Tadaciinick, Abraham

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IN THE MATTER OF ABRAHAM TABACHNICK, TRADING AS UNEEDA UNDER- WEAR COMPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 3686. Comptaint, Ja.n. 10, 193'9-Decision, May 20, 1939 Where an individual engaged in manufacture, sale, and distribution of ladies' knitted undergarments, to wholesale and retail dealers and other customers in various other States and in the District of Columbia- ( a) RPpresented that certain of his said garments were composed of a mixture of silk and wool, through labels, tags, and markers attached thereto which described same, as case might be, as containing "33%% sllk and wool" and "15% silk and wool," facts being neither garment thus referred to was composed of silk mixed with wool, but said products were composed, respectively, of 92 percent cotton and 8 percent rayon, and 90 percent cotton and 10 percent rayon, and contained no silk, product of cocoon of silkworm, as long understood by purchasing Rnd consuming public generally from said word, and held in high esteem in products made thereof for their preeminent qualities; and (b) Represented certain of said garments as "30% wool and rayon," through use of statements in which word "wool" was accentuated by use of large type and word "rayon" was printed in much smaller type, on labels, tags, and markers, notwithstanding fact that they were not composed of admixture of wool and rayon in proportion represented, but were composed of 78 percent cotton, 9 percent rayon and 13 percent wool; With capacity and tendency to mislead and deceive trade, including wholesale and retail dealers and substantial portion of purchasing public, into er· roneous belief that such representations were true, and that said garments were composed of silk and wool, products of which have established reputation as possessing superior cold resistant qualities over those made from cotton or other. material, and for which there is decided preference on part of purchasers and prospective purchasers of undergarments over other, and of causing such trade and public to purchase said products as result of such erroneous belief thus engendered : Held, That such acts and practices were all to the prejudice of the public and constituted unfair and decepti>e acts and practices in commerce. Before Mr. Edward E. Reardon, trial examiner. /1/r. James L. Fort for the Commission.

Mr. Bernard Austin, of New York City, for respondent. Colli PLAINT Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that Abraham Tabach· UNEEDA UNDERWEAR CO. 1647 1646 Complaint nick, an individual trading as Uneeda Underwear Co., hereinafter referred to as respondent, has violated the provisions of the said act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows: PARAGRAPH 1. Respondent Abraham Tabachnick is an individual trading as Uneeda Underwear Co., with his office and principal place of business located at 335 Van Siclen Avenue, Brooklyn, N. Y. This respondent is now and for more than two years last past has been engaged in the manufacture, sale and distribution of ladies' knitted undergarments. He sells and has sold and distributed such undergarments to wholesale and retail dealers and other customers located in various States of the United States and causes said prodnets, when sold by him to be transported from his place of business in the State of New York to the purchasers thereof located in other States of the United States and in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said products in commerce between and among the various States of the United States and in the District of Columbia.

PAR. 2. In the course and conduct of his business, and in soliciting the sale of and selling his said products, the respondent has represented and is now representing that certain ladies' knitted undergarments manufactured, sold and distributed by him are composed of a mixture of silk and wool, by means of labels, tags, and markers attached to said garments which designate and describe said products as follows:

This garment contains 33Ys% silk and wool. 15% silk and wool.

In truth and in fact, the knitted undergarments designated as containing 331fa percent and wool are not, in fact, composed of silk, the product of the cocoon of the silkworm, admixed with wool, but instead, the said undergarments so designated are, in fact, composed of 92 percent cotton and 8 percent rayon. The undergarments designated as being composed of 15 percent silk and wool are not, in fact, composed of silk, the product of the cocoon of the silkworm, admixed With wool, but instead, contain 90 percent cotton and 10 percent rayon.

PAR. 3. In addition to the above described undergarments, the respondent also manufactures, sells, and distributes certain ladies' knitted undergarments which are designated by means of labels, tags, and markers as being composed of "30% wool and rayon." On these labels, tags, and markers the respondent accentuates the term "wool" Findings 28F. T. C.

by use of large type while the term "rayon" is printed in much smaller type. In truth and in fact, said garments are not composed of an admixture of wool and rayon in the proportion represented by the respondent, but instead, said garments are composed of 78 percent cotton, 9 percent rayon, and 13 percent wool. PAR. 4. The word "silk" has had for many years last past and still has in the minds of the purchasing and consuming public generally a definite and specific meaning, to wit, the product of the cocoon of the silkworm. Silk products for many years have held, and still hold, great public esteem and confidence for their preeminent qualities. Fabrics made of all wool or wool and silk have established a reputation as possessing superior cold resistance qualities over fabrics made from cotton or other materials. Purchasers and prospective purchasers of undergarments on account of such repu· tation have a decided preference for all wool or silk and wool fabrics over fabrics composed in part of cotton.

PAR. 5. The use by the respondent of the representations set forth herein has had and now has the capacity and tendency to mislead and deceive the trade, including wholesale and retail dealers, and a substantial portion of the purchasing public into the erroneous belief that such representations are and were true, and to cause them to purchase said products as a result of such erroneous beliefs engli\ndered as above set forth.

PAR. 6. The aforesaid acts and practices of the respondent as herein alleged are all to the prejudice of the public and constitute :unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on the loth day of January 1939, issued its complaint in this proceeding and caused the complaint to be served upon the respondent, Abraham Tabachnick, an individual trading as Uneeda Underwear Co., charging him with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act.

After the issuance of the complaint, respondt>nt filed his answer, admitting all the material a11E'gations of fact set forth in the com· plaint and waiving all intervening procedure and :further hearing as to the facts. The answer was duly filed in the office of the Com· mission on the 2d day of April1939.

Thereafter this proceeding regularly came on for final hearing before the Commission on the complaint and answer, and the Com· UNEEDA UNDERWEAR CO. 1649 1646 Findings mission having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom.

FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent Abraham Tabachnick, is an individual trading as Uneeda Underwear Co., with his office and principal place of business located at 335 Van Siclen Avenue, Brooklyn, N. Y. This respondent is now, and for more tlum 2 years last past has been, engaged in the manufacture, sale, and distribution o:f ladies' knitted undergarments. He sells, and has sold and distributed, such undergarments to wholesale and retail dealers and other customers located in various Stat~s of the United States, and causes said products, when sold by him, to be transported from his place of business in the State of New York to the purchasers thereof located in other States of the United States and in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said products in commerce between and among the various States of the United States and in the District of Columbia.

PAR. 2. In the course and conduct of his business, and in soliciting the sale of and selling his said products, the respondent has represented, and is now representing, that certain ladies' knitted undergarments manufactured, sold, and distributed by him are composed of a mixture of silk and wool, by means of labels, tags, and markers attached· to said garments, which designate and describe said products as follows:

This garment contains 33Ya% silk and wool. 15% silk and wool.

In truth and in fact, the' knitted undergarments designated as containing 33% percent silk and wool are not, in fact, composed of silk, the product of the cocoon of the silkworm, admixed with wool, but instead, the said undergarments so designated are, in fact, composed of 92 percent cotton and 8 percent rayon. The undergarments designated as being composed of 15 percent silk and wool are not, in fact, composed of silk, the product of the cocoon of the silkworm, admixed 'With wool, but instead, contained 90 percent cotton and 10 percent rayon.

PAR. 3. In addition to the above-described undergarments, the respondent also manufactures, sells, and distributes certain ladies' knitted undergarments which are designated by means of labels, tags, Order 28F.T.C.

and markers, as being composed of "30 percent wool and rayon." On these labels, tags, and markers the respondent accentuates the term "wool" by use of large type while the term "rayon" is printed in much smaller type. In truth and in fact, said garments are not composed of an admixture of wool and rayon in the proportion represented by the respondent, but instead, said garments are com· posed of 78 percent cotton, 9 percent rayon and 13 percent wool. PAR. 4. The word "silk" has had for many years last past, and still has, in the minds of the purchasing and consuming public generally a definite and specific meaning, to wit: The product of the cocoon of the silkworm. Silk products for many years . have held, and still hold, great public esteem and confidence for their preeminent qualities. Fabrics made of all wool or wool and silk have established a reputation as possessing superior cold resistance qualities over fabrics made from cotton or other material. Pur· chasers and prospective purchasers of undergarments, on account of such reputation, have a decided preference for all wool or silk and wool fabrics over fabrics composed in part of cotton. PAR. 5. The use by the respondent of the representations set forth herein has had, and now has, the capacity and tendency to mislead and deceive the trade, including wholesale and retail dealers, and a substantial portion of the purchasing public into the erroneous belief that such representations are, and were, true, and to cause them to purchase said products as a result of such erroneous beliefs engen· dered as above set forth.

CONCLUSION The aforesaid acts and practices of the respondent, as herein found, are all to the prejudice of the public and constitute unfair and decep· tive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Com· mission upon the complaint of the Commission, and the answer of respondent, in which answer respondent admits all the material allegations of fact set forth in said complaint and states that he waives all intervening procedure and future hearings as to the said facts, and the Commission having made its findings as to the facts and conclu· sion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, Abraham Tabachnick, individ· ually and trading as Uneeda Underwear Co., or under any other name UNEEDA UNDERWEAR CO. 1651 1646 Order or names, his representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of ladies' knitted undergarments and other similar apparel in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Using the word "silk" or any other word or words of similar import or meaning to designate or describe any fabric or other product which is not composed wholly of silk, the product of the cocoon of the silkworm; or from using the word "wool" or any other word or Words of similar import or meaning to designate or describe any fabric or other product which is not composed wholly of wool; or from using the words "silk and wool" or any other words of similar import or meaning to designate or describe any fabric or other product which is not composed wholly of silk, the product of the cocoon of the silkworm, combined solely with wool; except that in the case of a fabric or product composed in part of silk or in part of wool, or in part of silk and in part of wool, and in part of a material or materials other than silk and wool, such words may be used as descriptive of the respective silk and wool content if there is used in immediate connection therewith in letters of equal size and conspicuousness a word or words accurately describing and designating each constituent fiber or material thereof in the order of its predominance by weight beghming with the largest single constituent. 2. Representing that any fabric or other product has a stated percentage of silk and wool or silk or wool unless in fact such fabric or product does contain silk and wool or silk or wool in the proportions stated.

3. Advertising, offering for sale, or selling, fabrics or any other products composed in whole or in part of rayon, without clearly disclosing the fact that such fabrics or products are composed of rayon and when such fabrics or products are composed in part· of rayon and in part of other fibers and materials, such fibers or materials, including the rayon, shall be named in the order of their predominance by weight, beginning with the largest single constituent. This order shall not be construed as permitting the use of the unqualified word "silk" to designate, describe or refer to weighted silk. This order shall not be construed as permitting the use of the unqualified word "wool" to designate, describe or refer to any wool which is not virgin or unused wool.

It i8 further ordered, That the respondent shall, within 60 days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with this order.

Complaint 28F. T.C.