Carteret Jr. Fashions Corp.

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

In true Marrer or CARTERET JR. FASHIONS CORP. ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7689. Complaint, Dee. 14, 1959—Decision, Apr. 2, 1960 Consent order requiring New York City manufacturers to cease violating the Wool Products Labeling Act by failing to label ladies’ dresses as to wool content.

Mr. Frederick AfcAfanus for the Commission. Mr. Louis Mitler, of New York, N.Y., for respondents. InirraL Decision By J. Eart Cox, Hearinc Examiner The complaint charges respondents with violation of the Federal Trade Commission Act and of the Wool Products Labeling Act of 1939 and the Rules and Regulations promulgated thereunder, by misbranding certain of their wool products, consisting of ladies’ dresses.

After the issuance of the complaint, respondents, their counsel, 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 corporate respondent Carteret Jr. Fashions Corp. 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 1875 Broadway, New York, New York, and that individual respondent Aaron CARTERET JR. FASHIONS CORP. ETAL. 1195 1194 Order Dworkowitz is president of the corporate respondent and formulates, directs and controls the policies and practices of the corporate respondent, his address being the same as that of the corporate respondent.

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 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 im 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 Federal Trade Commission Act and of the Wool Products Labeling Act. of 1939 and the Rules and Regulations promulgated thereunder. 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 is ordered, That respondents Carteret Jr. Fashions Corp., a corporation, and its officers, and Aaron Dworkowitz 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 ladies’ dresses or other wool products, as such products are defined in and subject to said Wool Products Labeling 599S69—62 7 Decision 56 F.T.C.

Act, do forthwith cease and desist from misbranding such products. by failing to affix labels to such products showing each element of information required to be disclosed by §4(a) (2) of the Wool Products Labeling Act.

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 2nd day of April, 1960, become the decision of the Commission; and, accordingly :

It is ordered, That respondents Carteret Jr. Fashions Corp., a corporation, and Aaron Dworkowitz, individually and as officer of said corporation, 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.