Golden City Hosiery Mills, Inc.

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In THe Marrer oF GOLDEN CITY HOSIERY MILLS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 6728. Complaint, Feb. 19, 1957—Decision, May 22, 1957 Consent order requiring a manufacturer in Villa Rica, Ga., to cease violating the Wool Products Labeling Act by labeling certain hose or socks falsely as to wool content and by failing in other respects to comply with the requirements of the Act.

Mr. Ross D. Young, Jr. and Mr. Robert FE. Vaughan for the Commission.

Mr. C. M. Griffin, of Villa Rica, Ga., for respondents. Initrat Decision py ABNER E. Liescoms, Hearne EXAMINER The complaint herein was issued on February 19, 1957, charging Respondents with misbranding their wool products, consisting of hose or socks, by falsely and deceptively representing the character and amount of the constituent fibers contained therein, and by failing to stamp, tag or label such products, in violation of §4(a) (1) and §4(a) (2) of the Wool Products Labeling Act of 1939 and the Rules and Regulations promulgated thereunder, and of the Federal Trade Commission Act.

On March 15, 1957, Respondents and counsel supporting the complaint entered into an Agreement Containing Consent Order To Cease And Desist, which was approved by the Director and the Assistant Director of the Commission’s Bureau of Litigation, and thereafter submitted to the Hearing Examiner for consideration. Respondent Golden City Hosiery Mills, Inc. is identified in the agreement as a Georgia corporation, with its office and principal place of business located at Villa Rica, Georgia, and Respondent Charles M. Griffin as the president thereof, having the same address. The agreement sets forth that Respondent Griffin formulates, directs and controls the acts, policies and practices of the corporate Respondent.

Respondents admit all the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations.

Respondents, in the agreement, waive any further procedure before the Hearing Examiner and the Commission; the making Order 53 F.T.C.

of findings of fact or conclusions of law; and all the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement. All parties agree that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the order to cease and desist as contained in the agreement shall have the same force and effect as if entered after a full hearing, and may be altered, modified or set aside in the manner provided for other orders; that the complaint herein may be used in construing the terms of said order; and that the agreement is for settlement purposes only and does not constitute an admission by Respondents that they have violated the law as alleged in the complaint.

After consideration of the allegations of the complaint and the provisions of the agreement and the proposed order, the Hearing Examiner is of the opinion that such order constitutes a satisfactory disposition of this proceeding. Accordingly, in consonance with the terms of the aforesaid agreement, the Hearing Examiner accepts the Agreement Containing Consent Order To Cease And Desist; finds that the Commission has jurisdiction over the Respondents and over their acts and practices as alleged in the complaint; and finds that this proceeding is in the public interest. Therefore, It is ordered, That the Respondents Golden City Hosiery Mills, Inc., a corporation, and its officers, and Charles M. Griffin, individually and as an officer 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 distribution in commerce, as “commerce” is defined in the Federal Trade Commission Act and the Wool Products Labeling Act, of hose, socks or other wool products, as “wool products” are defined in and subject to the Wool Products Labeling Act of 1939, do forthwith cease and desist from: A. Misbranding such products by:

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

2. Failing to affix securely 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 product, exclusive of ornamentation not exceeding five percentum of the total fiber weight, of (1) wool, (2) reprocessed wool, (3) reused GOLDEN CITY HOSIERY MILLS, INC., ET AL. 1071 1069 Decision wool, (4) each fiber other than wool where the percentage of weight of such fiber is five percentum or more, and (5) the aggregate of all other fibers;

(b) The maximum percentage of the total weight of such wool product, of any non-fibrous loading, filling or adulterating matter; (c) The name or the registered identification number of the manufacturer of such wool product or of one or more persons engaged in introducing such wool product into commerce, or in the offering for sale, sale, transportation, distribution, or delivery for shipment of such wool product in commerce, as “commerce” is defined in the Wool Products Labeling Act. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 22nd day of May, 1957, become the decision of the Commission; and, accordingly:

It is ordered, That respondents Golden City Hosiery Mills, Inc., a corporation, and Charles M. Griffin, individually and as president of said corporation, shall, within sixty (60) days after service upon them of this order, file 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. 511071—_60—_69 Decision 53 B.T.C.