Feldman & Sons

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IN THE MATTER OF DAVID FELDMAN, INDIVIDUALLY AND TRADING AS FELDMAN & SONS COMPLAINT AND ORDER IN REGARD TO TIIE ALLEGED VIOLATION OF SEC. 15 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 2016. Con~plaint, Nov. 30, 193!-order, Apr. 10, 1933 Consent order requiring respondent lndlvldual, his representatives, agents and employees, in connection with sale or offer In Interstate commerce, of men's shirts, to cease and desist from using words " fast color " or " commercial fast color" or other words of like Import In describing, advertising or labeling product In question unless color or dye therein, " is a true fast color and will not fade or blanch when subjected to laundering." Mr. Jlenry 0. Lank for the Commission.

Mr. Erwin I. Feldman, of Baltimore, l\Id., for respondent. Complaint Acting in the public interest, pursuant to the provisions of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", the Federal Trade Commission charges that David Feldman, individually and trading as Feldman & Sons, hereinafter referred to as respondent, has been and is using unfair methods of competition in interstate commerce in violation of the provisions of section 5 of the said act, and states its charges in that respect as follows:

PARAGRAPH 1. Respondent is an individual trading under the name of Feldman & Sons with his office and principal place of business located in the city of llaltimore, State of Maryland. Respondent is now and for more than 2 years last past has been engaged in the manufacture of men's shirts and in the sale and distribution thereof to retail dealers and jobbers located at points in the various States of the United States and causes said shirts when so sold to be transported from his principal place of business in the State of Maryland into and through other States of the United States to the purchasers thereof at their respective points of location. In the course and conduct of his said business respondent is in competition with other individuals, partnerships and corporations enga.ged in the manufac- 'ture of men's shirts and in the sale and distribution thereof in interstate commerce.

PAn. 2. In the sale and distribution of his shirts throughout the United States as hereinabove described, respondent has caused and still causes large and substantial numbers of said shirts to be adver- FELDMAN & SONS 327 326 Complaint tised, offered for sale, sold and distributed under the following designations, descriptions and representations, to wit: Fast Color 100 x GO Fast Color Broadcloth Shirt 100 x 60 Broadcloth Commercial Fast Color PAR. 3. The truth and fact is that said shirts represented and marketed by respondent as "Fast Color " and " Commercial Fast Color " are not manufactured from cloth which is a true fast color nor from materials which have been vat dyed. The said shirts so advertised will fade or blanch when subjected to laundrying. PAn. 4. The respondent has caused the said designations, descriptions, and representations to be stamped on the neck band of said shirts or to be woven or printed on labels which are sewed in the collar of said shirts and has caused the said designations, descriptions and representations to be printed on paper bands which are placed around the said shirts before delivery to respondent's customers. The above designations, descriptions, and representations come to the attention of the consuming or purchasing public by reason of the above practices of the responident. The terms " Fast Color" and" Commercial Fast Color" when u,sed in connection with shirts mean to the consuming or purchasing public that the said shirts are made from cloth which is dyed a true fast color and which will not fade or blanch when subjected to launudrying. PAn. 5. Respondent's advertising, describing, representing, offering for sale and selling the said shirts as Fast Color and Commercial Fast Color as heretofore described are false, misleading, and deceptive and have the capacity and tendency to mislead and deceive large and substantial numbers of the purchasing and consuming public into purchasing said shirts in the erroneous belief that the said shirts are true fast color and will not fade or blanch when subjected to laundrying.

PAn. G. The use by the respondent of the false, misleading, and deceptive representations, statements, and descriptions as hereinabove set forth constitute practices or methods of competition which tend to and do (a) prejudice and injure the public, (b) unfairly divert trade from and otherwise prejudice and injure respondent's competitors, and (c) operate as a restraint upon and a detriment to the freedom of fair and legitimate competition in the business of the marketing of shirts.

PAn. 7. Said false, misleading, and deceptive acts, practices, and methods of respondent under the circumstances and conditions hereinabove alleged are unlawful and constitute unfair methods of com- Order 17 F.T.C.

petition in commerce within the 1nt€nt and meaning of section 5 of the act of Congress entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", approved September 26, 1914.

ORDER TO CEASE AND DESIST This proceeding having been considered by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondent in which answer respondent consents that the Commission may make, enter, and serve upon said respondent an order to cease and desist from the violations of law charged in the complaint, It is now ordered, That the respondent, David Feldman, individually and trading as Feldman & Sons, his representatives, agents, and employees do cease and desist from using the words" fast color" or "commercial fast color" or other words of like impo1t in describing or advertising, or on the labels of, the men's shirts which~1 he sells ot· offers for sale in interstate commerce unless and until the colat· or dye in the said shirts is a true fast color and will not fade or blanch when subjected to laundering.

It is further ordered, That the said respondent within 60 day.-; from the date of service upon him of this order shall file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with the order to cease and desist hereinabove set forth.

H. MICHELSEN CO., INC. 329 Complaint