William Safran

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IN THE MATTER OF WILLIAM SAFRAN, DOING BUSINESS AS CONTINENTAL WOOL CO.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7439. Complaint, Mar. 12, 1959—Decision, June 24, 1959 Consent order requiring a Brooklyn, N.Y., manufacturer to cease violating the Wool Products Labeling Act by labeling and invoicing as “wool” and “all wool,” woolen stocks which contained a substantial quantity of other fibers and fibers previously woven or felted; and by failing in other respects to comply with the requirements of the Act. Mr. Frederick McManus for the Commission. Mr. Joseph T. McDonnell, of Washington, D.C., for respondent. INITIAL DECISION BY J. EARL COX, HEARING EXAMINER The complaint charges respondent with misbranding certain of his wool products, in violation of §4(a)(1) and §4(a)(2) of the Wool Products Labeling Act of 1939, and with the use of false, misleading and deceptive statements on sales invoices, shipping tags and other shipping memoranda concerning his woolen stocks, in violation of the Wool Products Labeling Act of 1939 and the Rules and Regulations promulgated thereunder, and of the Federal Trade Commission Act.

After the issuance of the complaint, respondent, his counsel, and counsel supporting the complaint entered into an agreement containing consent order to cease and desist, which was approved by the acting assistant director and by the director of the Com- | mission’s Bureau of Litigation, and thereafter transmitted to the hearing examiner for consideration. The agreement states that respondent William Safran is an individual doing business under the firm name Continental Wool Co., with his place of business located at 820 Driggs Avenue, Brooklyn, N.Y.

The agreement provides, among other things, that respondent admits all the jurisdictional facts alleged in the complaint, and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of Order 55 F.T.C.

the complaint and this agreement; that the agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission; that the complaint may be used in construing the terms of the order agreed upon, which may be altered, modified or set aside in the manner provided for other orders; that the agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint; and that the order set forth in the agreement and hereinafter included in this decision shall have the same force and effect as if entered after a full hearing.

Respondent waives any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of law, and all of the rights he may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement. The order agreed upon fully disposes of all the issues raised in the complaint, and adequately prohibits the acts and practices charged therein as being in violation of the Wool Products Labeling Act of 1989 and the Rules and Regulations promulgated thereunder, and of the Federal Trade Commission Act. Accordingly, the hearing examiner finds this proceeding to be in the public interest, and accepts the agreement containing consent order to cease and desist as part of the record upon which this decision is based. Therefore, It is ordered, That the respondent William Safran, an individual, doing business as Continental Wool Co., or under any other name or names, and respondent’s 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 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 affix or place on each such product a CONTINENTAL WOOL CO. 2013 2011 Decision 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 products, 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 five percentum or more, and (5) the aggregate of all other fibers;

(b) The maximum percentage of the total weight of such wool products 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 products 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 further ordered, That the respondent, William Safran, doing business as Continental Wool Co., or under any other name or names, and respondent’s 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 other products, in commerce, do forthwith cease and desist from, directly or indirectly:

Misrepresenting the constituent fibers of which products are composed, or the percentages thereof, in 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 24th day of June 1959, become the decision of the Commission; and, accordingly:

It is ordered, That respondent William Safran, an individual doing business as Continental Wool Co., shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist.

Decision 55 F.T.C.