Country Tweeds, Inc.

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IN THE MATTER OF COUNTRY TWEEDS, INC., ET AL.

CONSENT ORDER.. ETC., IN REGARD TO TIU: ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7314. Complaint, l\lov. 1958-Decision, A1Jr. , 195, Consent order requiring a manufacturer in New York City to cease violating the Wool Products Labeling Act by labeling as "80% Alpaca and Mohair 20(/c .:ylon" and 8070 Alpaca and Woo! and Mohair, 20% Nylon " coats which contained a negligible amount of alpaca and substantia!1y more than 20S'1: nylon, and by failing in other respects to comply with the labeling requirements; and by making similar false claims for their Kashmoor " ladies ' coats in advertising in newspapers, magazines, etc. and promotional material furnished to retailers. Mr. Thomas A. Ziebarth for the Commission. Ba""hay Frankel of New York, N. by M,.. N"than Frankel for respondents.

INITIAL DECISION BY WILLIAM L. PACK, HEARING EXAMINER The complaint in this matter charges the respondents with misbranding certain wool products in violation of the Wool Products Labeling Act and the Rules and Hegulations promulgated thereunder, and the Federal Trade Commission Act. An agreement has now been entered into hy respondents and counsel supporting the complaint which provides, among other things that respondents admit all of the jurisdictional allegations in the complaint; that the record on which the initial decision and the decision of the Commission sball be based shall consist solely of the complaint and agreement; that the inclusion of findings 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 entered in disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, 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 settement purposes only and does not ).

COUNTRY TWEEDS, INC., ET AL. 1689 1088 Order constitute an admission hy respondents that they have violated the law as alleged in the complaint.

The hearing examiner having considered the agreement and proposed ordcr and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued: Respondent Country Tweeds, Inc., is a corporation existing and doing business under the laws of the State of New York with its offces and principal place of business located at 250 West 39th Street, New York, N. . Individual respondent Marcus Weisman is secretary-treasurer of the corporate respondent and has the same address as said corporate respondent. 2. The Federal Trade Commission has jurisdiction of the suhject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is O1'dered That respondents Country Tweeds, Inc. , a corporation, and its offcers, and Marcus Weisman, individually and as an offcer of said corporation, and respondents' representatives, agents, and employees, directly or through any corporate or other device, in connedion with the introduction or manufacturc 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 coats 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 mishranding said products by: 1. Falsely or deceptively stamping, tagging, labeling, or otherwise identifying such products as to the character or amount of the constituent fibers contained therein. 2. Failng 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 percentages 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 wooi (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, Decision 5G F.

(b) The maximum percentage of the total weight of such wool product of any nonfrbrous loading or adulterating matter. (c) The name or registered identification number of the manufacturer of such wool product or of one or more persons engaged in introducing such wool product into cummerce or in the offering for sale, sale, transportation, distribution or delivery or shipment thereof in commerce, as "commerce" is defined in the Wool Products Labeling Act of 1939.

3. Failing to set forth on the required stamp, label, or other means of identification the percentages of the total fiber weight of such wool product, exclusive of ornamentation not exceeding five percentum of said total fiber weight, of the specialty fibers Alpaca and 1\1ohair, where an election is made to use the names of those fibers in lieu of the word "wool." It is ivy the,' ordered That Country Tweeds, Inc. , a corporation and its offcers, and Marcus Weisman, individually and as an offcer 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 coats or other products in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Misrepresenting, directly or indirectly, the constituent fibers of which their products are composed or thc percentages, character, or amounts thereof in advertisements or in any other manner.

2. Making any representation in advertising or in any other manner that a product contains Alpaca or any other wool or textile fiber when such is not the fact, or using the name of any wool or textile fiber eontaincd in a product where the percentage by weight is insubstantial, unless a disclosure is made, in immediate conjunction with thc named fiber, of the actual percentage, by weight, of such fiber.

3. Placing' into the hands of others means and instrumentalities whereby they may make, directly or by implication, representations of the type referred to in paragraphs 1 and 2 above. DECISION OF THE COMMISSION AND ORDER TO FILE RgPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the COUNTRY TWEEDS, INC., ET AL. 1691 1688 Decision 16th day of April 1959, become the decision of the Commission; and, accordingly:

It is ordel' That respondents herein shall, within sixty (60) days after service upon them of this order, fie with 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.

Decision 55 F.