North Berwick Company

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IN Tile MATTER OF XORTH BERWICK COMPANY ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATIO:- OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7371;. C01nplaint, Jan. j9S9-Decision, May PO , 1.9S9 Consent order requiring- a manufacturer in North Berwick, Me. , to cease violating the Wool Products Labeling Act by labeling as " 90% Woo110% Other Fibers " interlining materials which contained substantially greater quantities of Ban woo) fibers than thus indicated, and by failing in other respects to comply with labeling requirements of the Act. Mr. John T. Walker for the Commission. Irving Isaacson, Esq. for Brann Isaacson of Lewiston, Me. for respondents.

INITIAL DECISION BY LOREN H. LAUGHLIN, HEARING EXAMINER The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) on January 23 , 1959, issued its complaint herein, charging the above-named respondents with having violated the provisions of both the Federal Trade Commission Act and the Wool Products Labeling Act, together with the rules and Regulations promulgated thereunder, and the respondents were duly served with process.

On March 16, 1959 , there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an "Agreement Containing Consent Order to Cease and Desist " which had been entered into by and between respondents and the attorneys for both parties, under date of March 9 1959, subject to the approval of the Bureau of Litigation of the Commission, which had subsequently duly approved the same. On due consideration of such agreement, the hearing examiner finds that said agreement, both in form and in content, is in accord with ;;:J.25 of the Commission s Rules of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically agreed to the following matters: 1. Respondent North Berwick Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of Maine, with its offce and principal place of business located at North Berwick, Maine. Decision 55 F.

Individual respondents Robert Rosenthal and Herbert Miller are president and secretary-tre'lSurer, respectively, of the corporate respondent.

2. Respondents admit all the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations.

3. This agreement disposes of all of this proceeding as to all parties.

4. Respondents \vaive:

(a) Any further procedural steps before the hearing examiner and the Commission;

(b) The making of findings of fact or conclusions of law; and (c) All of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement.

5. The record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement.

G. This agreement shall not become a part of the offcial record unless and until it becomes a part of the Llecision of the Commission.

7. This agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged iu the complaint. 8. The following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents. When so entered it shall have the same force and effect as if entered after a full hearing. It may be altered, modilied, or set aside in the manner provided for other orders. The complaint may be used in construing the terms of the order. I;pon due consideration of the complaint filed herein and the said "Agreement Containing Consent Order to Cease and Desist the latter is hereby approved, accepted and ordered filed, the same not to become a part of the record herein, however, unless and until it becomes a part of the decision of the Commission. The hearing examine" fltds from the complaint and the said Agreement Containing Consent Order to Cease and Desist" that the Commission has jurisdiction of the subject matter of this proceeding and of each of the respondents herein; that the complaint states a legal cause for complaint under the Federal Trade Commission Act and the Wool Products Labeling Act and the !-ORTH BERWICK CO., ET AI.. 1833 lR:Jl Orr.CT Rules and Regulations promulgated by the Commission under the latter Act, against each of the respondents both generally and in each of the particulars alleged therein; that this proceeding is in the interest of the public; that the following order as proposed in said agreement is appropriate for the just disposition of all of the issues in this proceeding as to all of the parties hereto; and that said order therefore should be, and hereby is, entered as follows;

ORDER It is ordered That respondents North Berwick Company, a corporation, and its offcers, and Robert Rosenthal and Herbert Miller, individually, and as offcers of said corporation, and respondents' representatives, agents or employees, directly or through any corporate or other device, in conned-ion with the introduction or manufacture for introduction into commerce, or the offering for sale, sale, transportation or distribution in commerce, as "commerce" is defmed in the Federal Trade Commission Act and the Wool Products Labeling Act of 1939 , of interlining materials or other V,rool products, as such products are defined in and subject to the Wool Products Labeling Act of 1039, 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 means of identification 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 perccntum of said total fiber weig-ht, of (1) wool, (2) reprocessed wool, (3) reused 'Nool, (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 percentag-es 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 on8 or marc persons or inengaged in introducing- such wool product into commerce, the offering for sale, sale, transportation, distribution or delivery 1834 FIWF,RAL TRADI: COMMISSIOK DECISIONS Decision 55 F.

for shipment thereof in commerce, as "commerce" is defined in the Wool Products Labeling Act of 1939.

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 20th day of May 1959 , become the decision of the Commission; and accordingly:

It is ordered That the above-named respondents 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.

BENTON FURS ET AL. 1835 Decision