Julian D. Grollnek
Volume 56 · 56 F.T.C. 920
product labelingdeceptive advertising
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Julian D. Grollnek, 56 F.T.C. 920 (1960). Consumer Law Library, https://consumerlawlibrary.org/decisions/v056-0193
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In the MATTER OF JULIAN D. GROLLNEK, ET Al, TRADING AS G. & G. SPORTSWEAR CO., ETC.
CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7607. Complaint, Oct. 138, 1959—Decision, Feb. 13, 1960 Consent order requiring Los Angeles manufacturers to cease violating the Wool Products Labeling Act by labeling as “60% wool, 40% rayon,” women's suits which contained substantially less than 60% wool, by failing to attach labels to the skirts of two-piece suits, and by failing in other respects to comply with labeling requirements. Mr. Charles Donelan for the Commission.
Inirmat Decision BY Warrer R. Jounson, Heartnc Examiner In the complaint dated October 18, 1959, the respondents are charged with violating the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act and the Rules and Regulations made pursuant. thereto.
On December 3, 1959, the respondents 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 is for settlement purposes oniv and does not constitute an admission by the respondents that they have violated the law as alleged in the complaint.
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 G. & G. SPORTSWEAR CO., ETC. 921 920 Order 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 shall 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. Respondents Julian D. Grollnek and Mary H. Grollinek are individuals and co-partners trading as G. & G. Sportswear Co., G. & G. Coat Co. and Mary Hayes of California, with their office and place of business located at 127 East Ninth Street, Los Angeles, California.
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 ts ordered, That the respondents, Julian D. Grollnek and Mary H. GrolInek, individually and as co-partners, trading as G. & G. Sportswear Co., G. & G. Coat Co. and Mary Hayes of California, or under any other name, 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 women’s suits 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:
A. Misbranding such products by:
1. Falsely or deceptively stamping, tagging, labeling, or otherwise identifying such products as to character or amount of the constituent fibers included therein.
2, Failing to securely aflix 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 products, exclusive of ornamentation not exceeding five percentum of said total fiber weight of (1) wool, (2) reprocessed wool, (8) 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 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 en- Findings 56 F.T.C.
gaged 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.
3. Failing to attach a stamp, tag, or label, or other means of identification containing the information required under section 4(a)(2) of the Wool Products Labeling Act and the Rules and Regulations thereunder to each unit of multiple piece garments sold in combination, as required by Rule 12 of the aforesaid Rules and Regulations.
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 18th day of February, 1960, become the decision of the Commission; and, accordingly :
Tt is ordered, That the 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.