South Village Mills, Inc.

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IN THE MATTER OF SOUTH VILLAGE MILLS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VJQLATIO;- OF THE FEDERAL, TRADE CO)IMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7217. Complaint, Allg. 4, 19S8-Decisivn, Dec. 2U , 1.958 Consent order requiring a corporate manufacturer and its president in Webster, Mass., to cease violating the 'Vaal Products Labeling Act by tagging and invoicing as 100'l Vicuna " ,yoolen fabrics which did not contain vicuna or contained substantially less than said quantity, and by failing to label wool produrt-s as required by the Act. As to the general manager of respondent corporation, the matter was disposed of by order of Oct. 21 , 1959, 56 F. C. - Mr. Da11iel T. C01lghlin and MT. Thomas P. llowde1' for the Commission.

El1J, BaTUett and BT01/11 of Boston, Mass. , hy Mr. N01 11W11 T. n1Jn1eS for South Village Mils, Inc" and Edward Kunkel. INITIAL DECISION AS TO RESPONDENTS SOUTH VILLAGE MILLS, INC. A1\D EDWARD KUNKEL BY WILLIAM L. PACK , HEARING EXAMI:\ER The complaint in this matter charges the respondents with violation of the Wool Products Labeling Act, and the RuJcs and Regulations promulgated thereunder, and the Federal Trade Commission Act, in connection with the sale and distribution of certain wool products.

An agreement for disposition of the proceeding by means of a consent order has now been entered into by counsel supporting , Inc. , and the complaint and respondents South Village Mills Edward Kunkel. Respondent Joseph Crowley is not a party to the agreement, and the term "respondents" as used hereinafter will not include this individual.

The agreement provitl€s, among other things, that respondents admit a11 of the jurisdictional allegations in the complaint; that the record on which the initial decision and the decision of the complaint Commission shall be based shall consist soldy of the and agreement; that the inclusion of fin(lings 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 ent.ered in disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, SOUTH VILLAGE MILLS INC. ET AL. 907 90G Order respondents specifically waiving any and all rights to challenge or contest the validity of such order; that the order may 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 adequate basis for appropriate disposition of the proceeding as to the present respondents, the agreement is hereby accepted, the following j urisdictionaJ findings made, and the fonowing order issued: 1. Respondent South Vilage Mils, Inc., is a corporation existing and doing business under the laws of the Commonwealth of Massachusetts, with its offce and principal place of business located at South Main Street, Webster, Mass. Individual respondent Edward Kunkel is located at the same address as that of the corporate respondent.

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 the respondents, South Village Mils, Inc., a corporation, and its offcers and Edward Kunkel, individually and as an offcer of said corporation, and respondents' agents representatives 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 comnlerce, as "commerce" is defined in the Federal Trade Commission Act and the Wool Products Labeling Act of 1939, of "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: J. Falsely or deceptively stamping, tagging, labeling or otherwise identifying such products as to the character or amount of 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 included therein on sales invoices or shipping memoranda applicable thereto;

3. Failing to securely affx to or place on each such product Decision 55 F.

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 (J) 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 matter;

(c) The name or the registered identification number of the manufacturer of Ruch \\'001 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 lIiTthe?' ordered That South Village Mils, Inc., a corporation, and Edward Kunkel, individually and as 'Ul offcer of said corporation, and respondents ' agents, representatives and employees, directly or through any corporate or other device, in connection \With the oiTering tor sale, sale or distribution of Vicuna products or materials or any other products or materials in commerce, as "commerce " is defined in the Federal Trade Commission Act, do forth"\with cease and desist from directly or indirectly:

Misrepresenting the constituent fibers of which their products are composed or the percentages or amounts thereof in sales invoices, shipping memoranda or in any other manner. DECISION OF THE COMMISSIOT\' AND ORDER TO FILE REPORT OF CO:\IPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision as to respondents South Village. Mills, Inc. and Edward Kunkel of the hearing examiner shall, on the 20th day of December J 958 , become the decision of the Commission; and, accordingly:

It is on/ered That respondents South Village iills, Inc., and Edward Kunkel, shall within sixty (60) days after service upon them of this order, file "\"ith the Commission a report in "\writing settng forth in detail the manner and form in which they have complied with the order to cease and desist. COMBINED INSURANCE COMPANY OF AMERICA 909 Order