Jehiel Hocherman

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IN THE MATTER OF JEHIEL HOCHERMAN DOING BUSINESS AS J. H. MAI-UFACTURING COMPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING j\CTS Docket 7261. C01H7Jlaint. , SelJt. 1955-Decision, Dec. 24, 19.58 Consent order requiring a manufacturer in Ne"\v York City to cease violating the Wool Products Labeling Act by tagging as "40-50% rep. wool blankets which co-nt.ained substantially le"5 woolen fibers than thus represented; by improperly describing a portion of the fiber content of sleeping bags on labels as "Napper; and by failing to comply with other labeling requirements of the Art.

Mr. S. lIous" supporting complaint. Respondent, Pro se.

INITIAL DECISION BY ,JOHN B. POINDEXTER, HEARING EXAMINER On September 17, 1958, the Federal Trade Commission issued a complaint. charging that Jehie! Hocherman, an individual doing business as J. H. Manufacturing Company, hereinafter referred to as respondent, has violated the provisions of the Federal Trade Commission Act and t.he Wool Products Labeling Act of 1939 and the Hules and Regulations promulgat.ed under said Wool Products Labeling Act by misbranding t.he wool products which he manufactures.

A Her issuance and service of the complaint., the respondent. and counsel supporting the complaint entered into an agreement for a consent order. The order disposes of the matters complained about. The ag-reement has been approved by the director and assistant director of the Bureau of Litigation. The pertinent provisions of said agreement are as follo\vs: Respondent admits aH jurisdictional facts; the complaint. may be used in const.ruling the terms of the order; the order shah have the same force and effect as if ent.ered after a fuH hearing and the said agreement shall not become a part of the offcial record of the proceeding unless and unti it become') a part of the decision of the Commission; the record herein shah consist solely of the complaint. and the agreement; respondent waives the requirement t.hat the decision must contain a statement. of findings of fact and conclusions of law; respondent. waives further procedural steps before the hearing examiner and the Commission , , J. II. MANUFACTURING CO. 945 944 Order and the order may be altered, modified, or set aside in the manner provided by statute for other orders; respondent waives any right to challenge or contest the validity of the order entered in accordance with the agreement and the signing of said agreement is for settement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint.

The undersigned hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof wi! be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order:

JURISDICTIONAL FINDINGS 1. Respondent Jehiel Hocherman is an individual doing business as J. H. Manufacturing Company with his offce and principal place of business at 588 Broadway, New York, N.Y. He formulates, directs, and controls the acts, practices, and policies of said business.

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 the respondent J ehiel Hocherman, an individual doing business as J. H. Manufacturing Company, or under any other name, and his 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 Wool Products Labeling Act of J 939 , of blankets and sleeping bags or other wool products, as such products arc defined in and subject to the Wool Products Labeling Ad 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 thc constituent fibers included therein. 2. Failing to securely affx to or place on each such prod uct a stamp, tag, label, or other means of identification sho\ving in a clear and conspicuous manner:

946 FEDERAL TRADE COMMISSION D, CISIONS Decision 55 F.

(a) The percentage of the total fiber weight of such wool products, 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 products of any nonfibrous loading, filling, or adulterating matter;

(c) The name or the registered identification number of the manufacturer of such wool products or of one or more persons engaged in introducing such wool products 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.

, de- ,;' Setting out on labels attached to products information scriptive of the fiber contents, in abbreviated words or terms. 4. Using a name on labels, when naming the fibers in the required information, that is not the common generic name of the fiber.

DECISION OF THE COMMISSION A D ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s I,ules of Practice, the initial decision of the hearing examiner shall, on the 24th day of December 1958, become the decision of the Commissian; and, accordingly:

It is ordel That the respondent herein shall within 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.

KISBA FUR CORPORATION, ET AL. 947 Decision