In the Matter of the Complaint Against ALL PRODUCTS UNLIMITED, INC. P. O. Box 162 - B.V. Station at Miami, Florida 33137 P.O.D. Docket No. 2/157; 04/20/78 Duvall, William A.
Complainant has filed a Petition For Supplemental Orders or For Orders Based On Breach of Compromise Agreement and Affidavit of Discontinuance alleging that Respondent, doing business as ALL PRODUCTS UNLIMITED, INC., at the address set forth in the caption hereof, and H & M PHARMACEUTICALS, P. O. Box 370-352, B.V. Station, Miami, Florida 33137, is evading or attempting to evade the effect of Order No. 66-117, dated June 29, 1966, or is violating the terms of an Affidavit of Discontinuance, dated December 2, 1966, and a Compromise Agreement, dated December 29, 1969, by using the trade styles ALL PRODUCTS UNLIMITED, INC., Post Office Box 162, Buena Vista Station and H & M PHARMACEUTICALS, Post Office Box 370-352, B.V. Station, Miami, Florida 33137, in the sale through the mails of various so-called love potions, sexual restoratives and stimulants, and similar nostrums as part of a scheme which is the same or substantially identical to the schemes heretofore the subject of mail-stop orders or heretofore agreed to be discontinued and abandoned.
Notice of the Petition was served upon the Respondent at the names and addresses shown in the Petition. Respondent was advised in that Notice of its right to file an answer within 10 days. Return receipts reflect that the Notice was served in each case on April 7, 1978.
No answer was filed, but on April 18, 1978, there was received a letter, addressed to the United States Postal Service, dated April 13, 1978, and signed by S. Sid Hoffman, as President of both All Products Unlimited, Inc., and H & M Pharmaceuticals. In this letter, which referenced P.O.D. Docket No. 2/157, Respondent advised that it, under both names appearing in the prayer of the Petition, "does not desire to oppose the issuance of the Order requested in these proceedings" and does not wish to proceed further in this cause or to continue the actions complained of.
Based upon Respondent's consent to the issuance of the requested Order and the stated lack of desire to continue the actions complained of, and because of the long-continued and aggravated nature of the activities of Respondent in violation of sworn agreements as established by the Petition and its accompanying exhibits, it is concluded that the issuance of a supplemental order is appropriate.
Accordingly, mail-stop Order No. 66-117, dated June 29, 1966, is being expanded to cover (a) the names and addresses:
ALL PRODUCTS UNLIMITED, INC.
Post Office Box 162
Buena Vista Station
and
H & M PHARMACEUTICALS
Post Office Box 370-352, B.V. Station
at
Miami, Florida 33137
and (b) all mail received addressed to Respondent in response to any advertisement for the product represented as an aphrodisiac, sexual stimulant or restorative, or a treatment, remedy or cure for sexual disorders.