B. Schoolsky & Son, Inc.

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

IN THE ~LATTER OF B. SCHOOLSKY & SON, INC., ET AL.

CONSENT ORDER , ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELI::-:G ACTS Docket 6763. Complaint, Apr. 4, 195';' Deci:sion, Dec. 10 1957 Consent order requiring manufacturers in Manville, R.I. , to cease violating the \\Tool Products Labeling Act. by failing to label wool stock as required and by representing in sales invoices and other shipping memoranda that certain stock contained various amounts of wool when in fact the fiber content was reprocessed wool" and "reused wool"

Aft. 111orion lVesmith nd lvlr. Johns. J.11athias for the Commission. AIr. Sm7/.uel Shapiro, of New York 7 , N. , and ill/'. Barnett 1rarner of Princeton, N. , for respon c1 en ts.

I~ITIAL DECISION BY JOB1\" B. POIXDEXTER, HEARING EXA;\HXEH The complaint in this proceeding charges that. B. Schoolsky & Son Inc. , a corporation, Benjamin Schoolsky, and Robert Schoolsky, individually and as officers of said corporation, hereinafter railed respondents, have violated t,he provisions of the Federal Trade Commission Act, the "'\Vool Products Labeling Act of 1939 , and the rules and regulations promulgated under' the last-named act by misbranding and mislabeling wool products.

After issuanee a,nd senTjce of the complaint, the respondents, their counsel, and counsel supporting the complaint entered into a,11 agreement for a consent order. The order disposes of the matters C'ompla,ined about. '1'he agreement has been approved by the director and assistant director of the Bureau of Litigation. The pertinent provisions of said agreement are ns follmn;: Hespondents a.admit. all jurisdictional facts; the complaint may be used in construing thc terms of the order: the order shrill have the sn. force and effect fls if entered aft.er a full hearing and the said agreement shall not become a part of the official record of the proceeding unless nd until it becomes a part of the decision of the Commission; respondents wn.ive the l'equin'ment that the decision must contain fl statement of findings of fact and conclusion of law; respondents waive further procedural steps before the hearing exa.miner and the Commission and the order may be altered, modified, or set, aside in the manner provided by statute for other orders; respondents waive any right to challenge or eon test the validity of the order entered in accordance Order 54 F.

with the agreement; and the signing of said 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. 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, nlakes the following jurisdictional findings, and issues the following order: JURISDICTIONAL FINDINGS 1. Respondent B. Schoolsky & Son, Inc. , is a corporation existing and doing business under and by virtue of the laws of the State of Rhode Island, with its office and principal place of business located at 8 Albion Road, Nlanville, Respondent Benjamin Schoolsky is the president and treasurer R.I. and respondent Robert Schoolsky is the vice president a.nd secretary of the corporate respondent. These individuals formulate, direct and control the. a.cts, policies, and practices of the corporate respondent The address of the individual respondents is the same as that of the corporate respondent.

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

Order It is ordered That the respondent, B. Schoolsky & Son, Ine. , a corporation, and its officers; respondent Benjamin Sehoolsky, in(lividually and as an officer of said corporation, and respondent Robert Schoolsky, individually and as an officer of said corporation, a, respondents ' representatives, agents, a.nd employees, directly, or through any corporate or other.r device, in connection with the introduetion 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 La.beling Act of 1939, of reprocessed wool or reused wool or other "wool products " as "wool products " are defined in the vV 001 Products Labeling Act of 1939, do forthwith cease and desist from misbranding or mislabeling such products by: Failing to securely affix to or place on each such product a stamp, tag, label, or other means of identification shO'iving in a clear and eon- SPJC.uous manner:

(a) The percentage of the total fiber weight of such wool product exc.lusive of ornamentation not exceeding 5 per centum of said total fiber weight, of (1) wool, (2) reprocessed wool, (3) reused wool B. SCHOOLSKY & SONS, INC., ET AL. 703 701 Decision (4) each fiber other than wool where said percentage by weight of such fiber is 5 per centum or more, (5) the aggregate of all other :fibers' (b) The maximum percentage of the total weight of the wool product, of any nonfibrous loading, filling, or adulterating matter; (c) The name or registered identification number of the manufacturers of such wool product, or of one or more persons engaged in introducing such wool product into commerce, or in the oflering for sale, sale, transportation, distribution, or delivery for shipment thereof in commerce, as "CO111meree" is defined in the 'V 001 Products Labeling Act of 1939.

It is further o'l'dated That B. Schoolsky & Son, Inc. , a. corporation and its officers; respondent Benjamin Schoolsky, individually and as an officer of said corporation and responclen t Robert Schoolsky, individually and as a, offleer of said corporation, and respondents representatives, agents, and employees, directly, or through any corporate or other device. , in connection with the offering for sale sale, or distribution of wool, reprocessed wool or reused wool stock or any other products in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1\,lisre,presenting the constituent fibers of which their products are composed or the percentages or amounts thereof, in sales invoices shipping memoranda. or in any other manner. DECISION OF THE COMMISSIO); A:ND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to section 3.21 of the Commission s rules of practice, the initial deeision of the hearing examiner shall, on the 10th day of Deeembel' 1957 become the decision of the Commission; and, fi. cordingly:

It is o1Ylered That the respondents herein shall within sixty (60) days after service upon then1 of this order, file with the Commission a report in writing setting forth in detail the manner a,nd form in which they have eomplied with the order to cease and desist. Decision 54 F.