In the Matter of the Complaint Against STANDARD RESEARCH LABORATORIES Post Office Box 9547 at Fort Lauderdale, FL 33310 P.S. Docket No. 7/48; 09/24/80 Cohen, James A.
Mail Stop Order No. 80-50 was issued on April 4, 1980, in accordance with a Postal Service Decision which found that Respondent, by means of advertisements for its product "Biotin Solution Hair Restoration Gel," was engaged in a scheme for obtaining money through the mail by means of materially false representations. The Mail Stop Order was issued against Respondent at Post Office Box 9547, Fort Lauderdale, FL 33310.
On May 30, 1980, Complainant filed a Petition For Supplemental Order alleging that Respondent was attempting to evade the effect of Mail Stop Order No. 80-50 by conducting a similar enterprise at P. O. Box 5009, Pompano Beach, FL 33064. Respondent through its counsel filed a timely answer to the Petition For Supplemental Order. Subsequently, counsel for Complainant and Respondent have agreed to the entry of a Supplemental Order as follows:
1.
"Exhibit '1' attached to Petition For Supplemental Order is a form of reorder envelope previously used by Respondent as an enclosure in packages shipped to customers.
2.
Respondent uses and has used a total of nine (9) reorder envelopes, seven (7) of which are clearly coded and do not make the same claims or claims substantially similar to those found to be materially false by Postal Service Decision and Order No. 80-50.
3.
Those seven (7) coded reorder envelopes addressed to Standard Research Laboratories, Inc. at P. O. Box 5009, Pompano Beach, Florida 33064, i.e. BPA1, BP11, PP01, SRPB, ACS3, BSJE, and BJ01 are not subject to Postal Service Decision and Order No. 80-50 and shall not be held pursuant to this Petition For Supplemental Order.
4.
That uncoded reorder envelope addressed to Standard Research Laboratories, Inc. at P. O. Box 5009 but being improperly addressed to Fort Lauderdale, Florida with a Pompano Beach zip code, i.e. 33064, is not subject to Postal Service Decision and Order No. 80-50 and shall not be held pursuant to this Petition For Supplemental Order.
5.
The one remaining reorder envelope which is uncoded and which bears the address Standard Research Laboratories, Inc., P. O. Box 5009 Pompano Beach, Florida 33064 does make claims substantially similar to those found to be false by Postal Service Decision and Order No. 80-50 and is by virtue of the Petition For Supplemental Order appropriate for the issuance of a Supplemental Order under 39 U.S.C. Code § 3005 and § 952.30 of the Rules of Practice against:
Uncoded reorder envelopes addressed to:
Standard Research Labs
P. O. Box 5009
Pompano Beach, Florida 33064"
The agreement of counsel for the parties establishes an appropriate basis for the disposition of Complainant's Petition For Supplemental Order. Accordingly, an order in the form agreed to by counsel for the parties is issued contemporaneously with this decision.