Pirk, Julius M

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IN THE MATTER OF JULIUS M. FIRK, TRADING AS STRAUSS TAILORING COM- PANY, FEDERAL TAILORING COMPANY, BELL TAILOR- ING COMPANY AND ARLIN TAILORING COMPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATIO~ OF SEC. 5 OF .AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 3788. Complaint, Moy 11, 1939-Decision, Allfl. I!, 1939 Where an individual engageu, under various traue names, in manufacture, sale, and distribution of suits and other clothing for men, and in selling his said products to purchasing public in various States directly and through merchant tailors who displayed samples of his cloth, took measurements of individual customers, and sent same to his place of business for making up into suits and other articles of clothing for men; in furtherance of practice of falsely representing constituent fiber or material of which his said clothing was made, and to induce purchase of l1is clothiJJg, and in endeavor to aid such merchant tailors to procure customers' orders therefor- ( a) Caused false statements and representations purporting to be descripth·e of his said clothing and its constituent fibers or materials to be inserted on swatch cards, markers, price lists, and cir·culars distributed among purchasers and prospective purchasers, and thus repl·esented, among other things, through placing on swatch cards and in various auvertising circulars statements "Guaranteed All ·wool," "'Voolens of Quality," and "Super Quality Worsteds," that the fabrics so described were composed entirely of "Wool, .. definite and specific meaning of which word, unqualified, to purchasing orconsuming public, is virgin or unused, as distinguished from reclaimed, wool; Facts being they were not all wool, for purchase of which, by reason of established reputation for superior-resistance to cold and wearing qualities, there is decided preference in suits and other clothing for men over- fabrics composed in part of cotton, rayon or other fiber, but were composed only in part of wool, and in part of rayon or other materials; and (b) Represented that lining used in manufacture of his said clothing was composed predominantly of silk, product of cocoon of silkworm, nnd thus represented, through practice, among others, of placing on swatch cards or In various advertising circulars and other printed matter statements such as ''Silk Celanese Sleeve and Body Lining," "Silk Celatate Sleeve and Body Lining," and "Silk Rayon Sleeve and Body Lining," that fabrics or linings thus described were composed predominantly of silk ns aforesaid; Facts being they were not composed of silk, as long understood by purchasing and consuming public from unqualified use of word as meaning unweighted silk, and were not suit linings composed of silk, held In great public esteem and confidence for its wearing qualities and decidedly preferred by purchasers and prospective purchasers over those linings composed of cotton, rayon, or other fibers, but were composed entirely of rayon, of presence of which, with appearance and feel of silk so as to be practically Indistinguishable therefrom by purchasing public, said public was not advised through trade or coined names designating method of manufacture, used alone or in I STRAUSS TAILORIXG CO., ETC. 519 518 Complaint conjunction with word "silk," and which were not sufficiently known to or unuerstood by it to be readily identified as designating rayon; With capacity and tendency to mislead and deceive substantial portion of purchasing public into erroneous belief that such representations were true, and that he truthfully represented constituent fiber or material of his clothing, and to cause them to purchase snme as result of erroneous belief thus engendered :

lir:ld, That such acts anti practices were all to the prejudice of the public and constituted unfair and deceptive acts and practices in commerce. !1/r. J.D. /{ash for the Commission.

lllr. Juliu.'J J. Schwartz, of Chicago, Ill., for respondent. Co:upr.AINT Pursuant to the provisions of the Federal Trade Commission Act, nn<l by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that Julius M. Firk, an individual, trading as Strauss Tailoring Co., Federal Tailoring Co., Dell Tailoring Co., and Arlin Tailoring Co., hereinafter referred to as respondent, has violated the provisions of 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. Julius M. Firk is an individual, trading and doing business under the name of Strauss Tailoring Co., Federal Tailoring Co., Dell Tailoring Co., and Arlin Tailoring Co., with his principal place of business located at 224 South ·wells Street, Chicago, Ill. PAR. 2. In the course and conduct of his aforesaid businesses, respondent, Julius M. Firk, is, and for several years last past has been, engaged in the manufacture, sale, and distribution of suits and other clothing for men. Sales of such products are made directly and through tailor merchants to the purchasing public located in various States of the United States and in the District of Columbia. Said merchant tailors display sainplcs of respondent's cloth, take measurements of the individual customer, and send same to respondent's place of business in Chicago, Ill., where said orders are made up into suits a.nd other articles of clothing for men. Respondent causes said products, when sold, to be transported from his said place of business in Chicago, Ill., to purchasers thereof located in other States of the United States and in the District of Columbia. . PAR. 3. 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.

520 FEDERAL TRADE CmlMISSION DECISIONS ComrJlaint 29F. T. C. PAR. 4. In the course and conduct of his said business the respondent has engaged in the practice of falsely representing the constituent fiber or material of which the clothing sold and distributed by him is made by means of false representations on swatch cards, markers, price lists, and in various advertising matter and by failure to disclose the rayon content of certain of his clothing. In furtherance of this practice and for the purpose of inducing the purchase of his clothing and endeavoring to aid merchant tailors to procure customers' orders therefor, respondent has caused false statements and representations purporting to be descriptive of such clothing • and its constituent fiber's or materials to be inserted on swatch cards, markers, price lists, and circulars distributed among purchasers and prospective purchasers of said clothing.

P .AR. 5. Among and typical of the acts and practices above described the respondent represents certain of his fabrics as being composed entirely of wool when in fact said fabrics are composed in part of wool and in part of other materials. As an example of this practice the respondent places on swatch cards and in various advertising circulars the following descriptive statements:

Guaranteed all wool.

Woolens of quality.

Su11er quality worsteds.

Dy this means the respondent represents that the fabrics so d~scribed are composed entirely of wool when in truth and in fact the fabrics so described are composed only in part of wool and in part of cotton, rayon, or other materials.

P .AR. 6. Another and typical act and practice engaged in by the respondent in falsely representing his products and fabrics is the representation that the lining material used by the respondent in the manufacture of his clothing is composed predominantly of silk, the product of the cocoon of the silkworm. As an example of this practice respondent places on swatch cards and in various advertising circulars and other printed matter the following statements as descriptive of his lining material:

Rilk celanese sleeve and body lining.

Silk celatate sleeve and body lining.

Silk rayon sleeve and body lining.

By this means the respondent represents that the fabrics or linings so described are composed predominantly of silk, the product of the cocoon of the silkworm, when in truth and in fact said fabrics or lining material are composed entirely of rayon.

PAn. 7. 0\·er a period of many years fabrics made of all-wool or woolen materials have established a reputation of possessing superior cold-resistant and wearing qualities over fabrics made from cotton or STRAUSS TAILORING CO., ETC. 521 518 Findings II other fibers. Purchasers and prospective purchasers of suits and other clothing for men on account of such reputation have a decided preference for such all-wool or woolen fabrics over fabrics composed in part of cotton, rayon, or other fibers. The unqualified word "wool" has in the minds of the purchasing and consuming public the definite and specific meaning of virgin or unused wool as distinguished from reclaimed wool.

The word "silk" for many years last past has had and still has in the minds of the purclutsing and consuming public generally a definite and specific meaning as being the product of the cocoon of the silkworm. The unqualified word "silk" has in the minds of the purchasing and consumi11g public the definite and specific meaning of unweighted silk or silk which has not been subjected to the process of a metallic Lath. Suit lining composed of silk has held and still holds great public esteem and confidence for its wearing qualities and purchasers and prospective purchasers on account of such reputation have a decided preference for silk linings over linings composed of cotton, rayon, or other fibers.

The word "rayon" is the name of a chemical fiber or fabric which resembles silk in that it has the appearance and feel of silk and is by the purchasing public practically indistinguishable from silk. By reason of these ftnalities rayon when not designated as such is readily believed and accepted by the pmchasing public as being silk, the product of the cocoon of the silkworm. "Then trade or coined names or names designating the method of manufacture are used alone or in conjunction with the word "silk" as descriptive of a rayon fabric or lllaterial, such words are not sufficiently known to or understood by the public to be readily identified as designating rayon. PAR. 8. The use by respondent of the representations set forth herein has had and now has the capacity and tendency to mislead and deceive a substantial portion of the purchasing public into the erroneous belief that such representations are true and that the respondent has truthfully represented the constituent fiber or material of his clothi1lg and to cause them to purchase respondent's clothing as a result of the erroneous belief engendered as above set forth. PAR. 9. 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 Tile FACT.;;, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, 1he Federal Trade Commission on the 11th day of May 1939, issued, 522 FEDERAL TRADE COMMISSION DECISIOXS Findings 29F.T.O.

and on the 15th day of l\Iay 1939, served its complaint in this proceeding upon Julius l\1. Firl{, an individual trading as Strauss Tailoring Co., Federal Tailoring Co., Bell Tailoring Co., and Arlin Tailoring 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 said complaint and the filing of respondent's answer, the Commission by order entered herein grunted respondent's motion for permission to withdraw said answer and to .substitute therefor an answer admitting all the material allegations <lf fact set forth in said complaint and waiving all intervening pro- -cedure and further hearing as to said facts, which substitute answer was duly filed in the office of the Commission. Thereafter, this proceeding regularly came on for final hearing before the Commission -on said complaint and substitute answer, and the Commission having .July 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. Julius l\1. Firk is an individual trading and doing business under the names of Strauss Tailoring Co., Federal Tailoring Co., Bell Tailoring Co., and Arlin Tailoring Co., with his principal place of business located at 224 South Wells Street, Chicago, Ill. PAR. 2. In the course and conduct of his aforesaid business respondent, Julius l\1. Firk, is, and for several years last past has been engaged in the manufacture, sale, and distribution of suits and other clothing for men. Sales of such products are made directly and through tailor merchants to the purchasing public located in various States of the United States and in the District of Columbia. Said merchant tailors display samples of respondent's cloth, take measurements of individual customers, and send same to respondent's place of business in Chicago, Ill., where said orders are made up into suits and other articles of clothing for men. Respondent causes said products when sold to be transported from his said place of business in Chicago, Ill., to purchasers thereof located in other States of the United States and in the District of Columbia.

PAR. 3. 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.

STRAUSS TAILORING CO., ETC. 523 tilS Findings PAR. 4. In the course and conduct of his said business the respondent I. has engaged in the the practice of falsely representing the constituent fiber or material of which the clothing sold and distributed by him is made by means of false representations on swatch cards, markers, price lists, and in various advertising matter and by failure to disclose the rayon content of certain of his clothing. In furtherance of this practice and for the purpose of inducing the purchase of his clothing and endeavoring to aid merchant tailors to procure customers' orders therefor, respondent has caused false statements and representations purporting to be descriptive of such clothing and its constituent fibers or materials to be inserted on swatch cards, markers, price lists, and circulars distributed among purchasers and prospective purchasers of said clothing.

PAR. 5. Among and typical of such acts and practices as above described the respondent represents certain of his fabrics as being composed entirely of wool, when in truth and in fact said fabrics are composed in part of wool and in part of other materials. As an example of this practice, the respondent places on swatch cards and in various advertising circulars the following descriptive statements: Guaranteed All Wool Woolens of Quality Super Qnnlity 'Vursted~ By this means the respondent represents that the fabrics so described are composed entirely of wool, when in truth and in fact the fabrics so described are composed only in part of wool and in part of rayon or other materials.

PAR. 6. Another and typical act and practice engaged in by the respondent in falsely representing his products or fabrics is the representation that the lining material used by the respondent in the lllanufacture of his clothing is composed predominantly· of silk, the product of the cocoon of the silkworm. As an example of this practice the respondent places on swatch cards or in various advertising circulars and other printed matter the following statements as descriptive of his lining material: "Silk Celanese Sleeve and Body Lining," "Silk Celatate Sleeve and Body Lining," and "Silk Rayon Sleeve and Body Lining." By this means the respondent represents that the fabrics or linings so described are composed predominantly of silk, the product of the cocoon of the silkworm, when in truth and in fact said fabrics or lining materials are composed entirely of rayon. PAR. 7. Over a period of many years fabrics made of all wool or woolen materials have established a reputation for possessing superior 524 FEDERAL TRADE COl\!M:ISSION DECISIONS Conclusion 29F.T.C.

cold resistant and wearing qualities over fabrics made from cotton or other fibers. Purchasers and prospective purchasers of suits and other clothing for men on account of such reputation have a decided preference for such all wool or woolen fabrics over fabrics composed in part of cotton, rayon or other fiber. The unqualified use of the word "wool" has in the minds of the purchasing or consuming public the definite and specific meaning of virgin or mmsed wool as distinguished from reclaimed wool.

The word "silk" for many years last past has had and still has in the minds of the purchasing and consuming public generally a definite and specific meaning as being the product of the cocoon of the silkworm. The unqualified word "silk' has in the minds of the purchasing and consuming public the definite and specific meaning of unweighted silk or silk which has not been subjected to the process of a metallic bath. Suit lining composed of silk has held and still holds great public esteem and confidence for its wearing qualities and purchasers and prospective purchasers on account of such reputation have decided preference for silk linings owr linings composed of cotton, rayon, or other fibers. The word "rayon" is the name of the chemical fiber or fabric which resembles silk in that it has i:he appearance and feel of silk and is by the purchasing public practically indistinguishable from silk. By reason of these qualities rayon when not designated as such is readily believed and accepted by the purchasing public as being silk, the product of the cocoon of the silkworm. \Vhen trade or coined name or names designating the method of manufacture are used alone or in conjunction with the word "silk" as tlescriptin of a rayon fabric or material, such words are not sufficiently known to or understood by the public to be readily identified as designating rayon.

PAR. 8. The use by respondent of the representations set forth herein has had and now has the capacity and tendeney to mislead and deceive a substantial portion of the purchasing public into the erroneous belief that such representations are true and that the respOI1.dent has truthfully represented the constituent fiber or material of his clothing and to cause them to purchase respondent's clothing as the result of the erroneous belie£ engendered as above set forth. CONCLUSION The aforesaid acts and practices of the respondent, ,Julius l\1. Firk, tracli11g as Strauss Tailoring Co., Federal Tailoring Co., Bell Tailoring Co., and Arlin Tailoring Co., are all to the prejudice of the S'rUAU:O;S TAILOniN"G CO., ETC. 525 518 Oril{'r public and constitute unfair and deceptive 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 Commis- ~:ion upon a 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 further hearing as to said facts, and the Commission having made its findings as to the facts and conclusion that respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, Julius l\I. Firk, an individual, trading as Strauss Tailoring Co., Federal Tailoring Co., Dell Tailoring Co., and Arlin Tailoring Co., or trading under any other name or names, his representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and flistribution of men's clothing in commerce, as "commerce" is defined by the Federal Trade Commission Act, do forthwith cease and desist from:

1. Representing that respondent's products are composed of fibers or materials other than those of which they are actually composed; or representing, in any manner, that the fabrics or products manufactured or sold by respondent contain wool in greater quantity, percentage, or degree than is actually the case. 2. Using the words "wool," "woolens," or "worsted," or any other word or words of similar import or meaning, to designate or describe auy fabric or other products ''"which are not coJHposed wholly of ''"ool, provided that in the case of a fabric or product composed in part of wool and in part of a material or materials other than wool, such words may be used as descriptive of the 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 fabric or material thereof in the order of its predominance by weight, beginning: with the largest single constituent. 3. Using the unqualified word "silk" or any other word or wonh of similar import or meaning to designate or describe any fabric or other product which is not composed "·holly of umwighted silk, the pr01luct of the cocoon of the silkworm. 4. Adnrtising, offering for sale, or selling, fabrics or any other products composed in whole or in part of rayon without clearly dis- 2t3intl"'-40-vol.2!l-36 526 FEDERAL TRADE COMl\IISSION DECISIONS Order 29F.T.O.

closing 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 or 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. It is 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.

"veiss BEDDIXG CO., IXC., ET AL. 527 -. Oo~plalnt