Jacob Schachter

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

IN THE . l\1A TTER OF JACOB SCHACHTER TRADING AS J. SCHACHTER CONSENT ORDER, ETC. . IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\fl\lis81ON AND THE WOOL PRODUCTS LABELING ACTS Docket 6762. Complaint, Apr. 4. 1957-Decision, Au.g. 24, 1957 Consent order requiring a manufacturer in New York City to cease labeling bed comforters falsely as to the wool and other fiber content and failing to label them as required, in violation of the Wool Products Labeling Act; ::Ind to cease representing falsely on advertising streamers and inserts endosed in individual containers of the comforters that the filling was 100% new material, that the comforters were treated with Westinghouse ultrfl- ,iolet . ray lamps, and that a fictitious and excessive figure was the usual retail price.

il1r. Harry E. J11iddleton~ JT. for the Commission. INITIAL DECISION BY JOHN B. POINDEXTER, HEARING EXA1\iiner The complaint in this proceeding charges that Jacob Schachter erroneously referred to in the complaint as "Jacob Schachter " trading as .T. Schachter, hereinafter called respondent, violated the provisions of the Feoeral Trade Commission Act, the vVool Products Labeling Act, Hll(1 the Rules and Regulations promulgated thereunder, in the operation of his business.

After issuance and service of the complaint, counsel supporting the complaint and the respondent entered into an agreement for a c.onsent. order. The agreement has been approved by the Director and Assistant Director of the Bureau of Litigation. The order corrects the misspel1ing of respondents name and disposes of the matters complained about.

The material provisions of said agreement are as follows: Respondent admits all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said agreement shall not become a part of the official record of the proceeding unless and until it becomes a part of the decision of the Commission; respondent waives the requirement that the decision must contain a statement of findings of fact and conclusion of law; respondent waives further procedural steps before the hearing examiner and the Commission, and the order may be altered, modified, or set aside in the manner provided by statute for other orders; respondent ,,-waives any right to challenge or contest the validity of the order entered.d in accordance with the. agreement; and the signing said agreement is for settlement purposes only and does not consti- , . J. SCHACHTER 231 230 Order tute an admission by respondent that he has violated the law as alleged in the complaint.

The hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order: JURISDICTIONAL FINDINGS 1. The respondent Jacob Schachter, erroneously referred to in the .complaint as Jacob Schacter, does business under the name of J. is locatedSchachter, and his office and principal place of business at 115 Allen Street, New York, New York.

2. The Federal Trade Commission has jurisdiction of the subject n1atter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered That respondent Jacob Schachter, an individual trading as J. Schachter or trading under any other name, and respondent' s 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 issale, transportation or distribution in commerce, as "commerce" defil1ed in the Federal Trade Commission Act and the Vlool Products Labeling Act of 1~39, of bed comforters or other "wool products as such products are defined in and subject to said ",V 001 Products Labeling Act which products contain, purport to contain, or in any way are represented as containing "wool reprocessed wool" or reused \,"001" as those terms are defined in said Act, do 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 contained therein.

2. Failing to securely affix to or place on each such product a stamp, tag or 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 said total fiber weight, of (1) wool, (2) reprocessed wool, (3) reused wool, (4) each fiber other than wool where said percentage by weight of such fiber is five percentum or more, and (5) the aggregate of all other fibers;

Decision 54 F. T..

(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 thereof in commerce, as "commerce" is defined in the Wool Products Labeling Act of 1939.

It is i'uTtheT onlered That respondent Jacob Schachter, trading as ~T. Schachter or trading under any other name, and respondent' representatives, agents and employees, directly or through any corpol' ate or other device, in connection with the offering for sale, sale or distribution of bed comforters or any other products in commerce as "commerce" is defined in the Federal Trade Commission Act, do fortlrwith cease and desist from directly or indirectly: 1. Representing in any manner that bed comforters or other products are ""\Vestinghouse Ultra-Violet Treated" or treated in any other. manner, when such is not the fact. 2. Representing, on labels or in any other manner, that certain amounts are the usual and regular retail prices of products when such amounts are in e,xce.ss of the prices at which the products are usually and regularly sold at retail.

3. Putting into operation any plan whereby retailers or others may misrepresent. (a) the regular and usual retail price of merchandise, and (b) the character, quality or treatment of the materials in such merchandise.

DECISION OF THE COl\Il\fISSION AND ORDER TO FILE REPORT OF CO::\IPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the 24th day of August, 1957, become the decision of the Commission; and aceorc1ingly:

1 t is ordered That respondent Jacob Schachter (erroneously referred to in the complaint as Jacob Schacter), an individual trading as T. Schachter, shall within sixty (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 the order to ce,ase and desist.

NUSSBAUM AND DONNENFELD, INC. ' ET AL. 233 Decision