Kulin Waste Co.

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

IN THE MATTER OF KULIN WASTE CO. ET AL.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 6983. Complaint., Dec. 13, 1957-Decision, Oct. , 1958 Consent order requiring a manufacturer in Worcester, Mass., to cease violating the Wool Products Labeling Act by identifying woolen stocks which contajned substantial quantities of reprocessed or reused wool, as "90% wool, 5% rayon and 5% other fibers" in invoices and shipping memoranda. :tit. Daniel T. Coughlin and lij'1'. Henry Stringer for the Commission.

l'riT. Sa1nuel K'une' and 1'r1?' . Sydney Litter of l\larlboro, Mass. for Kulin Waste Co. Louis Kulin and Abraham Kulin. INITIAL DECISION AS TO CERTAIN RESPONDENTS BY WILLIAM L. PACK, HEARING EXAMINER The complaint in this matter charges the respondents with violating the Vlfool Products Labeling Act and the Rules and Regulations promulgated thereunder, and the Federal Trade Commission Act, in connection with the sale of wool stock. An agreement for disposition of the proceeding as to all respondents except l\Iichael Silver has now been entered into by such respondents and their attorneys and counsel supporting the complaint. The term "respondents" as used hereinafter ,vill not include Michael Silver.

The agreement provides, among other things, that respondents adn1it all of the jurisdictional allegations of 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 la\v 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 altered, modified, 01' set aside in the manner provided for other orders of the Commission; that the complaint n1ay be used in KULIN WASTE CO. ET AL. 605 604 Order construing the terms of the order; and that the agreement 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 agreement is hereby accepted, the following jurisdictional findings lllade, and the following order issued: Co. (erroneously referred to in 1. Respondent, Kulin Waste the complaint as Kulin Waste CG., Inc. ) is a corporation existing of l\1assa- and doing business under the laws of the Commonwealth chusetts. Individual respondents, Louis Kuhn and Abraham Kulin are president and treasurer, respectively, of said corporation. The is lo- office and principal place of business of all respondents cated at 31 Mulberry Street, Worcester, 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 , Kulin \Vaste Co. (en' one- It is ordered That t.he respondents ously referred to in the complaint as Kulin Waste Co. , Inc. ), a corporation, and its officers, and Louis Kulin and Abraham Kulin, individually and as officers of said corporation, and respondents through any agents, representatives, and employees, directly or corporate or other device, in connection with the introduction or manufacture for introduction into commerce, or the offering distribution in commerce, as for sale, sale, transportation or commerce" is defined in the Federal Trade Commission Act and ~ the Wool Products Labeling Act of 1939, of wool stock or other wool products " as such products are defined in and subject to the Wool Products Labeling Act of 1939 which products conrepresented as con- tain, purport to contain or in any way are taining "wool, reprocessed wool " or "reused wool " as those terms are defined in said Act, do forthwith cease and desist from misbranding such products by:

or other- 1. Falsely or deceptively stamping, tagging, labeling amount of wise identifying such products as to the character or the constituent fibers contained or included therein; 2. Falsely or deceptively identifying such products as to the character or amount of the constituent fibers contained or In- Decision 55 F.

eluded therein on sales invoices or shipping memoranda applicable thereto;

3. 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 per centum 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 per centum 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 n1atter;

(c) The name or the registered identification number of the manufacturer of such '\Tool product or of one or more persons engaged in introducing such '\1001 product into commerce, or in the offering for sale, sale, transportation, distribution or delivery for shipment thereof in con1merce, as "eomn1erce is defined in the \i\Tool Products Labeling Act of 1939. 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 18th day of October 1958 become the decision of the Commission; and, accordingly:

It is ordered That respondents Kulin Waste Co. (erroneously referred to in the complaint as Kulin Waste Co. Inc.), a corporation, and Louis Kulin and Abraham Kulin, individually and as officers of said corporation, 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. SYDCO INDUSTRIES, INC., ET AL. 607 Decision