Nathan Gliksman
Volume 55 · 55 F.T.C. 601
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Nathan Gliksman, 55 F.T.C. 601 (1958). Consumer Law Library, https://consumerlawlibrary.org/decisions/v055-0111
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IN THE MATTER OF NATHAN GLIKSMAN TRADING AS ATLANTIC TEXTILE Camp ANY CONSENT ORDER. ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7167. Complaint, May 1958-Decision, Oct. , 1958 Consent order requiring a manufacturer in Malden, Mass., to cease violating the Wool Products Labeling Act by tagging as "90% Wool 10% Synthetics," woolen stock which contained substantially more than 10 percent of nonwoolen fibers, and by failing in other respects to comply with the labeling requirements of the Act.
Mr. John T. Walker for the Commission. No appearance for the respondent.
INITIAL DECISION BY WILLIAM L. PACK, HEARING EXAMINER The complaint in this matter charges the respondent 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 respondent and counsel supporting the complaint which provides, among other things, that respondent admits 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, respondent specifically waiving any and all rights to challenge or contest the validity of such order; that the order may 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 for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint.
The hearing examiner having considered the agreement and Order 55 F.
proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted: the following jurisdictional findings made, and the following order issued: 1. Respondent Nathan Gliksman is an individual, trading as Atlantic Textile Company, with his principal place of business located at 77 Mount Yernon Street, lYlalden, l\iass. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.
ORDER It is ordered That respondent Nathan Gliksman, an individual trading as Atlantic Textile Company, or under any other name and respondent's representatives, agents or 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 stocks or other "wool products " as such products are defined in and subject. to the Wool Products Labeling Act of 1939, do forthwith cease and desist from misbranding such products by: 1. Falsely or deceptively stan1ping, tagging, labeling or otherwise identifying such products as to the character or amount of the constituent fibers included therein; 2. 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 '\Tool, (4) each fiber other than ,vool where said percentages by weight of such fiber is five percentum or more, and (5) the aggregate of all other fibers;
(b) The maximum percentages of the total weight of such wool product of any nonfibrous loading, filling, or adulterating ma tter ;
(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 TLANTIC TEXTILE CO. 603 601 Decision for shipment thereof in commerce, as "commerce" is defined in the Wool Products Labeling Act of 1939.
It is further oTdwred That respondent Nathan Gliksman, an individual, trading as Atlantic Textile Company, or under any other name, and respondent's representatives, agents or eminployees, directly or through any corporate or other device, connection with the offering for sale, sale or distribution of woolen stocks, or any other wool products, in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting the constituent fibers thereof on invoices or other shipping memoranda or in any other manner.
DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE s Rules of Prac- Pursuant to Section 3.21 of the Con1mission tice, the initial decision of the hearing examiner shall, on the 17th day of October 1958, became the decision of the Commission; and, accordingly:
It is oTdwJ'ed That respondent herein shall, whhin 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. Decision 55 F.