Hartley Lord

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IN THE MATTER OF HARTLEY LORD AND BRADFORD JEALOUS TRADING AS LORD & JEALOUS CONSENT ORDER. ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS , Ma?". , 1959 Docket 7320. C01njJlaint, Dec. 1958-Decisio-n Consent order requiring manufacturers in Norfolk, Mass.) to cease violating 10070 wool the Wool Products Labeling Act by tagging and invoicing as woolen stocks which contained substantial quantities of reprocessed \vool and by failing to comply in other respects with labeling requirements of the Act.

Mr. Chades W. O' Connell for the Commission. Respondents vt'o se.

INITIAL DECISION BY FRANK HIER, HEARING EXAMINER Pursuant to the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939 , the Federal Trade Commission on December 2, 1958, issued and subsequently served its complaint in this proceecling against the above-named respondents.

On January 28, 1959, there was submitted io the undersigned hearing examiner an agreement between respondents and counsel supporting the complaint providing for the entry of a consent a11 order. By the terms of said agreement, respondents admit the jurisdictional facts alleged in the complaint and agree that. the record may be taken as if findings of jurisdictional fact.s had been duly made in accordance with such al1egattons. By such agreement, respondents waive any further procedural steps waive the before the hearing examiner and the Commission; making of findings of fact and conclusions of la\v; and waive al1 of the rights they may have to challenge or contest the validity ,,,iih this of the order to cease and desist entered in accordance 3agreement.

Such agreement further provides that it disposes of al1 of this proceeding as to al1 parties; that t.he record on which this initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement; that the latter shall not become a part of the offcial record unless and unti it becomes a part of the decision of the Commission; that the LORD & JEALOUS 1481 1480 Order agreement is for settement purposes only and does not constitute an admission by respondents that they have violated the Jaw as alleged in the complaint; and that the following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents, and, when so entered it shall have the same force and effect as if entered after a fuJJ hearing, and may be altered, modified, or set aside in the manner provided for other orders; and that the complaint may bc used in construing the terms of the order.

The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settement and disposition of this proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issucd. 1. Respondents Hartley Lord and Bradford Jealous are individuals and copartners trading as Lord & Jealous, with their Gffce and place of business located in Norfolk, Mass. 2. The Federal Trade Commission has jurisdiction of the sub- .i ect matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is onle1' That respondents Hartley Lord and Bradford JeaJous, as individuals and as copartners trading as Lord & .Jealous, or under any other name, and respondents' representatives agents and employees, directly or through any corporate or other device, in connection vi/ith the introduction or manufacture for the 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 woolen stocks 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 dcceptively stamping, tagging, labeling, or other- \vise falsely identifying such products as to the character or amount of the constituent fibers contained therein; 2. Failing to securely affx 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 wcight of such wool product, exclusive of ornamentation not exceeding five percentum Decision 55 F.

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 percentum or more, and (5) the aggregate of all other fibers;

(b) The maximum perccntage 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 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 "commerce " is defined in the Wool Products Labeling Act of 1939. It is jut/'he1' oTdcTed That respondents Hartley Lord and Bradforo Jealous, as individuals and as copartners trading as Lord & J calous, or under any other name, 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 stocks or any other products in commerce, as "commerce" is defined in the Federal Trade Commission Act cia forthwith cease and desist from:

Misrepresenting the character or the amount of the constituent fibers contained in such products on invoices or sales memoranda applicable thereto, or in any other manner. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIAKCE Pursuant to Section 3. 21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the 21st day of March 1959, become the dccision of the Commission; and, accordingly;

It is onliTed 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 cease and clesi.st.

EVIS MANUFACTURING CO., ET AL. 1483 Findings