Shay Auerbach

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

In true Marrer or SHAY AUERBACH TRADING AS BELVEDERE WOOL CO. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 67838. Complaint, Apr. 19, 1957—Decision, Jan. 16, 1958 Consent order requiring a manufacturer of wool products in Brooklyn, N.Y., to cease violating the Wool Products Labeling Act by failing to comply with the labeling requirements and by invoicing products falsely. Mr. Harry E. Middleton, Jr., for the Commission. Mr, Samuel Shapiro, of New York, N.Y., for respondent. Initia, Decision By Asner E, Lipscoms, Heartnc Examiner The complaint herein was issued on April 19, 1957, charging re-: spondent with misbranding and falsely and deceptively invoicing his wool products, in violation of the Federal Trade Commission Act. and of the Woo] Products Labeling Act of 1939 and the rules and regulations promulgated thereunder.

Thereafter, on November 1, 1957, following a hearing at. which counse] supporting the complaint completed the presentation of his evidence and rested his case, respondent, his counsel, and counsel supporting the complaint herein 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. The agreement identifies Respondent Shay Auerbach as an individual trading as Belvedere Wool Co., with his office and principal place of business located at 99 Broadway, New York, N.Y. Respondent admits all the jurisdictional facts alleged in the complaint, and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations.

Respondent waives any further procedure before the hearing examiner and the Commission; the making of findings of fact. and conclusions of Jaw; and all the rights he 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 BELVEDERE WOOL CO. 935 934 Decision 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 the respondent. that he has 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 respondent and over his acts and practices as alleged in the complaint; and finds that this proceeding is in the public interest. Therefore, It is ordered, That the respondent, Shay Auerbach, an individual trading as Belvedere Wool Co., 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 in 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 1939, of wool fibers or other wool products, as such products are defined in and subject to said Wool Products Labeling Act of 1989, which products contain, purport to contain, or in any way are represented as containing “wool,” “reprocessed wool,” or “reused wool” as those terms are defined in said act, do forthwith cease and desist from misbranding such products by: 1. Failing to securely affix 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 product, exclusive of ornamentation not exceeding 5 per centum 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 5 per centum or more, and (5) the aggregate of all other fibers;

(b) The maximum percentage of the total weight of such wool product. or of any nonfibrous loading, filling, or adulterating matter; (ce) 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 Decision dt I.T.C.

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 further ordered, That the respondent, Shay Auerbach, an individual trading as Belvedere Wool Co., 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 offering for sale, sale, or distribution of wool fibers or other merchandise, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from, directly or indirectly :

Misrepresenting in sales invoices, shipping memoranda, or in any other manner the fiber content of said products. 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 16th day of January, 1958, become the decision of the Commission; and, accordingly :

lt tis ordered, That respondent Shay Auerbach, an individual trading as Belvedere Wool Co., 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 cease and desist. RELIABLE LUGGAGE, INC., ET AL. ~ 937 Decision