Fell-Bass, Inc.

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

In rue Matrer or FELL-BASS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE ¥EDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7681. Complaint, Dec. 7, 1959—Decision, Apr. 1, 1960 Consent order requiring New York City manufacturers to cease violating the Wool Products Labeling Act by tagging as “100% Virgin Wool,” ladies’ skirts composed of fabrics containing substantially less than 100% wool, and by failing to label other wool products as required. 2r. Charles W. O'Connell for the Commission. Respondents, pro se.

Inirrau Decision py Loren H. Lavenuin, Hearing Examrxen The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) on December 7, 1959, issued its compleint herein, charging the above-named respondents with having violated the provisions of both the Federal Trade Commission Act and the Wool Products Labeling Act, together with the Rules and Regulations promulgated thereunder, and the respondents were duly served with process.

On February 8. 1960. there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an “Agreement Containing Consent Order To Cease And Desist. which had been entered into by and between respondents ang counsel supporting the complaint, under date of February 3, Decision 56 F.T.C.

1960, subject to the approval of the Bureau of Litigation of the Commission, which had subsequently duly approved the same. On due consideration of such agreement, the hearing examiner finds that said agreement, both in form and in content is in accord with §3.25 of the Commission’s Rules of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically agreed to the following matters:

1. Respondent Fell-Bass, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York with its office and principal place of business located at 498 - (th Avenue, in the City of New York, State of New York. Respondents Sam Fell, Theodore Fell and Kermit Bass are oflicers of the corporate respondent. and they formulate, direct and control the acts and practices of the corporate respondent. The address of the individual respondents is the same as that of the corporate respondent.

2. 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.

3. This agreement disposes of all of this proceeding as to all parties.

4. Respondents waive:

(a) Any further procedural steps before the hearing examiner and the Commission :

(b) The making of findings of fact or conclusions of law; and (c) All of the rights they may have to challenge or contest the validity of the order to cease and desist. entered in accordance with this agreemnt.

5. 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.

6. This agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. 7. This 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.

8. The following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents. When so entered it shall have the same force and effect as if entered after a full hearing. It may be altered, modified or set aside in the manner provided for other orders. The complaint may be used in constrning the terms of the order. FELL-BASS, INC., ET AL. 1188 1181 Decision Upon due consideration of the complaint filed herein and the said “Agreement. Containing Consent Order To Cease And Desist,” the latter is hereby approved, accepted and ordered filed, the same not to become a part of the record herein, however, unless and until it becomes a part of the decision of the Commission. The hearing examiner finds from the complaint and the said “Agreement Containing Consent Order To Cease And Desist” that the Commission has jurisdiction of the subject matter of this proceeding and of each of the respondents herein; that the complaint states a legal cause for complaint under both the Federal Trade Commission Act and the Wool Products Labeling Act and the Rules and Regulations promulgated by the Commission under the latter Act, against. each of the respondents both generally and in each of the particulars alleged therein; that this proceeding is in the interest. of the public; that the following order as proposed in said agreement is appropriate for the just disposition of all of the issues in this proceeding as to all of the parties hereto; and that said order therefore should be, and hereby is, entered as follows: ORDER lt is ordered, That respondents Fell-Bass, Inc., a corporation, and its officers, and Sam Fell, Theodore Fell, and Kermit Bass, individually and as officers of said corporation, 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 “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 contained or included therein ; 2, Failing to affix labels to such products showing each element of information required to be disclosed by Section 4(a) (2) of the Wool Products Labeling Act of 1939.

DECISION OF TITE 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 Ist day of April, 1960, become the decision of the Commission; and, accordingly :

Decision 56 F.T.C.

It is ordered, That the above-named respondents shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing, setting forth m detail the manner and form in which they have complied with the order to cease and desist. :