Samuel Miller & Sons, Inc.

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IN THE MATTER OF SAMUEL MILLER & SONS, INC., ET AL CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7161,.. Com.plaint, Ma,y 1958-Decis' ion, Oct. , 1958 Consent order requiring manufacturers in New York City to cease violating the Wool Products Labeling Act by stamping or tagging as "All Wool interlining materials which contained substantial quantitjes 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 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 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 nlay 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 SAMUEL MILLER & SONS, INC., ET AL. 617 616 Order 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 Samuel l\1iller & Sons, Inc., is a corporation organized and existing under the laws of the State of New York. Respondents Isidor Goldfarb and Mortimer Miller are president and secretary, and treasurer and vice president, respectively, of the corporate respondent. The office and place of business of all respondents is located at 323 West 37th Street, New York, N. 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 ordered That respondent Samuel Miller & Sons, Inc. , a corporation, and its officers, and Isidor Goldfarb and Mortimer Miller, individually, and as officers, of the said corporation, and respondents' 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 interlining materials 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 stamping, 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 wool, (4) each fiber other than wool 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 matter;

Decision 55 F.

(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 "comnlerce" is defined in the Wool Products Labeling Act of 1939.

It is further onlered That respondents Samuel lVliller & Sons Inc. , a corporation, and its officers, and Isidor Goldfarb and Mortimer Miller, individually, and as officers of the said corporation, and respondents' representatives, agents or employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of interlining materials, or any other materials, 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 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 o1'dered. That respondents Samuel Miller & Sons, Inc., a corporation, and Isidor Goldfarb and IVlortimer Miller, individually and as officers of the 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 111anner and form in "Thich they have complied with the order cease and desist.

AVON PUBLICATIONS, INC., ET AL. 619 Decision