R. C. Harvey Company

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IN THE MATTER OF R. C. HARVEY COIVIP ANY ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket. 7227. Complaint, Aul. 7, 1.958-Decision, Sept. 1958 Consent order requiring manufacturers in Waltham, Mass. , to disclose the fiber content and manufacturer s identification number on labels attached to woolen waste products, and to cease misrepresenting the fiber content on invoices or shipping memoranda.

l'vf1' . Charles TV. Connell for the Commission. No appearance for the respondents.

INITIAL DECISION BY WILLIAM L, PACK HEARING EXAMINER The complaint in this matter charges the respondents with misbranding certain wool products in violation of the "\Vool Products Labeling Act and the Rules and Regulations promulgated thereunder, and the Federal Trade Commission Act. An agreement has now been entered into by respondents and counsel supporting the complaint which provides among other things that respondents admit all of the jurisdictional allegations in the complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and agreement; that the inclusion of findings of fact and conclusions of law in the decision disposing of this matter is .waived, together \with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, respondents specifically \vaiving any and all rights to challenge or contest the validity of such order; that the order may be altered, modified, or set aside in the manner provided for other orders of the Commission; that the complaint may be used in construing the terms of the 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.

The hearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the R. C. HARVEY COMPANY ET AL. 331 330 Order agreement is hereby accepted, the following jurisdictional findings made, and the following order issued:

1. Respondent R. C. Harvey Company is a corporation organized and existing under the laws of the Commonwealth of Massachusetts. Respondents Ralph C. Harvey and Lawrence K. Zelkind are president and treasurer, respectively, of said corporate respondent. The office and place of business of al1 respondents is located at 144 Moody Street, Waltham, Mass. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest. ORDER It is O1'derecl That respondents R. C. Harvey Company, a corporation, and its officers, and Ralph C. Harvey and Lawrence K. Zelkind, individually and as officers 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 Comnlission Act, and the Vlool Products Labeling Act of 1939, of vvoolen wastes or other "wool products" as such products are defined in, and subject to, the Wool Products Labeling Act, do forthwith cease and desist from misbranding such products by: 1. Falsely or deceptively 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 products 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;

(b) The maximum percentage of the total weight of such wool product of any nonfibrous loading, filling or adulterating matter; (c) The name or 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 Decision 55 F.

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 fu. ther onlered That respondents R. C. Harvey Company, a corporation, and its officers, and Ralph C. Harvey and Lawrence K. Zelkincl, individually and as officers 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 woolen wastes or any other product in commerce, as "commerce is defined in the Federal Trade Commission Act, do forth\with cease and desist from misrepresenting the character or amount of the constituent fibers contained in such products, on invoices or shipping memoranda applicable thereto, or in any other manner. 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 did, on the 11th day of September 1958 become the deci3ion of the Commission; and, accordingly:

It is ordered That respondents R. C. Harvey Company, a corporation, and Ralph C. Harvey and Lawrence K. Zelldnd, individually and as officers of said corporation shall, \within sixty (60) clays after service upon them. of this order, file .with the Commission a report in \\Titing, setting forth in detail the manner and form in which they have complied \with the order cease and desist.

S. FREEDMAN & SON, INC., ET AL. 333 Decision