Sam Golden & Son, Inc.

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IN THE MATTER OF SAM GOLDEN & SON, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7131. Complaint, Apr. 1958-Decision, Sept. 24, 1958 Consent order requiring distributors of woolen stocks in Woonsocket, RI., to comply with the labeling requirements of the Wool Products Labeling Act, and to cease misrepresenting the fiber content of their products by invoicing as "90% wool," products which contained reprocessed and reused wool.

Charles W. O'Connell Esq., for the Commission. Higgins Silverstein by Sidney Silverstein Esq., of Woonsocket, R.I., for respondents.

INITIAL DECISION BY ROBERT L. PIPER, HEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondents on April 25, 1958, charging them with having violated the Wool Products Labeling Act, the rules and regulations issued thereunder, and the Federal Trade Commission Act, by misbranding and falsely representing their wool products. Respondents appeared by counsel and entered into an agreement, dated July 18 , 1958, containing a consent order to cease and desist, disposing of all the issues in this proceeding without further hearings, which agreement has been duly approved by the director of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore duly designated to act as hearing examiner herein, for his consideration in accordance with 93.25 of the Rules of Practice of the Commission. Respondents, pursuant to the aforesaid agreement, have admitted all of the jurisdictional allegations of the complaint and agreed that the record may be taken as if findings of jurisdictional facts allegations. Said had been made duly in accordance with such agreement further provides that respondents waive all further procedural steps before the hearing examiner or the Commission including the making of findings of fact or conclusions of law and the right to challenge or contest the validity of the order to cease and desist entered in accordance with such agreement. consist solely It has also been agreed that the record herein shall of the complaint and said agreement, that the agreement shall Order 55 F.

not become a part of the official record unless and until it becomes a part of the decision of the Commission, that 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, that said order to cease and desist shall have the same force and effect as if entered after a full. hearing and may be altered, modified, or set aside in the manner provided for other orders, and that the complaint may be used in construing the terms of the order.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing the consent order, and it appearing that the order and agreement cover all of the allegations of the complaint and provide for appropriate disposition of this proceeding, the agreement is hereby accepted and ordered filed upon this decision and said agree- 111ent becoming part of the Commission s decision pursuant to ~~3.21 and 3.25 of the Rules of Practice, and the hearing examiner accordingly makes the following findings, for jurisdictional purposes, and order:

1. Respondent Sam Golden & Son, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Rhode Island, with its office and place of business located at 533 Second A venue, in the city of Woonsocket, State of Rhode Island.

Respondent Harold Golden is the secretary and acting treasurer of said corporation, and his office and place of business is the same as that of the corporate respondent. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under the Wool Products Labeling Act and the Federal Trade Commission Act, and this proceeding is in the interest of the public.

ORDER It is ordered That respondents Sam Golden & Son, Inc. , a corporation, and its officers, and Harold Golden, 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 . SAM GOLDEN & SON, INC., ET AL. 451 449 Decision Commission Act and the Wool Products Labeling Act of 1939 of woolen stocks, or other "wool products" as such products are defined in, and subject to, said Wool Products Labeling 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 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 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 wool product into commerce, or in the offering 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 further ordered That respondents Sam Golden & Sons Inc., a corporation, and its officers, and Harold Golden, 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 offering for sale, sale or distribution of woolen stocks 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 01. the amount of the constituent fibers contained in such products on invoices or sales 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 shall, on the 24th day of September 1958, become the decision of the Commission; and accordingly:

It is onlered That the above-named respondents shall, with- Decision 55 F.

filein sixty (60) days after service upon them of this order, 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.

UNITED STATES SAFETY SERVICE COMPANY 45"3 Decision