Accurate Quilting Company, Inc.

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IN THE MATTER OF ACCURATE QUILTING COMPANY, INC., ET AL. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7139. Complaint, May 1958-Decision, Nov. 7, 1958 Consent order requiring manufacturers in Hoboken, N. , to cease violating the Wool Products Labeling Act by labeling interlining materials which the per- contained substantially less reprocessed or reused wool than centage set out, as "70 % Reprocessed Wool, 30 Man-made Fibers 80% Reused Wool, 20% Unknown Fibers 100% Reprocessed Wool etc., and by failing to label other materials as required. Tho1nas A. Ziebarth Esq., for the Commission. INITIAL DECISION BY JAMES A. PURCELL, HEARING EXAMINER The complaint in this proceeding, issued May 7, 1958, charges the respondents above named with violation of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939 and of the Rules and Regulations promulgated under authority of the said Wool Products Labeling Act, in connection with the introduction or manufacture for introduction into commerce sale, offering for sale, transportation and distribution, and delivery for shipment in commerce of interlinings or other wool products in commerce, as "commerce" is defined in said Acts. After the issuance of said complaint respondents, on August , 1958, entered into an agreement for a consent order with counsel supporting the complaint, disposing of all of the issues in this proceeding, which agreement was duly approved by the director and assistant director of the Bureau of Litigation of the Federal Trade Commission. It was expressly provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint. all of By the terms of said agreement, respondents admitted the jurisdictional allegations of the complaint and agreed that the record herein may be taken as though the Commission- had made findings of jurisdictional facts in accordance with such allegations. By said agreement the parties expressly waived a , the hearing before the hearing examiner or the Commission making of findings of fact or conclusions of law by the hearing Order 55 F.

examiner or the Commission, the filing of exceptions and oral argument before the Commission, and all further and other procedure before the hearing examiner and the Commission to which the respondents may otherwise be entitled under the Federal Trade Commission Act or the Rules of Practice of the Commission. By said agreement, respondents further agreed that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as though made after a full hearing, presentation of evidence and findings and conclusions thereon, and specifically waived any and all right, power or privilege to challenge or contest the validity of such order. It was further provided that said agreement, together with the complaint, shall constitute the entire record herein; that the complaint herein may be used in construing the terms of the order issued pursuant to said agreement; and that the said order may be altered, modified or set aside in the manner provided for other orders of the Commission.

Said agreement recites that respondent Accurate Quilting Company, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York with its offices and principal place of business located at 225 Adams Street, Hoboken, N.J. Individual respondents Joseph Teitelbaum and S. J. Tuttle are president and secretary-treasurer, respectively, of said corporate respondent and have the same address as the corporate respondent.

The hearing examiner has considered such agreement and the order therein contained, and, it appearing that said agreement and order provides for an appropriate disposition of this proceeding, the same is hereby accepted and, without further notice to respondents is ordered filed upon becoming part of the Commission s decision in accordance with Sections 3.21 and 3.25 of the Rules of Practice, and in consonance with the terms of said agreement, the hearing examiner finds that the Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents named herein, and that this proceeding is in the interest of the public, wherefore he issues the following order:

ORDER It is ordered That respondents Accurate Quilting Company, Inc., a corporation, and its officers, and Joseph Teitelbaum and S. J. Tuttle, individually and as officers of said corporation, and ACCURATE QUILTING COMPANY, INC., ET AL. 703 701 Order 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 "\"001 Products Labeling Act of 1939, of woolen battings or other wool products as such products are defined in and subject to, said Wool Products Labeling Act, do forthwith cease and desist from:

A. Misbranding such products by:

(1) Falsely or deceptively tagging, labeling or otherwise identifying such products as to the character or amount of the constituent fibers contained therein;

(2) Failing to securely affix to, or place on, each such product a stamp, tag or 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) "vool, (2) reprocessed wool, (3) reused wool, (4) each fiber other than wool where the 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 nonfibrous loading, filling or adulterating matter and;

(c) The name or the registered identification number of the manufacturer of such wool product or 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 Accurate Quilting Company, Inc., a corporation, and its officers, and Joseph Teitelbaum and S. J. Tuttle, 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 offering for sale, sale or distribution of woolen interlining materials or 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 or shipping memoranda applicable thereto or in any other manner. Decision 55 F.

DECISION OF THE COM MISSION 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 7th day of November, 1958, become the decision of the Commission; and, accordingly:

It is ordered That the respondents herein 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.

ALLEGHANY PHARMACAL CORP, ET AL. 705 Decision