Starr, Abraham

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

IN THE MATTER OF ABRAHAM STARR TRADING AS SUPERIOR TEXTILE MILLS MODIFIED CEASE AND DESIST ORDER Docket 3190. Order, August 16, 1944 Order modifying prior cease and desist order of November 15, 1939, 29 F. T. C. 1317, so as to require respondent, his representatives, etc., in connection with the offer, etc., in commerce, of fabrics or wearing apparel, to cease and desist from representing, through use of word "mills" in his trade name, or use of term "direct from mills to wearer," or otherwise, that he is a manufacturer of the products sold by him, etc., and from misrepresenting articles offered by him as "free," etc., and misrepresenting his offers as limited, etc., as in said order below set forth. Modified ORDER To CEASE AND Desist This proceeding having been heard by the Federal Trade Commission, upon complaint of the Commission, the answer of the respondent, testimony and other evidence taken before Edward E. Reardon, an examiner of the Commission theretofore duly designated by it, in support of the allegations of said complaint, and in opposition thereto, brief filed herein by S. Brogdyne Teu, II, counsel for the Commission (the respondent having filed no brief and not having requested oral argument); and the Commission having duly made and issued its findings as to the facts, conclusion and order to cease and desjst dated November 15, 1939; and the Commission having further considered said order to cease and desist heretofore issued, and being of the opinion that the public interest requires that a modified order to cease and desist should be issued in said cause; and the Commission having given due notice to the respondent to show cause on July 24, 1944, why this case should not be reopened for the purpose of modifying said order to cease and desist; and the Commission having considered the matter and the record herein, and having issued its order modifying said order in certain respects, issues this its modified order to cease and desist.

It is ordered, That the respondent Abraham Starr, individually, and trading as Superior Textile Mills, or trading under any other name, his representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of fabrics or wearing apparel in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Representing, through the use of the word "Mills" in respondent's trade name or of the term "direct from mills to wearer," or any words or terms of similar import or meaning, or through any other means or device, or in any manner that said respondent is the manufacturer of the products sold by him unless and until such respondent actually owns and operates or directly and absolutely controls the manufacturing plant wherein said products are manufactured by him.

SUPERIOR TEXTILE MILLS 53 52 Order 2. Representing that any article regularly included in a combination offer with other articles is "free" or that the sale thereof constitutes a "free merchandise sale."

3. Representing, designating or describing any articles or merchandise delivered only upon the condition that some other articles be purchased and paid for as "free," or in any other manner indicating that the said articles or merchandise is a gift or gratuity. 4. Representing that respondent's business was established in 1905, or at any time other than the date of its actual establishment. 5. Representing that any offer of merchandise is limited as to time or otherwise unless such offer is in fact so limited. 6. Using the term "free," or any other term of similar import and meaning, to describe, designate or refer to any merchandise which is not a gift or gratuity and delivered to the recipient thereof without cost and unconditionally.

It is further ordered, That 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.

Order 39 F. T. C.