeared at the hearing. Consequently Complainant's evidence was uncontested at the hearing. Upon conclusion of the hearing, the Administrative Law Judge issued an oral decision, subsequently reduced to writing, upholding all of the allegations of the complaint.

Respondent's contentions on appeal center on alleged insufficiency of the evidence to support the Administrative Law Judge's findings.

Complainant's medical expert testified unequivocally that Respondent's product "Kaminomoto" could not produce the effects claimed and satisfactorily explained the basis for his conclusions. The Chief Administrative Law Judge gave full credit to that testimony. I see no basis for concluding it was wrong to do so. That evidence was sufficient to support the findings of falsity. If Respondent wished to urge that some ingredient in his product would have the effect claimed, he should come forward with evidence to refute that produced by Complainant.

Respondent did not request the hearing to be held outside the City of Washington, as he had a right to do, under section 952.15 of the Rules of Practice (39 C.F.R. 952.15). His contention that he was not given opportunity to contest the matter elsewhere, therefore, is without merit.

Respondent's exceptions are denied and the Initial Decision is affirmed. Respondent is engaged in a scheme or device for obtaining money or property through the mail by means of false representations. A remedial order pursuant to 39 U.S.C. 3005 is being issued contemporaneously with this decision.

06/11/74

Wenchel, Adam G.