Eugene I. Woodle, Inc.

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

In THE MATTER OF EUGENE I. WOODLE, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7605. Complaint, Oct. 2, 1959—Decision, Jan, 12, 1960 Consent order requiring manufacturers in Chelsea, Mass... to cease violating the Wool Products Labeling Act by invoicing as “95% All Wool Labe)]— 5% Other Fibers,” picked wool stock which consisted substantially of reprocessed wool; by failing to label wool products as required; and by furnishing customers with false guaranties as to the fiber content of picked wool stocks.

Mr. A. D. Edelson for the Commission.

Ur. Daniel T. Coughlin of Boston, Mass., for respondents. Ixiria, Decrston py Harry R. Hinges, Hearing Examiner The Federal Trade Commission issued its complaint against. the above-named respondents on October 8, 1959 charging them with having violated the Wool Products Labeling Act. of 1989 and the Rules and Regulations promulgated thereunder, as well as the Federal Trade Commission Act, through the misbranding and false guarantees of certain wool products.

An agreement has now been entered into by respondents and counsel supporting the complaint which provides, among other things, that respondents admit all the jurisdictional facts alleged in the complaint: that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the making of findings of fact and conclusions of Jaw in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter cet. forth may be entered in this proceeding without further notice to the respondents and when entered shal] have the same force and Order 56 F.T.C.

effect as if entered after a full hearing, respondents specifically waiving all the rights they may have to challenge or contest the validity of the order; that the order may be altered, modified, or set aside in the manner provided for other orders; that the complaint may be used in construing the terms of the order: 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 agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission.

The hearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement. is hereby accepted, the following jurisdictional findings made, and the following order issued:

1. Respondent Eugene I. Woodle, Inc., is a corporation organized, existing and doing business under and by virtue of the Jaws of the State of Masachusetts with its office and principal place of business located at 126 Auburn Street, Chelsea, Massachusetts. The individual respondent, Eugene I. Woodle, is president of the corporate respondent and formulates, directs and controls the acts and practices of the corporate respondent. He maintains a business address 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 lt is ordered, That respondents Eugene I. Woodle, Inc., a corporation, and its officers, and Eugene JI. Woodle, individually and as an officer 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 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 “wool products,” as such products are defined in and subject to the Wool Products Labeling Act of 1989, 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 contained therein; EUGENE I. WOODLE, INC., ET AL. 735 738 Decision 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:

(a) The percentage of the total fiber 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 ageregate of all other fibers;

(bh) The maximum percentage of the total weight of such wool products, of any non-fibrous 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 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 respondents Eugene I. Woodle, Inc., a corporation, and its officers, and Eugene I. Woodle, individually and as an officer of said 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 picked wool stock or any other wool products in commerce. as “commerce” is defined in the Wool Products Labeling Act. do forthwith cease and desist from: Furnishing to customers, or others handling their wool products any guarantees containing false information as to the fiber content of any product made in whole or in part of wool, or purporting to be made in whole or in part of wool, as the term “wool” 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 12th day of January, 1960. become the decision of the Commission; and, accordingly :

It is ordered. That the respondents herein shall, within sixty (60) davs 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 D6 LC.