Sanitary Feather Co., Inc., and Daniel Huttner

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IN TIl MATTER OF SANITARY FEATHER CO., INC., AND DANIEL HUTTNER CONSEX'!' miler, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE CO:iL'\HSSION ACT AND OF THE WOOL PRODUCTS LABELING ACT Docket 6202. Complaint, Apr. 195J,-Decision, Aug. 14, 1954 Consent settlement order requiring a Chicago manufacturer of wool products to cease misbranding "\vool" products as defined by the lVool Products Labeling Act through labeling or tagging bed comforters containing cotton batting or padding as "All New !\:Iaterial Consisting of Wool Batting and through failng to stamp or label certain bed comforters as required by the Act.

Before llfr. 1. Earl Cox hearing examiner. ll/r. George E. 8teinTnetz for the Commission. C03IPLAINT Pursuant to the provisions of the Federal TL'Lde Commission Act and the IVool Products Labeling Act of 1939, :tnd by virtue of authority vested in it by said Acts, the Federal Trade Commission having reason to believe that Sanitary Feather Co. Inc., a corporation, and Daniel IIuttne.r, individually, and as an offcer of aic1 corporation, hereinafter referred to as respondents, have violated the provisions of said Acts, and it appearing to the Commission tha.t a proceeding by it in respect thereof would be in the public il1terest hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Hespollc1ent Sanitary Feather Co. , Inc. , is a corporation, organized and existing under and by virtue of the la\vs of the State of Illinois. Daniel Huttner is president and treasurer of said respondent corporation, and this individual formulates, directs nd controls the acts, policies, and practices of said corpora respondent. The offces and principal place of business of said respondents are located at 5034 South State Street, Chicago 9, IJinois. PAR. 2. Subsequent to the effective date of the ,Voo) Products Labeling Act of 1939, and more especially since J anllary 1953 , respondents have manufactured for introduction into commerce, introduced, sold, transported, distributed, delivered for shipment, and offered for sale in commerce, as "commerce " is defined in said 1V 001 423783-58- Decision 51 F.

Products Labeling Act, wool products, as "wool products" are defined therein.

PAR. 3. Certain of said wool products were misbranded within the meaning and intent of Section 4 (a) (1) of said Wool Products Labeling Act and of the Hules and Regulations promulgated thereunder in that they were falsely and deceptively labeled or tagged with respect to the character and amount of the constituent fibers contained in the pad dings and battings therein. Among such misbranded wool products were bed comforters labeled or tagged by respondents as consisting of "All New Material theConsisting of Wool Batting; whereas, in truth and in fact, batting or padding contained in said wool products did not consist of wool as the term "wool" is defined in said Wool Products Labeling Act and the Rules and Hegulations promulgated thereunder but consisted of cotton.

PAR. 4. Certain or said wool products c1PBcribed as bed comfort.ers were misbranded in that they were not stamped, tagged, or labeled as required under the provisions of Section 4 (a) (2) of said Wool Products Labeling Act, and in the manner and fonn provided by Rule 24 of the Hulcs and Hegulations promulgated thereunder. Among such misbranded wool products were bed comforters bearing labels or tags which failed to set forth the name or the registered identification number or the manufacturer thereof; or or one or more persons subject to Section 3 of said Act "ith respect to said wool products.

PAR. 5. The acts and practices of respondents as herein alleged were and are in violation of the IVool Products Labeling Act of 1939 and of Rule 24 of the Hules and Hcgulations made pursuant thereto, and constitute unfair and decep6ve acts and practices and unfair methoels or competition in commerce within the -jnt nt and Ineaning or the Federal Trade Commission Act. DECISlO:- OF THE nib8ION Pursuant to Hule XXII of the Commission s Hules of Practice and as set forth in the Commission s "Decision of the Commission and Order to File Heport of Compliance " dated Angnst 14, 1954 the ini6al decision in the instant matt.er of hearing examiner .J. Earl Cox, as set out as follows, became on that date the decision of the Commission.

SANITARY FEATHER CO. , INC. , ET AL.

Order ITIAL DECISION BY J. EARL COX, HEARING EXAl\rINER The complaint in this proceeding charges respondents now located at 5034 South State Street, Chicago, Illinois, with violating the provisions of the Federal Trade Corrunission Act, the Vool Products Labeling Act of 1939, and the Rules and Regulations made pursuant thereto by the misbranding of certain wool products manufactured by them for introduction into commerce.

After the issuance and service of the complaint, a stipulation was entered into by respondents and counsel supporting the complaint. By the terms of said stipulation the respondents admit aU jurisdictional allegations set forth in the complaint and waive the filing of an answer, a hearing before a hearing examiner or the Commission, the making of findings of fact or conclusions of law by the hearing ex" aminer' or the Comlnission, the filing of exceptions and oral argument before the COlmnission and leu further and other procedure before the hearing examiner and the Commission to ,,,which the said respondents and each of them may be entitled under the Federal theTrade HulesCommissionof Act,Pmctice the V 001 ofProductsthe LabelingCommission.Act of 1939, or Respondents agree that the order hereinafter set forth shall have the same force and effect as if made after a Iull hearing, presentation of evidence, and findings and conclusions thereon, and specifically waive any and all right, power, or privilege to challenge or contest the validity of the order entered in accordance with this stipulati011 and that this stipulation, together with the complaint, shall constitute the entire record in this proceeding. The stipulation is made a part of the record herein. This proceeding is found to be in the public interest, and in conformity \dth the terms of the stipulation the following order is issued: It is ordered that the respondent Sanitary Feather Co. , Inc. , a corporation, and its offcers, and respondont Daniel Huttner, individually, and as an offcer of said corporation, and respondents representatives, agents, and employees, directly or through any corporate or other device, in connection with the introduction or manufacture for introduction into commerce, or the offering for sale, sale transportation, or distrib1l60n in commerce, as "commerce" is defined in the Federal Trade Commission Act, and the .Wool Products Labe!' ing Act of 1939, of bed comforters or other "wool products " as such products are defined in and are subject to the Wool Products Labeling Act of 1939, ,which products contain, purport to contain, or arc in any way representeel as containing "wool reprocessed wool " or "reused Order 51 F. T. C.

ORDER wool " as those terms are defined in said Act, to forthwith cease and desist from misbranding such products by:

1. Falsely or deceptively stamping, tagging, labeling, or otherwise identifying such products as to the character or amount of the constituent fibers included therein.

2. Failing to securely affx to or place on each such product a stamp, tag, label, or other means of identification showing in a clear and conspicuous manner:

(a) The percentage of the total fiber weight of such wool products exclusive of ornamentation not exceeding five percentum of saiel total fiber weight, of (1) wool, (2) reprocessed wool (3) reused wool (4) each fiber other th"n wool where said percentage by weight is five percentnm or more, and (5) the aggregate of all ot.her fibers. (b) The maximum percentage of the total weight of such wool products of any nonfibrous loading, filling, or adulterating material. (c) The name or the registered identification number of the manufacturer of such wool products or of 011e or more persons engaged in introducing such ,yool products into commerce, or in the offering for sale, sale, transportation, distribution, or delivery for shipment thereof in commerce: as ';commerce:: is defined in the ",Vooel Products Labeling Act of 19:J9.

3. Failing to separately set forth on the required stamp, tag, label or other means of identification the character and amount of the constituent fibers contained in the batting or padding of said wool products as provided by Hule 24 of the Rules andl egulations promulgated under said Act.

Providing that the foregoing provisions concerning misbranding shall not be construed to prohibit acts permitted by Paragraphs (a) and (b) of Section 3 of the "lVoal Products Labeling Act of 1939. Providing further, that nothing contained in this order shall be construed as limiting any apphcable provision of said Act or the Hules and Regulations promulgated thereunder. onder TO FILE REPORT OF COl\IPLIANCE It i8 ordered that the Tespondents herein shall within sixty (60) days after service upon them of this order: fie with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist Cas required by said declaratory decision and order of August 14, 1954). TOPCO ASSOCIATES , INC.

Complaint