Neptune Garment Company

Text (OCR of the scan at left; may contain errors)

In toe Matrer oF NEPTUNE GARMENT COMPANY ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7481. Complaint, May 6, 1959—Decision, Sept. 17, 1959 Consent order requiring a Boston rain wear manufacturer to cease representing falsely by such means as attached labels that raincoats it sold to Air Force Post Exchanges were “Approved by Headquarters Air Materiel Command USAF * * * Mfd’d in Strict Accordance with Specification No. MILR 83886A With AF Approved Material.”

Mr, Alvin D, Edelson for the Commission.

Mr. George W. Gold, of Boston, Mass., for respondents. Inir1au Decision By Warrter R. Jounson, Hearine Examiner In the complaint dated May 6, 1959, the respondents are charged with violating the provisions of the Federal Trade Commission Act. On July 21, 1959, the respondents and their attorney entered into an agreement with counsel in support of the complaint for a consent order.

Under the foregoing agreement, the respondents admit the jurisdictional facts alleged in the complaint. The parties agree, among other things, that the cease and desist order there set forth may be entered without further notice and have the same force and effect as if entered after a full hearing and the document includes a waiver by the respondents of all rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites that it 1s for settlement purposes only and does not constitute an admission by the respondents that they have violated the law as alleged in the complaint.

Decision 56 F.T.C.

The hearing examiner finds that the content of the agreement meets all of the requirements of section 3.25(b) of the Rules of the Commission.

The hearing examiner being of the opinion that the agreement and the proposed order provide an appropriate basis for disposition of this proceeding as to all of the parties, the agreement is hereby accepted and it is ordered that the agreement shal] not become a part of the official record of the proceeding unless and until it becomes a part of the decision of the Commission. The following jurisdictional findings are made and the following order issued. 1. Respondent Neptune Garment Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of Massachusetts with its principal office and place of business located at 242 Dover Street, Boston, Massachusetts. Individual respondent Cecil S. Rose is president of the corporate respondent with his principal office and place of business at the same address as the corporate respondent. 2. 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 1s ordered, That Neptune Garment Company, a corporation, and its officers, and Cecil S. Rose, individually and as an officer of the 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 rain-wear or any other merchandise, 1n commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing that said merchandise has been manufactured in accordance with Air Force or any other military or governmental specifications, or with Air Force or any other military or governmentally approved material when such is not in accordance with the facts. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant. to Section 8.21 of the Commission's Rules of Practice, the initial decision of the hearing examiner shall, on the 17th day of September, 1959, become the decision of the Commission; and, accordingly :

It is ordered, That 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. INTERNATIONAL HOUSEWARES INC., ET AL. 315 Decision