Louis Macktez, Inc., et al.

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Ix THE MATTER OF LOUIS YIACKTEZ , It\C., ET AL.

CONSENT ORDB:R, ETC., IN REGARD TO THE ALLEGED VWLATIO;- OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODl CTS LABELING ACTS Docket 7:293. Complaint. , N01l. 1.'J.'i8-- Dccisiol1, Alar, , 195.9 Consent order requit'ing a manufacturer in Millvillc, )1a55., to cease violating the Wool Products Labeling" Act by labeling" woolen stocks falsely as 100% wool" and by failing- in other respects to comply with the labeling requirements of the Act.

Mr. Garland S. Fergusun for the Commission. Iliggins Silvers!ei" , by Mr. Sidne!! Silverstein of Woonsocket, R. , for respondents.

INITIAL DECISION BY W ALn R R. JOHNSON, HEARING EXAMINER In the complaint dated November 5, 1958, the respondents are charged with violating the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act and the Rules and I egulations made pursuant thereto. On ,r anuary 27, 1959 , the respondents and their attorney entered into an agreement with counsel in support of the complaint for a consent order.

The hearing examiner finds that the content of the agreement meets all of the requirements of Section 3. 25 (b) of the Rules of the Commission.

The hearing examiner being of the opinion that the agreement and the proposed order provide an appropriate basis for disposition of this proceeding as to all of the parties, the agreement is hereby accepted and it is ordered that the agreement shall not become a part of the offcial record of the proceeding unless and until it becomes a part of the decision of the Commission. The following jurisdictional findings are made and the following order issued.

1. Corporate respondent Louis IVIacktez, Inc. , is a corporation existing and doing business under and by virtue of the laws of the State of Rhode Island, with its offce and principal place of business located at Millville, Mass. Individual respondents Louis Macktez, Philip ,r. Macktez, and Lester A. Macktez are offcers of said corporation. They formulate, direct and control the prac- LOUIS MACKTEZ, INC., ET AL. 1591 1590 Ord tices of the corporate respondent. The address of all individual respondents is the same 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 respondents Louis Macktez, Inc., a corporation, and its offcers, and Louis Macktez, Philip J. Macktez and Lester A. Macktez, individually and as offcers of said corporation, and 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 Wool Products Labeling Act of 1939 of woolen stocks, or other "wool products" as such products are defined in and subject to said Wool Products Labeling Act, do forthwith cease and desist from:

(1) Falsely or deceptively stamping, tagging, labeling, or otherwise 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 identiication 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 percentage by weight of such fiber is ftve percentum or more, and (5) ihe aggregate of all other fibers;

(b) The maximum percentage of the total weight of such wool product of any nonfjbrous loading, filling, or adulterating matter: (c) The name or the registered identification number of the manufacturer of such vVDol 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 delivering for shipment thereof in commerce, as "commerce" is defined in the Wool Products Labeling Act of 1939. It is further onle?' That respondents Louis Macktez, Inc. , a corporation, and its offcers, and Louis Macktez, Philip J. Macktez and Lester A. Macktez, individually and as offcers of said cor- Decision 55 F.

poration, and r spondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the sale or distribution of woolen stocks or any other products in commerce, as "commerce" is detlned in the Federal Trade Commission Act, do forthwith 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 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 27th day of March, 1959 , become the decision of the Commission; and, accordingly:

It is or' de,' 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.

MERIT ENTERPRISES , INC., ET AL. 1593 Decision