Goldman, Benjamin

Text (OCR of the scan at left; may contain errors)

IN Tile MATTER OF . . BENJAMIN GOLDMAN, TRADING AS TIGER YARN COM· PANY, MINNETTE YARN COMPANY,. BENGO YA~N , SHOP,:AND GOLJ?MAN'S YJ\RN SHOP .

COMPLAINT, FINi>INGS, AND ORDER IN REGARD TO THE ALLEGED VIO~ATIOrl OF SEC. II OF AN ACT OF CONGRESS ArPROVED SEPT. 26, 1914. . ... Doclcet ~625. Compla.int, Nov. 5, 1941-Deaision, Aug. 5, 1942 Whe~e au individual, enga~ed nder ~ariotis trade names In interstate ~ale and. distribution of knitting yarns to the purchasing public direct and to retail dealers- ( a) Made use in catalogues or on color cards 'and on labels attached to certain of his yarns, of sue~ terms as "Heavy Tweed Velna," "Shetland Floss," "Camers· Hair," "Cashmere De Laine" and "Sport Angora"; The facts being the yarns thus designated were not, as undet·stood by a sub· stantial portion of the purchasing public from the terms "Tweed," "Sbet· . land," "Camel's Hair," ~·cashmere," and ."Angora," respectively composed •· entirely of wool, of yarn, made from·tbe wool'of Shetland sheep grown· on ' ·: the Shetl:ind Islands or the contiguous mainland of Scotland, of camels . , . hair, or hair of the CaslunPre or the Angora goat, but said "Tweed" yarns t, ; were -~ot composed of wool or contained: wool mixed with other fibet·s~ In '·".case of. "Heavy Tweed Velna'' in the proportion of about 6:J percent ··wool and 35 percent rayon; said "Shetland" yarns were made entirely of <:: 1 domestic wool: said "Camel's Hair" was made principally of wool and N: ·contained little, If any'~ camel's hair;. sui<l "Cashmere" contained fibers' other thlln the hair of the Cashmet·e goat; auil. said "Sport Angora" coq·. 1 tained about-80 percent wool and 20 percf'nt rabbit's ·hair; and members .. 'of public In purchasing product represented as made of said wools or Mils · '', have a preference for the genuine article ruther than a substitute· tor or, ' ' Simulation thereof 0 · ' ' . ' • I •, ( ll) .Falsely represented yarns composed of varying. mixtures of wool, cotton. , · and rayon as being compu~ed in part of sill( through applicu tion to such· products of such legPnr.ls 11s. "A fine silk a ud wool mb:ture of four-ply";· ; "A fine mixture of slllc and r;>tton"; "Hilk Fluke • • • A cotton and :,. silk combination"; "A bPantifnl and Jw·tron!l mixture of silk and zephyr"; .: . ' and "A very attractive yo rn of ·silk and pure wool" ; . . . . . :I;; . (C) .1\Iisrepresented said .yarns through failure to di.sclose that they were cOIJl• posed in part of rayon which.- \\·bPn so· made· as to ·simulate silk or·wool, , . hrb the feel and appe>arance thereof, and is practically indistinguishable ,· . tb~fefrom; as a result whereof. a substantial portion of. the. purchasing public bought said yarns as composed of the genuine product simulated; (d) Designated one of his yams composed entirely. of wool and rayon ag "Crepe," "notwithstanding fact that a _subs.tantlnl. portion of' the purchaslnll' . · , public understand products so designated to be made of silk, product of · ... the cocoon of the silk worm; and . ( e'). Represented, through use of' words "Importers an !I Jobbers of Worsted Yarns-Angoras-Cotton" In connection with his. trade name "Tiger Yarn TIGE.R YARN CO., ETC; 301 aoo . Complaint · · Co.," that he was an importer and Imported certain yarns offered, and that · • certain of his said yarns were made of or contained fibers which, not produced in this country, are imported from foreign countries; '.the facts being he imported no yarns or fibers from foreign countries, said company was not an Importer, and there Is a prefe1·ence on the part of a Substantial portion of the purchasing public for dealing direct with im· porters and for purchasing foreign products;

With tendency and capacity to mislead and deceive a substantial portion of the- , 'Purchasing public Into the mistaken belief that said statements were true. !hereby inducing purchase by It of substantial quantlti~>s of products ln. ·question:

1Field, That such acts and practices, tmder the circumstances set fotth, were al1 ' to the prejudice and injury of the public, and constituted unfair and de- , . ceptive acts and practices in commerce.

, Before lllr. John W. Addison, trial examiner. Mr. Dono'I.Hlln Divct for the.Commission.

}Jr. S. Robert Israel, of New York City, for respondent. Col'tiPLAINT ·: Pursuant to the provisions of the Federal Trade Commission Act. and by virtue of the authority vested in it by said act, the Federai ~lade Commission, having reason to believe that Benjamin Goldman, ~dividually and trading as Tiger Yarn Co., Minnette Yarn Co., t engo Yarn Shop, and Goldman's Yarn Shop, hereinafter referred 0 as the respondent, has violated the provisions of·said act, and it . 11Appearing to the Commission that a proceeding by it in respect thereof ~oulu be in the public interest, hereby issues its complaint, stating its· <; argues in that respect as follows: . l)ARAcnAPH 1. The respondent, Benjamin Goldman, is a.n individ- ~al, ·trading as Tiger Yarn Co., Minnette Yarn Co., Bengo Yarn ~'hcp, and Goldman's Yarn Shop, with his principal place of busilocated at 1643 Bathgate Avenue, The Bronx, in the city of New iss 0l'k, State of New York.

h:PAn. 2. Respondent is now, and for mot·e than 2 years last past has een, e!lgaged in the sale and distribution of various grades and types. of knitting yarn. Respondent c:mses his· said products, when sold, ~0 be transported from his place of business in the State of New York 0 the purchasers thereof at their respective points of location in· ~arious other States of the United States and in the District of his~ said products in colnmerce· basi· columbia·.maintainedRespondenta coursemaintain$of trade in·and at all times mentioned he1~ein t~tween nnd among the various States of the United States and in e District of Columbia.

509i49m--43--vol. 35----22 ' 30~' 0• FEDE.RAL 'frade;. COMMISSION- DE.CISIONlS Complaint 35F. T. C. 1 .PAR. 3. ·The word 'ftweed'?. has::been long and fa.voraqly. known to the purchasing an~ consu~ming public as ~escriptive of p_roducts com- ·posed entirely of'wooL · ·· · · · ' . I • • : • • · • . . _The wo~d "She_t_land" -ha:~ been long and fa:vorably know.n :to the · pu~cl)asing aild. consuming. public as. desig:iptive .. _of pr()ducts made from the wool of" Shetland· sheep·-raised on· the· Shetland Islands or on: th,e contiguoti.s mainland of' Scotland. . ·. . ·The word ''Ca~hmere" ha·s been 'loilg a:;nd favoi·ably kn~wn to the purch~sii1g and c6,nsul'nii~·g pt'tbli~ as 'descripti~e of pi;ocll.tcts ~o~posed entirely of the hair of the Cashni.ere goat.. · · ·:. . - The word "Angora:.'. has. been· lmig and favorably _known to the purchasing. and consumi~g public as· descriptive' of products made from the hair of the Angor!l goat.-. . . , .. · .\ . ., The word "silk" has been long and favorably li:;riownto the purchasing and consuming public as d~scriptiv~ of gooas maqe frqm the product of the cocoon. of the silkworm. . · . The .word "crepe" is a wor_d_ which has been long and favoi·ably kllown to the purchasing and consuming public as descriptive of a certain type_.of product made of silk, the· product o( the 'COcoon of the silkworm .. · I ·' • • • - ,·Silk; tweed, Shetla1icl, Caslni1e_re: and Angora· products ·for many years have held ·and still hold great ptiblic estee¢ for their pteeminent qualities, and in the pmchase ·of' knitting' yarns there :has -long been, ariel ·now is, a preference for said products on the part of a substantial number of ~he members. of :the!purchasihg:,public,· as well as:api;reference ·for· dealing directly, with th~ 'in\. porters of yarns and fabrics. Rayon is a chemically manufactured fiber or fabric which·may be so man_ufactui·ed as th simt1late ·silk. When· rhamifactured to simulate silk .it has the appearance' and .feel ~f 'silk: - By reason· of these qualities rayon, when· ni·anufactured. ·to simulate silk ·and· not desig· nated as -rayon, is· by .the purchasing public'·pl':.ictically inclistii1guish-.. able from silk. Products made from rayon: ~·esembiing;silk are ac· cepted ·by the public as silk even ·though ·such products may not be designated by terms representing or implying that they· are silk. . PAR: 4. In·the·cmirse and conduct'ofJhis•aforesaid·busin~ss in con· nection with: -the offering for sale,; sale'?rirtd''distribl.ttion' of ·his prod· uets· in cominerce, 'and for the :.ptirpose·; of' inducing :7the 'i'mrcha~e thereof by the ·public, responde:iit has niade ·or caused to'· be made varous statements' and ·repres(mtations purportedly descriptive of his. business and his ·product~,: a:rid:.- of the 'place of origin 'of, and the . nritilre- of. the constituent. fibers' or: ·materia:ls> o£ his 'products. to be inserted in catalogs, sample. books, labels and -6ther i)ririted ·~nd· writ- -· .· ·TIGEH. YARN CO., ETC~ 303 Complaint ten material-and on ·hi~ letterheads, which h~ has dis~r~buted.-among customers_and prospec~1ve customers located m the_.varwus States-of.. t.he United States and in the District of Columbia. ·. , . . . .. :Many of the> designations and· descriptions of the respondent'~- said yarns and of th~ir cor:sti_tuent.fibers an«:} m~terials:used by responde_nt nre false and m1sleadmg. Among and typical of-such false and mis" leading designations, descriptions, sta~ements, and represent.!!-tions are . the following: . -,, · · > · · · "Scotch Tweed,".· "Tropical TV~;ee·d," ·"Tweed Velna;" ':Zephyr Tweed:" "TW.o-Tone~zephyr Tweed," and."Heavy Tweed Velna" used, as descriptive of yarns not composed. entirely of·.wool. · ' . "Shetlana. Floss" used: as de~criptive of yarns made neither: entirely, riorjn .part, from:,the:fleece of Shetland· Sheep,_.raised on the. Shetland Islands, :the contiguous mainland of Scotland, or elsewhere.· "Camel's H<'tir-". 'to- designate. and describe a yarn which, in fact, contains practically no cai:nel :hair but is ·made almost. entirely of other·materials. .. - ' · :·- "Cashmere De Laine" and ·"Cashmere Sport Yarn'.' to designate and· describe y_ar~s 'which are not made in whole or in part frorii the hair of tlte Cashmere goat. · · "Sport Angora'1 and "Ailgoray" to designate and describe yitrns. which are not made in whole or in part' from the hair of the Angora· I '; ''' goat. . , "A fine silk and wool mixture" used as descriptive of' a certain one of respondent:s said ·yarnsi-design[lted by i'respondent; as -~'Pompadour Zephyr," which said-.-yarn is; iri fact;-riiade•-entirely of wool and rayon; "A fine mixture of silk and cotton" used as descriptive of respOiid(mt's yan1 "Tropical Tweed,~' a. yarn which is, i~ faqt, composed of cotton. and rayon; "A fine yarn inixed -with a contrasting .silk nub" used as desc~iptive qf respondent's yarn "Tweed Velna," which is,. in fact, composed of wool and rayon; "Cott_on and silk combination" used as descriptive of 1;esporident's 'yarn "Silk Flake," which is, in fact, co~~­ posed entirely of cotton. and rayon; "A beautiful mixture of six colors of silk woven i:nto a fine, grade of. wool,'' used as descriptive of respondent's yarn "Mystic Velna," which is; in fact, composed entirely' of .wool and rayon; "A beautiful and lustrous mixture ~f silk il-lld zephyr" used. as descriptive of resp01ident's yarn "Zephyr :Paiiadise;~'·whiclx;is;·in fact; composed.eiitirely of r::i.yon ~nd wool; ''A very attr·aetiv~ yarn·of silk nnd pure· wool" used as descriptive of respondent's yarn "Silk-Wool," which is, in fact.;-composed el).tirely of rayon.·and '\\rool; "Tri-Colored 1\veed of:Z~r)hyr Yarn·twistedwith a·contrasting silk m1i)," usecfas. descriptive. of respondent's yarn "TwocT(Jlie· Zephyr .Tweed,'' \Which is ' in fact composed eri.tirely of wool and rayon. •0 ' f.

304 FEDE·RAL TRADE COMMISSION DE·CISIONS Complaint 35F.T.C· "Ctinkle Orepe" and "Ne"w crepe creation of zephyr wool twisted with same color of silk strand," used as descriptive of respondent's yarn "Crinkle Crepe," which contains no silk and is in fact composed entirely of wool and rayon; by use of the word "Crepe" as well as by use of the word ''Silk," the respondent represents that said yarn "Crinkle Crepe" is silk, the product of the cocoon of the silkworm, ·whereas in fact said yarn is composed entirely of wool and rayon. In addition to misrepre~enting certain of its yarns by the use of the word "Silk" as heretofore alleged, the 'respondent, by failing to disclose the rayon' content of said yarns and of others of hisyarns designated by respondeiit by the names given hereafter, each of which yarns resembles silk in whole or in part, represents that each of said yarns · is silk, the product of the cocoon of the silkworm, or that that part of the yarn whi~h resemblessilk is silk, the product of the cocoon of the silkworm, whereas said yarns in 'fact contain no silk, the product of the cocoon of the silkworm. .The said yarns so misrepresented bY respondent's failure to disclose their rayon content are designated bY respondent as follows: ";pompadour Zephyr," "Velna," "Twee~ Velna," "Silk Flake," "Mystic Velna," "Angoray," "Zephyr Paradise, . 1 ,, "Silk-"\Vool," "Zt>phyr Tweed," "Two-Tone Zephyr Tweed," "Bone e, and "Heavy Tweed Velna.'! .' ' . . · The respondent has also misrepresented the nature of that part ~f his business known as "Tiger Yarn Company" by sending from hl5 said principal place of businessin the State. of New York to cust01ners and prospective customers located in States other than New York, letterheads bearing the words "Importers and Jobbers of 'Vorsted Yarns, Angoras, Cotton," whereas in fact neither the respondent ·nor said Tiger Yarn Co. is now or ever' has been an importer of worsted or other yarns, Angoras, cottons, or other fabrics. PAR. 5. The use by the respondent of the foregoing a(jts and prttC,.. tices has had arid now has the tendency and capacity to misleadand deceive a substantial portion of the purchasing public into the en·one· ous and mistaken belief that said statements and representations are true, and that respondent 'has truthfully represented the constitue11t fiber and JUaterial of which his jm::idU:cts are made, as well as the nature of his ~~1s~ne~s. On acc~unt of t~ese erroneous beliefs 11: ~number of th~ consummg and purchasmg public, purchases a substantial volume 0 respondent's products. - ·' •· , : · . · . PAR.' 6. The aforesaid acts and practices of the respondent as heretll alleged are aU to the prejudice and)njury of the public and constitute . unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. TIGER YARN CO., ETC. 305 aoo Findings ' Report, FINDINGS AS TO THE FACTS, AND Ouov.n Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on November 51 1941, issued and subse- ~Uentiy served its complaint in this proceeding upon respondent Ben- Jamin Goldman, an individual trading as Tiger Yarn Co., Minnette ~ arn Co., Be-n go Yarn Shop, and Goldman's Yarn Shop, charging hJrn with the use of unfair and deceptive acts and practices in comlb.erce in violation of the provisions· of said act. After the issuance Qf said complaint and the filing of respondent's answer thereto, testi- ~ony and other evidence in support of and in opposition to the allegations of the complaint· were introduced before an examiner of the Co1nmission theretofore duly designated by it, and said testimony and ~ther evidence were duly recorded and filed in the office of the 0lrlmission.

b Thereafter,· this proceeding regularly came on for final hearing · efore the Commission on the said complaint, the answer thereto, testilllony and other evidence, report of the trial examiner, and brief in support of the complaint (respondent not having filed brief and oral . argument not having been requested); and the Commission, having · · ~ly considered the matter and being now fully advised in the premises, .ds. that this proceeding is in the interest of the public and makes this 1ts findings as to the facts and its conclusion drawn therefrom. FINDINGS AS TO THE FACTS ' I ·t PaaAGRAPH 1. Respondent, Benjamin Goldman, is an individual, dading as Tiger Yarn Co., Minnette Yarn Co., Bengo Yarn Shop, and oldman's Yarn Shop, with: his principal place of business located at 1643 Bathgate Avenue, The Bronx, New York, N.Y. be PAn. 2. Resp.ondent is now, a~d ~or~ number ?f years last past has en, engaged m the sale and distl'lbutwn of varwus grades and types of knitting yam to members of the purchasing public, who buy dii:ectly or by mail orders, and to retail dealers in yarn. Respondent causes, ;~d has caused, his said products, when sold, to be transported from ns Place of business in the State of New York to purchasers thereof ~ ~their respective points of location in various other· States of the n~ted States, and maintains, and at all times mentioned herein has !l!amtained, a course of trade in said products in commerce between nnd among the various States of the United States. t PAR. 3. In the course and conduct of the aforesaid business, and for he Purpose of aiding and promoting the sale of his products, respond- , I . I I ·306 FEDERAL TRADE CO!vlMISSION DE-CISIONS Findings 35 F. T.C:

ent distributes to customers and prospective customers catalogues or color cards containing descriptions and samples of various lmitting yarns offered for sale by him. The yarns, when sold, are labeled and the wording and descriptions on such labels correspond with the state· ments concerning each such yarn in the catalogue or color card. Among the knitting yarns sold and distributed by respondent are certain ones the designation or description of which includes the.word "tweed," such as "Heavy Tweed Velna." 'Vhen applied to knitting' yarns, the term "tweed" is understood by a substantial portion of the purchasing public to mean that the yarn is composed entirely of wool. Respondent, however, uses the term "tweed" to designate knitting yarns which are not composed of wool or which contain wool mixed with other fibers. The yarn designated and described by respondent as '~Heavy Tweed Velna" is in fact composed of approximately 65 percent wool and 35 percent rayon. . Respondent uses the word "Shetland" in the designation or descrr~­ tion of knitting yarns sold and distributed by him. One such yarn~ designated and described as "Shetland Floss." The word "Shetland, and the term "Shetland Floss," when applied to yarn, is understood by a substantial portion of the purchasing public to mean yarn made from the wool of Shetland sheep grown on the Shetland Islands or· on the contiguous mainland of Scotland. As a matter of fact, respon~· ent's product to which this term is applied is made entirely of domestic wool. · , One of the knitting yarns sold by respondent is designated and described as "Camel's Hair." This term, when applied to knittin_g yarns, is understood by a substantial portion of the purchasing pub_hc to mean yarn made from the hair of the c.amel. ·The product so desig'' nated by respondent is in fact made principally of wool~tnd contains little, if any, camel's hair. · . . Another of the knitting yarns sold and distributed by respondent J.5 designated and described as "Cashmere De Laine." The term "cashmere," as applied to knitting yarns, is understood by a substanti~l portion of the purchasing public to mean yarn made from the hair of the Cashmere goat. Respondent's product designated as "Cashmere De Laine" in fact contains fibers other than the hair of the Cashmere pL . ·Another of the knitting yarns sold and distributed by respondent 1~ designated and described as "Sport Angora." The term "angora,' when applied to knitting yarns, is understood by a substantial portion of the purchasing public to mean yarn made from. the hair of t~e Angora goat. The product so designated by respondent contains lll fact approximately 80 percent wool and 20 percent rabbit hair. TIGEH YAHN CO., ETC. 307 300 Findings In purchasing products represented as or purporting to be made of Wool, or Shetland wool, or camel's hair, or hair of the Cashmere goat, or hair of the Angora goat, members of the public have a preference for the genuine article rather than a substitute for or simulation of the genuine article.

PAn. 4. Various of the yarns sold and distributed by respondent are misrepresented by him as being composed in part of silk. The term "silk" is understood by a substantial portion of the purchasing Public to mean silk, the product of the cocoon of the silkworm. Among the yarns described by respondent as silk or containing silk are the following: A yarn represented to be "A fine silk and wool mixture of four-ply," which is in bet composed of approximately 80 percent Wool atld 20 percent rayon; a yarn described as "A fine mixture of silk and cotton," which is in fact composed of approximately 80 percent cotton and 20 percent rayon; a yarn designated as "Silk Flake" and described as "A cotton and silk combination," which is actually com- Posed of approximately 80 percent cotton and 20 percent rayon; a Yarn described as "A beautiful and lustrous mixture of silk and Zephyr," which is in fact composed of approximately equal parts of rayon and wool; and a yarn described as "A very attractive yarn of silk and pure wool," which is in fact composed of approximately 55 percent rayon and 45 percent wool. . In addition to the :false representations that certain yarns contain Silk, respondent further misrepresents such yarns by failing to disclose that they are composed in part o:f rayon. Hayon used in yarn is a chemically manufactured fiber which can be so Inade as to closely simulate silk or wool. 'Vhen manufactured to simulate silk it has the feel and appearance of silk and when manufactured to simulate "'ool it has the feel and appearance of wool. By reason of these qualities, rayon when manufactured. to si1'uulate silk or wool and not designated as rayon is practically indistinguishable from silk or ·wool, as the case may be, and the failure of respondent to disclose the l·ayon content o:f yarns containing that product has resulted in the Purchase of such yarns by a substantial portion of the purchasing ·Public under the erroneous impression that they were· composed o£ the genuine products simulated. '- One of the yarns sold and distributed by respondent is designated ana described as "Crinkle Crepe." The term "crepe," when not accompanied by qualifying words, is understood by a substantial portion of the purchasing public to mean a product made of silk, the product of the cocoon of the silkworm. In fact the yarn designated by respondent as "Crinkle Crepe" is composed entirely of wool and rayon nnd contains no silk.

:308 FEDE.RAL TRADE COMMISSION DE·CISIONS Order 35F.T.C· PAR. 5. In the course and conduct of the business known as "Tiger Yarn Company" respondent has used on his letterheads the statement: TIGER YARN CO.

Importers and Jobbers of Worsted Yarns-Angoras-Cottou. I -Respondent thus represents that he is an importer and that he imports ~rtain of the yarns offered for sale by him. Certain of such yarns are in fact. represented as being made of or containing fibers which are not produced in this country and which are therefore imported froill foreign countries. Respondent does not import any yarns or fibers froin foreign countries and. the' representation that the Tiger Yarll Co. is an importer is false. There is a preference on the part o~ a substantial portion of the purchasing public for dealing direct with importers and for purchasing foreign products. · . PAR. 6. The use by respondent of the aforesaid false and misleading representations, acts, and practices has had, and now has, the tendency and capacity to mislead and dec.eive a substantial portion of the pur· ehasing public into the mistaken and erroneous belief that said state· ments and representations are true, and as a result of such erroneous beliefs members of the. purchasing and consuming public have pur· chased a substantial volume of respondent's products . . CONCLUSION The acts and practices of the respondent as herein found are all to· the prejudice u.nd injury of the public and constitute unfair and de· eeptive 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 CoJUillis· sion upon th~ complaint of the Commission, the answer of respondent,, testimony and other evidence in support of and in opposition to the all£>gations of the complaint taken before an examiner of the CoJll· m.ission theretofore duly designated by it, report of the trial examiner, and brief filed by counsel for the Commission, and the C9mmissi~Jl having made its findings as to the facts and its conclusion that sad respondent has violated the provisions of the Federal Trade Conun15' sion Act.

TIGER YARN CO., ETC. .. 309 aoo Order It u ordered, That respondent, Benjamin Goldman, an individual, trading as Tiger Yarn Co., or Minnette Yam Co:, or Bengo Yarn Shop; or Goldman's Yarn Shop, or under any other name, his representatives, ~gents, or employees, directly or through any corporate or other device, ln connection with the offering for sale, sale, or distribution of knitting Yarns in commerce, as "commerce" is defined in the Federal Trade Co:rnmission Act, do forthwith cease and desist from: . 1. Using the ~ord "tweed," or any simulation thereof, either alone or llj. connection or conjunction with any other word or words, to desig· nate, describe, or refer to any product which is not com.posed entirely ?f Wool: Provided, however, That in the case of a product composed ln Part of wool and in part of other fibers or materials, such word may b? Used as descriptive of the wool content if there are used in imme· d.late connection or conjunction therewith, in letters of at least equal 81~e and conspicuousness, words truthfully describing such other con· .Stituent fibers or materials.

· 2. Using the word "Shetland," or any simulation thereof, either alone or in connection or conjunction with any other word or words to desig· ll.ate, describe, or refer to any product which is not composed entirely 0,f Wool of Shetland sheep grown on the Shetland Islands or the contiguous mainland of Scotland~ Provided, however, That in the case Of a product composed in part of such wool and in part of· other fibers or materials, such word may be used as descriptive of the Shetland \\roo} content if there are used in immediate connection or conjunction therewith, in letters of at least equal size and conspicuousness, words truthfully describing such other constituent .fibers or materials. 3, Using the term "Camel's Hair," or any simulation thereof, either alone or in connection or conjunction with any other word or words, to designate, describe, or refer to any product which is not composed entirely of hair of the camel: Provided, however, That in the case of a Product composed in part of hair of the camel and in part of other fibers or material, such term may be used as descriptive of the camelhair content if there are used in immediate connection or conjunction therewith, in letters of at least equal size and conspicuous,ness, words truthfully describing such other constituent fibers or mate:r;ials. · 4. Using the word "Cashmere," or any simulation thereof, either alone or in: comiection or conjunction with any other word or words, to designate, describe, or refer to any product which i~ not composed entirely of hair of the Cashmere goat: Provided, however, That in the , ~ase of a product composed in part of hair of the Cashmere goat and ln part of other fibers or materials, such word may be used as descrip· 'i 310 FE<DERAL TRADE COMMISSION DECISIONS Order 35F. T.C.

tive o£ the cashmere fiber content if there are used in immediate con· nection or conjunction therewith, in letters of at least equal size and conspicuousness, ·words truthfully describing such other constituent fibers or materials. .

· 5. Using the word "Angora,'' or any simulation thereof, either alone or in connection or conjunction with any other wprd or words, to desig· nate, describe, or refer to any product which is not composed entirely of hair of the Angora goat: Provided, h01.Dever, That ~n the case of 8 product composed in part of hair of the Angora goat and in part of other fibers or materials, such word may be used as descriptive of the angora fiber content if there are used in immediate connection or con· junction therewith, in letters of at least equal size and conspicuousness, words truthfully describing such other constituent fibers or materials .. . 6. Using the word "Silk," or-any simulation thereof, either alone or in connection or conjunction with any other word or words, to d.designate, describe, or refer to any material which is not composed entirely of silk, the product of the cocoon of the silkworm: Prol:ided, however, That in the case of a material composed in part of silk, the product of the cocoon of the silkworm, and in part of other fibers or materials, such word may be used as descriptive of the content which is silk, the product of the cocoon of the silkworm, if there are used in immediate connection or conjunction therewith, in letters of at least equal size and conspicuousness, words truthfully describing such other constituent fibers or materials.

· 7. Using the unqualified word "Crepe," or any other descriptive teri1l· indicative of silk, to designate, describe, or refer to any product which is not composed .entirely of silk, the product of the cocoon of the silkworm: Provided, however, That such word or descriptive term JilBY be used truthfully to designate or describe the type of weave, con· struction, or finish if such word is. qualified by using in immediata connection or conjunction therewith, in letters· of at least equal size and conspicuousness, words accurately describing the fibers or n1a· terials from which such product is made.

. 8. Advertising, offering for sale, or selling products composed in .whole or in part of rayon without clearly disclosing such rayon content, and when such· products are composed in part of rayon and in part of other filers or materials, all such fibers or materials, including the rayon, shall be tlearly and accurately disclosed. . 9. Using the word "Importer," or any other word or words of similar import and meaning, to designate, describe, or refer to respondent's business, or any portion thereof, or otherwise representing that re· spondent is an importer. · : >•' · ·:TIGE·R·YARN CO.j ETC. 311 3oo. Order It i8 further ordered, That respondent shall, within 60 day~ after ~he service upon him of tllis order, file· with the Commission a report hn W:ritin~ setti?g fo:th in detail the maimer and form in whicl~:~e as comphed with this order. · · · 1~ is further ordered, That no provision of this order to cease and desist shall be construed as relieving respondent in any respect of the ~ecessity of complying with the requirements of the Wool Products thaheJing Act of 1939 and the rules and regulations promulgated E>t~:>under.

312 Feideral TRADE COMMISSION DECISIONS Complaint S5 F. T. c;