Krintzman Dusting Mills Co., Inc.

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IN THE MATTER OF KRINTZMAN DUSTING MILLS CO., INC., ET AL. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PIWDUCTS LABELING ACTS Docket 722.9. Complaint, Aug. 7, 1958-Decision, Sept. , 1958 Consent order requiring manufacturers in North Oxford, Mass. , to disclose the fiber content and manufacturer identification number on labels attached to woolen waste products, anci to cease misrepresenting the fiber content on invoices or shipping memoranda. Mr. Cha.des lV. O' Connell for the Commission. No.appearance for the respondents.

INITIAL DECISION BY \VILLIAM L. PACK , HEARING EXAMINER The complaint in this matter charges the respondents with misbranding certain wool products in violation of the Wool 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 waiving 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 KRINTZMAN DUSTING MILLS CO. INC., ET AL. 337 336 Order agreement is hereby accepted, the following jurisdictional findings made, and the follo\ving order issued: 1. Respondent Krintzman Dusting 1\iills Co., Inc., is a corporation organized and existing under the laws of the Commonwealth of l\lassachusetts. Respondents Samuel Krintzman, Edward Krintzman, and Abraham Krintzman are president, treasurer and clerk, respectively, of said corporate respondent. The office and place of business of all respondents is located in North Oxford l\Iass.

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 ordc1' That respondents Krintzman Dusting Mills Co. Inc., a corporation, and its officers, and Samuel Krintzman, Edward Krintzman, and Abraham Krintzman, 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 Commission Act, and the Wool Products Labeling Act of 1939, of woolen wastes or other "wool products as such products are defined in, and subject to, the \VoolProducts Labeling Act, do forthwith cease and desist from l11isbranding such products by:

1. Failing to securely affix to, or place on, each such product a stamp, tag or label or other means of identification sholving ill a clear and conspicuous manner:

(a.) The percentage of the total fiber \veight 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 v/here 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 \vool products 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 vvool product into commerce, or in the offering for sale, sale, transportation, distribution or delivery Decision 55 F.

for shipment thereof in commerce, as "commerce" is defined in the \Vool Products Labeling Act of 1939. I t is further oTClered That respondents Krintzman Dusting :Mills Co., Inc., a corporation, and its officers, and Samuel Krintzman, Edward Krintzman and Abraham Krintzman, individually and as officers of said corporation, and respondents' representatives, agents and elTIployees, directly or through any corporate oror other device, in connection with the offering for sale, sale, distribution of woolen wastes or any other products, in commerce as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting the character or amount of the constituent fibers contained in such products, on invoices and 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 decision of the Commission; and accordingly:

It is ordered That respondents Krintzman Dusting l\iills Co. Inc., a corporation, and Samuel Krintzman, Edward Krintzman and Abrahanl Krintzman, individually and as officers of said corporation, shall, within sixty (60) days after service upon them in writing, settingof this order, file with the Commission a report forth in detail the manner and form in which they have complied with the order to cease and desist..

THE B. P. COOLEY COMPANY ET AL. 339 Decision