Zipwell Fashions, Inc.

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IN THE :vATTER OF ZIPWELL FASHIONS, INC., ET AI"

CONSENT ORDER, ETC., IN REGARD TO 'THE ALLEGED VIOLATION OF THi: FF:DERAL TRADE CO)imission, THE WOOL PRODUCTS LABELING. ANn THE FUR PRODUCTS LABELING ACTS Docket 7.'81. C01nplaint, Jan. SO , j,9S. Decision, lva' , 1959 Consent orrler requiring a Kew York City manufacturer to cease violating the Wool Products Labeling Act by labeling as "100(/" wool" ladies ' and misses' topcoats which contained a substantial quantity of fibers other than wool, and by failing in other respects to comply with the labeling requirements of the Act; and to cease violating the Fur Products Labeling Act by labeling products deceptively with respect to the names of animals producing certain furs, by labeling certain lamb products as " Polar Mouton " and by failing in other respects to comply with labeling and invoicing requirements.

MT. F10ijd O. Collins supporting the complaint. M,' . Jack Hirsch of Finke, Jacobs Hi,' sch of New York , for respondents.

INITIAL DECISION BY JOHN B. POI:-DEXTER, HEARING EXAMINER This proceeding was initiated January 30, 1959 by the issuance of a Federal Trade Commission complaint which charges the above-named respondents with violation of the Fcdcral Trade Commission Act, the Wool Products Labeling Act and the Fur Products Labeling Act and the l ules and Regulations promulgated under the Wool Products Laheling Act and the "" ur Products Labeling Act as alleged in the complaint. After service of the complaint respondents entered into an agreement, dated February 25 , 1959, containing a consent order to cease and desist, disposing of all the issues in this proceeding, without hearing, which agreement has been duly approved by the director and assistant director of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore duly designated to act as hearing examiner herein for his consideration in accordance with Section 3. 25 of the Rules of the Commission.

The pertinent provisions of said agreement are as follows: Respondents admit all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing ZIPWELL FASHIONS, INC., ET AL. 1725 1724 Order and the said agreement shaU not become a part of the offcial a part ofrecord of the proceeding unless and until it becomes the decision of the Commission; the record herein shaU consist solely of the complaint and the agreement; respondents waive the requirement that the decision must contain a statement of findings of fact and conclusions of law; respondents waive further procedural steps before the hearing examiner and the Commission, and the order may be altered, modified, or set aside in the manner provided by statute for other orders; respondents waive 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 scttlemcnt purposes only and does not constitute an admission by respondents that they have violated the law as aUeged in the complaint.

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

JURISDICTIONAL FINDINGS 1. Respondent ZipweU Fashions, Inc., is a corporation organized and existing under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 247 West 37th Street, New York, N. 2. Respondent Jack Sosne is an individual and offcer of respondent corporation and formulates, directs and controls the acts and practices of the respondent corporation. Respondent' address is 247 West 37th Street, New York, N. 3. 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 ZipweU Fashions, Inc. , a corporation, and its offcers, and Jack Sosne, individuaUy 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 commerce, as "commerce" is defined in the Federal Trade Commission Act and the Wool Products 1726 FIWERAL TRADE COMMISSION DECISIONS Order 55 F.

Labeling Act of garments or other " wool products" as such products are defined and subject to the Wool Products Labeling Act 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 the constituent fibers included therein. 2. Failing to securely affx to or place on each such product a stamp, tag, label or other mem,s of identification showing in a clear and conspicuous manner:

(a) The percentage of the total fiber weight of such product exclusive of ornamentation not exceeding five percentum of said total 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 percenium or more, and (5) the aggregate of all other fibers;

(b) The maximum percentage of the totai weight of such wool product of any non-fibrous loading, filling or adulterating matter; (c) The name or the registcrcd identiication number of the manufacturer of such wool product or of one or more persons engaged in introducing such \vool 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.

3. Failing to stamp, tag or label samples, swatches or specimens of wool products, vvhich are used to promote or effect sales of such wool products in commerce with the information required under paragraph 2 hereof, as provided by Rule 22 of the Rules and Regulations promulgated under the Wool Products Labeling Act of 1939.

4. Failing to separately set forth on the required stamp, tag, label or other means of identification the character and amount of the constituent fibers contained in the interlining of such wool products as provided in Rule 24 of the Rules and Rcgulations promulgated under the said Wool Products Labeling Act of 1939. It is further ordered That respondents Zipwell Fashions, Inc. a corporation, and its officers, and .Tack Sosne, 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 introduction or manufacture for introduction into commerce, or the sale, advertising, offering for sale, transportation, or distribution in commerce of ZIPWELL FASHIONS , INC., ET AI. 1727 1724 Oeder any fur product, or in connection with the manufacture, sale advertising, offering for sale, transportation or distribution of any fur product which is made in whole or in part of fur which has been shipped and received in commerce, as "commerce fur and "fur product" are defined in the Fur Products Labeling Act do forthwith cease and desist from:

1. Misbranding fur products by:

(a) Falsely or deceptively labeling or otherwise identifying any such product as to the name or names of the animal or animals that produced the fur from which such products were manufactured.

(b) Failing to affx labels to fur products showing: (1) The name or names of the animal or animals producing the fur or furs contained in the fur product as set forth in the Fur Products Name Guide and as prescribed under the Rules and Hegulations;

(2) That the fur product contains or is composed of used fur '\Then such is a fact;

(3) That the fur product contains or is composed of bleached dyed, or otherwise artificially colored fur when such is a fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies or vvaste fur when such is a fact; (5) The name, or other identification issued and registered by the Commission of one or more persons who manufactured such fur product for introduction into commerce, introduced it into commerce, sold it in commerce, advertised or offered it for sale in commerce, or transported or distributed it in commerce. (c) Misrepresenting the zoological origin of the animal that produced the fur contained in a fur product. 2. Falsely or deceptively invoicing fur products by: (a) Failing to furnish invoices to purchasers of fur products showing- :

(1) The name or names of the animal or animals producing the fur or fuI's contained in the fur product, as set forth in the Fur Products :'ame Guide and as proscribed under the Rules and Regulations;

(2) That the fur product contains or is composed of used fur ,vhen such is a fact;

(3) That the fur product contains or is composed of bleached dyed or otherwise artificially colored fur, when such is a fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is a fact; Decision 55 F.

(5) The name and address of the person issuing such invoice; (6) The name of the country of origin of any imported fur contained in a fur product.

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 1st day of May 1959 , become the decision of the Commission; and, accordingly:

It is o1' dered 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.

OPT I-RAY, IKC., ET AI" 1729 Decision