In the Matter of the Complaint Against

 COTNER DISTRIBUTORS
 2316 Cotner Avenue at
 Los Angeles, California 90064

 P.S. Docket No. 6/147
 
 01/15/79
 
 Cohen, James A.  

During the hearing in this matter before Chief Administrative Law Judge William A. Duvall the parties entered into a stipulation whereby it was agreed:

"1. that, without Respondent's admitting the truth of any of the allegations contained in the Complaint on file herein, evidence is deemed produced in support of all of the allegations contained in said Complaint and Respondent offers no evidence in contravention thereof;

2. That pursuant to the evidence deemed produced at the hearing on the Complaint herein on December 11, 1978, at 10:00 a.m., an Order pursuant to 39 U.S. Code § 3005 may issue;

3. Testimony having been given by Floyd Clemens, owner and proprietor of the Respondent company herein, that in fact he receives no more than five (5) or six (6) orders per week in response to the advertising which is the subject of the Complaint herein, out of a total of approximately seven hundred (700) letters per week, and further predicated upon his representation and agreement to hereafter return any and all responses including but not limited to monies paid in response to said advertisements and mark same with the following notice:

'Dear Customer,

We are returning your order and remittance for the Stay-Hard Guardian. The United States Postal Service has found that the representations made with regard to this product are false.'

4. That in returning any responses or monies paid in response to the advertisement which is the subject of the Complaint herein, Respondent shall not submit any advertising with regard to any product whatsoever; and

5. Predicated upon each of the foregoing the Order made to be made herein may be vacated."

The matter has been referred to the Judicial Officer by the Chief Administrative Law Judge for decision and order in accordance with the stipulation of the parties.

The stipulation of the parties is accepted by the Judicial Officer and a remedial order under 39 U.S. Code § 3005 is being issued herewith. Simultaneously, by issuance of Supplement A, the order is vacated and mail addressed to Respondent is to be delivered to Respondent for handling and disposition in accordance with the stipulation of the parties.