In the Matter of the Complaint Against

 AMERICAN HEALTH PRODUCTS, and FORMULA-12
 P. O. Box 9669 at
 Atlanta, GA 30319

 P.S. Docket No. 7/101;  
 
 11/24/80
 
 Cohen, James A.  

 APPEARANCE FOR COMPLAINANT:
 Daniel S. Greenberg, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260

 APPEARANCE FOR RESPONDENT:
 Christopher S. Barnard, Esq.
 Katz, Paller and Land
 470 East Paces Ferry Road
 Atlanta, GA 30305

Prior proceedings in this matter led to the issuance of Mail Stop Order No. 80-36 dated March 24, 1980, against mail addressed to American Health Products and Formula-12, P. O. Box 9669, Atlanta, GA 30319, in regard to the sale of the product _Formula-12 (in tablet form)."

On July 30, 1980, Complainant filed a Petition for Supplemental Order, with attachments, alleging that Respondent is evading or attempting to evade the provisions of Mail Stop Order No. 80-36 by conducting the same scheme under different names at different addresses. The names and addresses at which the petition alleges the same scheme is being conducted and against which the supplemental order is requested to be issued are:

(1) Braswell, Inc.
P. O. Box 10064
Atlanta, GA 30319

(2) Formula-12
P. O. Box 52977
and

470 E. Paces Ferry Rd.
Atlanta, GA 30355

(3) Formula-12
P. O. Box 11627
Atlanta, GA 30305

(4) Quest Research
P. O. Box 49078
Atlanta, GA 30329

(5) Quest Research
P. O. Box 49024
Atlanta, GA 30329

(6) Quest Research
P. O. Box 10225
Atlanta, GA 30319

The petition alleges, in effect, that "Braswell, Inc.," "Formula-12," and "Quest Research" are the same promote as American Health Products and Formula-12, against which Mail Stop Order No. 80-36 was issued. The petition also alleges that the attachments thereto, Exhibits A-F, are advertisements soliciting the purchase of "Formula-12" tablets based on the same representations that were previously found to be false.

Respondent has filed an answer admitting the allegations in the petition, but alleging that the publication of the advertisements identified as Exhibits "B" and "C" predates the issuance of Mail Stop Order No. 80-36. Therefore, it is argued, those two advertisements were not placed in an attempt to evade a false representation order.

The petition does not state the dates of publication of the advertisements, and there is nothing in the record to rebut Respondent's answer with respect to Exhibits "B" and "C." However, the fact that the publication of the advertisements predates Mail Stop Order No. 80-36 does not, as Respondent contends, preclude a finding that Respondent is evading or attempting to evade the provisions of that order. The order clearly states that Postal Money Orders drawn to Respondent and mail addressed to Respondent are subject to the order unless determined to be "unrelated to the above-described activities," i.e., sale of "Formula-12" in tablet form. Thus, where mail or money orders which relate to the activities described in the mail stop order are received by Respondent, the order is being evaded even though resulting from advertising published prior to the date of the order. Therefore, Exhibits "B" and "C" serve as a proper basis for the issuance of a supplemental order. See Vitahair, P.S. Docket No. 6/76 (P.S.D. Jan 16, 1979).

There being no other controversy respecting the names and addresses in the petition, it is concluded that Respondent is evading or attempting to evade the provisions of Mail Stop Order No. 80-36 by conducting the scheme which is the subject of the order under different names and addresses. Accordingly, a supplemental mail stop order against Respondent, under the names and addresses alleged in the petition is being issued contemporaneously with this decision.