Klaytan W. Kirby v. Leslie N. Shaw, Individually and as Post-Master of the City of Los Angeles, State of California

On November 23,1962, following a full trial-type hearing, the Judicial Officer of the Post Office Department issued a fraud order under 74 Stat. 654 (1960), 39 U.S.C.A. § 4005 , denying use of the mails to appellant, who Was doing business under the name “Science of Life,” for the sale of pills called “Stagg Bullets.” The order was based upon a finding that appellant had fraudulently misrepresented that the product was capable of restoring sexual potency.

On March 9,1964, the General Counsel of the Department filed a petition with the Judicial Officer seeking the issuance of a “supplemental order” pursuant to Rule 30 of the Department’s Rules of Practice applicable to fraud order proceedings, 39 C.F.R. § 201.30 .

The petition alleged that appellant was distributing through the mail an advertising circular “offering for sale essentially the same product based on essentially the same misrepresentations as previously employed.” The product was now called “Formula AZ-696 Activators”; and was distributed by appellant under the name “Eroe Druid (G.A.).” The petition stated that “According to the report of our medical expert dated February 20, 1964, the formula of the current product…