Miller Wool Waste Coo., Inc.

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

In rue Marrer or MILLER WOOL WASTE Coo., INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 6941, Complaint, Nov. 15, 1957—Decision, Mar. 15, 1958 Consent order requiring sellers in Boston, Mass., to cease violating the Wool Products Labeling Act by labeling as “100% wool,” woolen stocks which contained substantial quantities of reprocessed wool. Charles W. O’Connell, Esq., for the Commission. Brown, Rudnich & Freed, of Boston, Mass., for respondents. Inrrtau Decision py James A. Purcei,, Heartrnc Examiner The complaint in this proceeding, issued November 15, 1957, charges the respondents Miller Wool Waste Co., Inc., a corporation, and AUen J. Miller, individually and as an officer of the corporate respondent, with violation of the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939, and of the rules and regulations promulgated under authority of the said Wool Products Labeling Act, in connection with the introduction into commerce, or offering for sale, sale, transportation or distribution of woolen stocks, in commerce, as “commerce” is defined in said acts. After the issuance of said complaint respondents, on December 13, 1957, entered into an agreement for a consent order with counsel in support of the complaint, disposing of all of the issues in this proceeding, which agreement. was duly approved by the acting director and assistant director of the Bureau of Litigation of the Federal Trade Commission. It was expressly provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint. By the terms of said agreement, the respondents admitted all of the jurisdictional allegations of the complaint and agreed that the record herein may be taken as though the Commission had made findings of jurisdictional facts in accordance with such allegations. By said agreement the parties expressly waived a hearing before the hearing examiner or the Commission, the making of findings of fact or conclusions of law by the hearing examiner or the Commission, the filing of exceptions and oral argument before the Commission, and all further and other procedure before the hearing examiner and the 528577—60——-74 Order 54 FTC.

Commission to which the respondents may otherwise be entitled under the Federal Trade Commission Act or the rules of practice of the Commission.

By said agreement, respondents further agreed that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as though made after a full hearing, presentation of evidence and findings and conclusions thereon, and specifically waived any and all right, power or privilege to challenge or contest the validity of such order.

It was further provided that said agreement, together with the complaint, shall constitute the entire record herein; that the complaint. herein may be used in construing the terms of the order issued pursuant to said agreement; and that the said order may be altered, modified or set aside in the manner provided by statute for other orders of the Commission.

Said agreement recites that respondent Miller Woo] Waste Co., Inc., is 8 corporation existing under and by virtue of the laws of the State of Massachusetts, with its office and principal place of business located at 200 Summer Street, room 606, Boston, Mass.; and that respondent Allen J. Miller is an individual and treasurer of the corporate respondent; that as such he formulates, directs and controls the acts, policies and practices of the corporate respondent. The hearing examiner has considered such agreement and the order therein contained, and, it appearing that said agreement and order provides for an appropriate disposition of this proceeding, the same is hereby accepted and is ordered filed upon becoming part of the Commission’s decision in accordance with sections 3.21 and 8.25 of the rules of practice, and in consonance with the terms of said agreement, the hearing examiner finds that the Federal Trade Commission has jurisdiction of the subject. matter of this proceeding and of all respondents named herein, and that this proceeding is in the interest. of the public, wherefore he issues the following order : ORDER It is ordered, That respondent Miller Wool Waste Co., Inc., 0 corporation, and its officers, and respondent Allen J. Miller, 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 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 1939, of woolen stocks or other MILLER WOOL WASTE CO., INC., ET AL. 1149 1147 Decision ‘wool products,” as such products are defined in and subject to the Wool Products Labeling Act of 1939, which products contain, purport to contain or im 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:

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

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 15th day of March 1958, become the decision of the Commission; and, accordingly : It is ordered, That the respondents herein 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. Decision 54 F.T.C.