Appeal of P.S. Docket No. 7/76 -- STANDARD RESEARCH LABS


 In the Matter of the Complaint Against

 STANDARD RESEARCH LABS
 Post Office Box 9547 at 
 Fort Lauderdale, FL 33310

 P.S. Docket No. 7/76;  

 08/22/80

 Cohen, James A.  

 APPEARANCE FOR COMPLAINANT:
 ThomasA. Ziebarth, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260

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

POSTAL SERVICE DECISION

ON PETITION FOR SUPPLEMENTAL ORDER

Prior proceedings in this matter led to the issuance of Mail Stop Order No. 80-142 dated June 26, 1980, against mail addressed to Standard Research Labs, Post Office Box 9547, Fort Lauderdale, FL 33310, in connection with the sale of the product "Calcium Pangamate (B 15)."

On July 16, 1980, Complainant filed a petition for supplemental order, with attachments, alleging in effect that Respondent is evading or attempting to evade the provisions of Mail Stop Order No. 80-142 by conducting the same or a similar enterprise under the same name at two additional addresses. The addresses at which the petition alleges the same or a similar enterprise is being conducted and against which the supplemental order is requested to be issued are Post Office Box 9667, Ft. Lauderdale, FL 33310 and Post Office Box 5009, Pompano Beach, FL 33064.

By notice dated July 17, 1980, Respondent was notified that if it intended to oppose the petition for supplemental order it could file its answer not later than 10 calendar days from the date of receipt of the petition. The petition was delivered to Respondent's counsel on July 23, 1980. No answer to the petition was filed by Respondent within the time allowed or as of the date of this decision.

Respondent's failure to file an answer to the petition indicates its intent not to oppose the petition. In addition, by the attachments to the petition, a prima facie showing has been made that Respondent is evading or attempting to evade the provisions of Mail Stop Order No. 80-142 by conducting the enterprise which is the subject of the order at two additional addresses. Accordingly, a supplemental mail stop order against Respondent at the addresses alleged in the petition is being issued contemporaneously with this decision.