In the Matter of the Complaint Against WEIGHT-LOSS PRODUCTS and WEIGHT-LOSS PRODUCTS, INC. 39 Orchard Street at Manhasset, NY 11030 P.S. Docket No. 9/42; 08/10/81 Cohen, Jams A. APPEARANCE FOR COMPLAINANT: Daniel E.Lewis, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1100 APPEARANCE FOR RESPONDENT: Fred Schwartz, Esq. 420 Jericho Turnpike Jericho, NY 11753
On July 14, 1981, Complainant filed a Petition for Mail Stop Order Based upon Breach of Consent Agreement in which it alleged that Respondent had breached the terms of a Consent Agreement dated October 9, 1980. According to Complainant, Respondent, by means of direct mail circulars seeking remittances toCove PharmacalSales, Inc., 95M South Hoffman Lane, CentralIslip, NY 11722, continues to make the representations it agreed to discontinue. Complainant supports its Petition with attachments thereto and other documentation previously made a part of the record.
In its Petition, Complainant sought the issuance of a temporary detention order. On the basis of the information forwarded with the Petition and the additional documentation in the file, a temporary detention order was issued on July 15, 1981.
By Order dated July 15, 1981, Respondent was granted a period of 10 days in which to respond to Complainant's Petition. No response has been filed by Respondent.
Complainant has made a prima facie showing that Resondent under the name Cove Pharmacal Sales, Inc., at 95M South Hoffman Lane, Central Islip, NY 11722 has breached the terms of the Consent Agreement in the manner alleged in the Petition. Accordingly, pursuant to the terms of the Consent Agreement, an Order under 39 U.S.C. § 3005 is being issued contemporaneously with this Decision.