In the Matter of the Complaint Against

 THE HEALTH ENERGETIC CORP.
 1011 Brioso Drive
 at Costa Mesa, CA 92627-4501

 P.S. Docket No. 16/50;  
 
 05/24/84
 
 Cohen, James A.  

 APPEARANCE FOR COMPLAINANT:
 HildaRosenberg, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-1112

 APPEARANCE FOR RESPONDENT:
 Charles F. Abbott, Esq.
 Abbott, Thorn & Hill
 2696 No. University Avenue
 Suite 180
 Provo, UT 84604-3906

On April 27, 1984, Complainant filed a Petition for Orders Based on Breach of Consent Agreement alleging that Respondent has breached the terms of a Consent Agreement executed on April 15, 1983, by Leo Daboub on behalf of the captioned Respondent. Complainant contends that Respondent has breached the terms of the Consent Agreement by resuming the activities which it agreed in the Consent Agreement to discontinue. The name and address which Complainant alleges Respondent uses in conducting the resumed activity and against which it seeks the issuance of orders is: HEALTH ENERGETIC CORP., 1011 Brioso Drive, Costa Mesa, California 92627-4501.

On April 30, 1984, an interim detention order as provided for in paragraph 9 of the Consent Agreement was issued against Health Energetics, Dept. WDT-101, 1011 Brioso Drive, Costa Mesa, California 92627-4501. The interim detention order granted Respondent a period of ten days in which to file a reply to the Petition. No written reply has been filed by Respondent. However, a telephone conference was held at the request of Respondent's counsel, to discuss the issues raised by the Petition. During this conference, Respondent argued that, at most, only a technical breach of the Consent Agreement had occurred, that responses to the advertisement have not been received since early January, 1984, and that the address against which any order should be issued should include the department number used in its advertisement.

The attachments to the Petition establish that Respondent has breached the terms of the Consent Agreement in the manner alleged in the Petition. The breach which has occurred is more than a technical breach and serves as a proper basis for the issuance of the False Representation Order authorized by paragraph 9 of the Consent Agreement. The advertisement attached to the petition which supports the issuance of the False Representation Order seeks remittances to Health Energetics, Dept. WDT-101, 1011 Brioso Drive, Costa Mesa, California 92627-4501. The order issued in this proceeding will be issued against this address.

Accordingly, pursuant to the terms of the Consent Agreement, an Order under 39 U.S.C. § 3005 is being issued with this Decision.