George Horwitz

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IN THE MATTER OF GEORGE HORWITZ, ET AL TRADING AS NORTH. BERGEN QUILTING COMPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7446. Complaint, Mar. 17, 1959—Decision, June 26, 1959 Consent order requiring manufacturers in North Bergen, N.J., to cease violating the Wool Products Labeling Act by falsely labeling, and by failing to label, interlinings as to their fiber content. Mr. Kent P. Kratz for the Commission.

Respondents, for themselves.

INITIAL DECISION BY J. EARL COX, HEARING EXAMINER The complaint charges respondents with misbranding certain of their wool products, in violation of §4(a) (1) and §4(a) (2) of the Wool Products Labeling Act of 1939 and of the Rules and Regulations promulgated thereunder, and with the use in invoices of false and misleading statements as to the wool content of said products, in violation of the Federal Trade Commission Act.

After the issuance of the complaint, respondents and counsel supporting.the complaint entered into an agreement containing consent order to cease and desist, which was approved by the director and an assistant director of the Commission’s Bureau of Litigation, and thereafter transmitted to the hearing examiner for consideration.

The agreement states that respondents George Horwitz and Milton Horwitz are individuals and copartners trading as North Bergen Quilting Company, with their office and principal place of business located at 6035 Hudson Boulevard, in the City of North Bergen, State of New Jersey.

The agreement provides, among other things, that 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; that 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; that the agreement shall not become a part of the official record unless and until it becomes Decision 55 F.T.C.

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 respondents that they have 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.

Respondents waive 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 they 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 1939 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 ts ordered, That the respondents George Horwitz and Milton Horwitz, individually and as copartners trading as North Bergen Quilting Company, or trading under any other name or names, 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 Labeling Act of 1939 of woolen interlining material or other woolen products, as such products. are defined in and subject to the said Wool Products Labeling Act, 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 amounts of the constituent fibers contained therein; 2. Failing to securely affix to or place on each such product a stamp, tag, label, or other means of identification, showing in a clear and conspicuous manner:

NORTH BERGEN QUILTING COMPANY 2019 2017 Decision (a) The percentage of the total 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 five percentum or more, and (5) the aggregate of all other fibers;

(b) The maximum percentage of the total weight of such wool product of any nonfibrous loading, filling, 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 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 respondents George Horwitz and Milton Horwitz, individually and as copartners trading as North Bergen Quilting Company, or trading under any other name or names, and respondents’ agents, representatives and employees, directly or through any corporate or other device in connection with the sale or distribution of woolen fabrics or any other woolen products in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from 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 26th day of June 1959, become the decision of the Commission; and, accordingly:

It is ordered, That respondents George Horwitz and Milton Horwitz, individually and as copartners trading as North Bergen Quilting Company, 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. Decision: 55 F.T.C.